JOURNALS OF THE Ten-Days Spe~ial Session AND THE Regular Session OF THE Douse of Represeniaiives of ihe Siaie of Georgia 1941 Journal of the Special Session From Pages 5 to g8, Inclusive Journal of the Regular Session From Pages 100 to 1428, Inclusive Followed by the Index 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 JOURNAL OF THE BOUSE OF REPRESENTATIVES OF THE S1a1e of Georgia AT THE SPECIAL TEN-DAYS SESSION OF THE GENERAL ASSEMBLY Commenced at Atlanta, Monday, January 13, 1941 1941 THE STEIN PRINTING CO., ATLANTA, GA. OFFICERS OF THE HOUSE OF REPRESENTATIVES RANDALL EVANS, JR., of McDuffie . . . . . . . . . . . . . . . . . . . . . . Speaker FRED HAND, of Mitchell ........................ Speaker Pro Tern. JOE BOONE, of Wilkinson ................................... Clerk GEORGE H. SAMMONS, of Glascock .............. Chief Asst. Clerk WOODROW W. TUCKER, of Habersham ................ Messenger M. D. TOMS, of Quitman .............................. Doorkeeper 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~ 1 . HOUSE JOURNAL FIRST DAY SPECIAL TEN DAY SESSION JANUARY IJ, 1941 Representative Hall, Atlanta, Georgia, Monday, January IJ, 1941. The Representatives-elect of the General Assembly of Georgia for the years 1941-1942, met pursuant to law in the Hall of the Hou~e of Representatives at 10:00 o'clock, A. M., this day and were called to order by Honorable John W. Greer, of Lanier, Clerk of the last. House of Representatives. The invocation was delivered by Rev. Joe Branch, of Davisboro, Georgia. The Secretary of State transmitted to the Clerk the following list of names ot the Representatives-elect. ' HoN. JoHN W. GREER, JR., Clerk, House of Representatives, State Capitol, Atlanta, Georgia. January 13, 1941. Dear Sir: l am transmitting herewith the names of the Representatives elected in the general election held November 5, 1940, to represent the various counties in the General Assembly for the years 1941 and 1942, as the same appear from the consolidation of returns of said election which are of file in this office. Very truly yours, JoHN B. WILSON, Secretary of State. OFFICE OF SECRETARY OF STATE I, ]ohn B. Wilson, Secretary of State of the State of Georgia, do hereby certify, that the two pages of typewritten matter hereto attached contain a true and correct list of the Members of the Georgia House of Representatives elected in the general election held November 5, 1940, as the same appear from the consolidated returns of said election, which returns are of file in this office, the name of the county being given opposite the name of the Representative elected. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of January, in the year of our Lord One Thousand Nine Hundred and Forty-One and of the Independence of the United States of America the .One Hundred and Sixty-fifth. JoHN B. 'WILSON, Secretary of State. ,., 6 JOURNAL OF THE HOUSE, Members of the Georgia House of Representatives, 1941-1942. County Representative Appling .............................................. J. E. Dyal Atkinson ............................................. C. 0. Taft Bacon ............................................... C. A. Williams Baker ............................................... W. 0. Musgrove Baldwin ............................................. Marion Ennis Baldwin ............................................. J. H. Ennis Banks ............................................... E. M. Dalton Barrow .............................................. H. B. Smith Bartow .............................................. S. Luke Pettit Bartow .............................................. Paul Martin Ben Hill ............................................. C. A. Holtzendorf Berrien .............................................. Perry L. Pittman Bibb ................................................ Luther U. Bloodworth Bibb ................................................ Benning M. Grice Bibb ................................................ A. H. S. Weaver Bleckley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L. A. Whipple Brandey ............................................. W. Harley Jones Brooks ............................................... vV. R. Blease Brooks ............................................... L. W. Graham Bryan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L. C. Gill Bulloch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H. S. Aiken Bulloch .. , ........................................... Dr. D. L. Deal Burke ............................................... Ralph Lewis Burke ............................................... Frank Wells Butts................................................ Joe Gaston Calhoun ............................................. Jerome M. Clements Camden ....... : . .................................... R. W. Ferguson Candler .............................................. F. H. Sills Carroll ............................................... Willis Smith Carroll ............................................... W. 0. Smitha Catoosa .............................................. W. A. McClure Charlton ............................................. J. B. Southwell Chatham ............................................. Spence M. Grayson Chatham . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Frank A. McNall Chatham . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David S. Atkinson Chattahoochee........................................ E. F. Johnson Chattooga ............................................ Moses E. Brinson Cherokee............................................. Fred Wilbanks Clarke ............................................... Dupree Hunnicutt, Jr. Clarke ............................................... L. Olin Price, Jr. Clay ...... : .......................................... Chester Gavin Clayton .............................................. W. W. Wells Clinch ............................................... BenT. Willoughby Cobb ................................................ John T. Dorsey Cobb ................................................ Sam Welsch MONDAY, JANUARY 13, 1941 7 County Representative Coffee ............................................... Micajah Vickers Colquitt .............................. .'.............. Leo T. Barber Colquitt ............................................. John T. Barlow Columbia ............................................ E. D. Clary, Jr. Cook ................................................ Mallie Joiner Coweta .............................................. H. C. Arnall Coweta .............................................. J. B. Davis Crawford ............... : . ........................... Millard Easler Crisp ................................................ Wendell Horne Dade ................................................ Elbert Forrester Dawson .............................................. M. R. Looper Decatur .............................................. E. M. Mills Decatur.............................................. J. M. Simmons DeKalb .............................................. Mell Turner DeKalb .............................................. Murphey Candler, Jr. DeKalb ..............................................John A. Dunaway Dodge ............................................... E. E. Yawn Dodge ............................................... E. L. Jones Dooly ............................................... Dr. V. C. Daves Dougherty ........................................... George L. Sabados Dougherty ........................................... Ernest Wetherbee Douglas .............................................. Alpha A. Fowler Early ................................................ J. 0. Bridges Echols ............................................... W. H. Herrin, Jr. Effingham ............................................ J. W. Reiser Elbert ............................................... Robert M. Heard Emanuel. ............................................ V. H. Hooks Emanuel. ............................................ Alonzo H. Woods Evans ............................................... John Thigpen Fannin .............................................. Cecil G. Hartness Fayette .............................................. J. W. Culpepper Floyd ................................................ M.G. Hicks Floyd................................................ Jack Rogers Floyd................................................ John Maddox Forsyth .............................................. Royston Ingram Franklin ............................................. C. D. McEntire Fulton ........................... - .................. W. C. Kendrick Fulton ............................................... Helen Douglas Mankin Fulton ............................................... Paul S. Etheridge, Jr. Gilmer............................................... E. M. Wright Glascock ............................................. C. R. Wren Glynn ............................................... Charles Gowen Gordon .............................................. C. L. Moss Grady ............................................... W. A. Walker, Sr. Greene............................................... Fred Tappan, Jr. Gwinnett ............................................ Marvin A. Allison Gwinnett ............................................ Glenn R. Roberts 8 JOURNAL OF THE HOUSE, County Representative Habersham ........................................... J.P. Inglis Hall ................................................. Joseph Blackshear Hall ................................................. C. E. Smith, Jr. Hancock ............................................. Marvin Moate Haralson ............................................ W. 0. Strickland Harris ............................................... W. W. Williams Hart ................................................ John Richardson Heard ...............................................Olin Sheppard Henry ............................................... R. 0. Jackson Houston ............................................. W. W. Gray Irvin ... .' ............................................ Oliver K. Mixon Jackson .............................................. Odell Williams Jackson .................................. , ........... C. E. Hardy Jasper ............................................... \V. H. Key Jeff Davis ............................................ J. C. Bennett Jefferson ............................................. J. Roy McCracken Jenkins .............................................. Walter Harrison Johnson .............................................. Emory L. Rowland Jones ................................................ A.M. Greene Lamar ............................................... C. M. Dunn Lanier ............................................... T. E. Miller Laurens ......................................... ..... W. Herschel Lovett Laurens .............................................. Dawson Kea Lee ................................................. C. C. Ansley Liberty .............................................. C. J. Smiley Lincoln .............................................. John P. Drinkard Long ................................................ T. L. Howard Lowndes ............................................. T. Guy Connell Lowndes ............................................. J. G. Cowart Lumpkin ............................................. G. H. Moore Macon ............................................... Mrs. John B. Guerry Madison ............................................. H. C. Hardman 1.\Iarion .............................................. J.P. Hogg McDuffie ........................................... ,Randall Evans, Jr. Mcintosh ............................................ F. A. Mcintosh Meriwether ........................................... G. C. Thompson Meriwether...........................................J. Frank Hatchett Miller ............................................... J. Bush Mims Mitchell ............................................. J. E. Brooks Mitchell ............................................. Fred Hand Monroe .............................................. R. C. Goolsby, Sr. Montgomery ......................................... J. T. Warnock Morgan .............................................. C. R. Mason Murray .............................................. Charles A. Pannell Muscogee ............................................ J. Robert Elliott Muscogee ............................................ Edward Wohlwender Muscogee ............................................ Hunt Maxwell MONDAY, JANUARY 13, 1941 9 County Representative Newton .............................................. T. G. Callaway, Jr. Oconee .............................................. M. Jarrett Bradbury Oglethorpe ........................................... George B. Brooks Paulding ............................................. W. A. Foster, Jr. Peach ............................................... W. D. Aultman Pickens .............................................. Roscoe Pickett, Jr. Pierce ............................................... Eldon Bowen Pike................................................. W. F. Johnson Polk................................................. Robert Campbell Polk ................................................. Dr. D. M. Livingston Pulaski .............................................. J.D. Dupree Putnam .............................................. P. C. Rossee Quitman ............................................. G. 0. Kaigler Rabun ............................................... T. L. Bynum Randolph ............................................ J. M. Curry Richmond ............................................ Roy V. Harris Richmond ............................................ V\'. H. H. Jones Richmond ............................................ W. M. Lester Rockdale ............................................. \Vm. T. Dean Schley ............................................... J. 0. Smith Screven .................... , ......................... Elliott Hagan Seminole ............................................. John L. Drake Spalding ............................................. John H. Goddard Spalding ............................................. Albert G. Swint Stephens ...... , ...................................... Frank C. Gross Stewart.............................................. Byron Anglin Sumter .............................................. John Ferguson Sumter .............................................. Julian Suggs, Sr. Talbot ............................................... J. B. Maund Taliaferro ............................................ W. R. Moore Tattnall ............................................. J. Cliff Kennedy Taylor ............................................... J. W. Edwards Telfair ............................................... T. J. Wells Terrell. .............................................. Lucius G. Pinkston Thomas .............................................. R. E. Chastain Thomas .............................................. A. B. Hart Tift ............... '.................................. Geo. W. Branch Toombs .............................................. T. F. Fuller Towns............................................... Osborn Foster Treutlen ............................................. Hugh Gillis Troup ............................................... H. \V. Caldwell Troup ............................................... Render Dallis Troup ............................................... Charles H. Bruce Turner ............................................... C. Z. Harden Twiggs .............................................. James D. Shannon Union ............................................... C. E. Rich Upson ............................................... J. Linwood Bentley 10 JOURNAL OF THE HOUSE, County Representative Walker .............................................. E. H. Kelly Walker ..............................................John L. Mavity Walton .............................................. C. E. Parker Walton .............................................. Orrin Roberts Ware ................................................. Jack Williams Ware ............. ; .................................. W. B. Bates Warren .............................................. Crawford Pilcher Washington .......................................... E. C. Smith Washington .......................................... W. Harvey Roughton Wayne ..............................................J. M. Anderson Webster .............................................. Cleve! and Rees Wheeler ............................................. Wallace Adams White ............................................... E. L. Russell Whitfield ............................................ W. Gordon Mann Wilcox ............................................... Dr. J. F. Witherington Wilkes ............................................... W. H. Griffin Wilkinson ............................................ A. S. Boone, Jr. Worth ............................................... E. J. Ford Worth ............................................... C. S. Jones The roll of counties was called and the Representatives-elect came forward to the bar of the House of Representatives, and took the oath of office, which oath was administered by Mr. Chief Justice Reid and Mr. Justice Jenkins of the Georgia Supreme Court. At the request of the Thomas Delegation, Justice Hugh Mcintyre of the Court of Appeals, administered the oath of office to Hon. R. E. Chastain and Hon. A. B. Hart of Thomas. The next business being the election of a speaker, Mr. Blease of Brooks placed the name of Honorable Randall Evans, Jr. of McDuffie in nomination, and the nomination was seconded by Messrs. Culpepper of Fayette, Mankin of Fulton, Dorsey of Cobb, Pannell of Murray and Elliott of Muscogee. There being no other candidates for the office of Speaker, the Chair declared the nominations closed. The roll call was ordered and the vote was as follows: Those voting for Mr. Evans were Messrs.: Aiken Allison Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clary Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman MONDAY, JANUARY IJ, 1941 II Hardy Mills Harris Mims Harrison Mixon Hart Moate Hartness Moore of Lumpkin Heard Moore of Taliaferro Herrin Moss Hicks Musgrove Hogg Pannell Holtzendorf Parker Hooks Pettit Horne Pickett Howard Pilcher Hdnnicutt Pinkston Inglis Pittman Ingram Price Jackson Rees Johnson of Chattahoochee Reiser Johnson of Pike Rich Joiner Richardson Jones of Brantley Roberts of Gwinnett Jones of Dodge Roberts of Walton Jones of Richmond Rogers Jones of Worth Rossee Kaigler Roughton Kea of Laurens Rowland Kelley Russell Kendrick Sabados Kennedy Shannon Key of Jasper Sheppard Lester Sills Lewis Simmons Livingston Smiley Looper Smith of Barrow Lovett Smith of Carroll Maddox Smith of Hall Mankin Smith of Schley Mann Smith of Washington Martin Smitha Mason Southwell Maund Strickland Mavity Suggs McClure Swint McCracken Taft Mcintosh Tappan McEntire Thigpen McNall Thompson Miller Turner 12 JOURNAL OF THE HOUSE, Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Wren Wright Yawn Those not voting were Messrs.: Adams Anderson Anglin Evans Hatchett Maxwell Woods By unanimous consent, the verification of the roll call was dispensed with. Upon consolidating the votes cast, it was found that Mr. Evans had received 198 votes, being the entire number of votes cast. Honorable Randall Evans, Jr. of McDuffie, having received a majority vote of the members elected to the House, was declared elected Speaker of the House for the ensuing term of two years. The Chair appointed the following committee to escort the Speaker to the Speaker's stand: Messrs. Drinkard of Lincoln, Blease of Brooks, Edwards of Taylor, Elliott of Muscogee, Hardin of Turner, Mills of Decatur, Pannell of Murray. The Speaker was escorted to the Speaker's stand by the committee, and addressed the House. The next order of business being the election of a Clerk of the House, Mr. Sabados of Dougherty placed in nomination the name of Honorable Joe Boone of Wilkinson, which nomination was seconded by Messrs. Mixon of Irwin and Boone of Wilkinson. There being no other candidates for Clerk, the Speaker ordered the nominations closed. The roll call was ordered and the vote was as follows: I Those voting for Mr. Boone were Messrs.: Aiken Allison Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Brnum Caldwell Callaway Campbell Candler Chastain Clary Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree MONDAY, JANUARY IJ, 1941 IJ Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Han Hartness Heard Herrin Hicks Hogg Holtzendorf Hooks Home Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure McCracken Mcintosh McEntire McNall Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Pickett Pilcher Pinkston 14 JOURNAL OF THE HOUSE, Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Wren Wright Yawn Mr. Speaker Those not voting were Messrs.: Adams Anderson Hatchett Maxwell Woods By unanimous consent, the verification of the roll call was dispensed with. Upon consolidating the votes cast, it was found that Mr. Boone had received 190 votes, being the entire number of votes cast. Honorable Joe Boone of Wilkinson, having received a majority of all the votes cast, was declared elected Clerk of the House for the ensuing term of two years. The Speaker appointed the following committee to escort the Clerk to the Clerk's stand: Messrs. Sabados of Dougherty, Mixon of Irwin, Boone of Wilkinson. The Clerk was escorted to the stand by the comAlittee, administered the oath of his office by the Speaker, then addressed the House. The following resolution of the House was read and adopted: By Mr. Culpepper of Fayette- House Resolution No. 1. A RESOLUTIO~ Be it resolved that the Clerk of t,he House notify the Senate "that the House has organized and is ready for the transaction of business. MONDAY, JANUARY 13, 1941 The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: I am instructed by the Senate to notify the House of Representatives that the Senate has convened and has organized by the election of Hon. Charles D. Redwine of the 26th District as President, and Hon. Lindley W. Camp of Fulton County as Secretary, and Hon. H. B. Edwards of the 6th District as President pro tempore, and is now ready for the transaction of business. The following message was received from the Senate through Mr. Camp, the. Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the Senate, to-wit: By Senator Edenfield of the 4th District- Senate Resolution No. 2. A resolution providing for a joint committee of two from the Senate and three from the House, to be appointed by the President and Speaker, respectively, to notify His Excellency, the Governor, that the Genera Assembly has convened, organized, and ready for the transaction of business. The President has appointed as a committee on the part of the Senate the following members, to-wit: Senator Kirkland, 49th District. Senator Milhollen, 46th District. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the Senate, tO-wit: By Senator Edenfield of the 4th District- Senate Resolution No. 3 A resolution providing that the Senate and House meet in joint session in the Hall of the House of Representatives at IO:JO A. M., January 14, 1941, for the purpose of canvassing and publishing the election returns. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the Senate, tO-wit: By Senator Edenfield of the 4th District- 16 JOURNAL OF THE HOUSE, Senate Resolution No. 4 A resolution providing for the inauguration of the Governor of Georgia at II :JO A.M. Tuesday, January 14, 1941. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the Senate, tO-wit: By Senator Edenfield of the 4th District- Senate Resolution No. 5 A resolution providing for a joint committee of two from the Senate and three from the House, to be appointed by the President and Speaker, respectively, to arrange for the inauguration ceremonies of the Governor. The President has appointed as a committee on the part of the Senate the following members, to-wit: Senator Park, 19th District, Senator McGee, 25th District. The next order of business being the election of a Speaker Pro Tern. of the House, Mr. Lewis of Burke placed in nomination the name of Honorable Fred Hand of Mitchell, which nomination was seconded by Messrs. Grayson of Chatham, Fowler of Douglas, Kendrick of Fulton and Brooks of Mitchell. Mr. Dallis of Troup placed in nomination the name of Honorable Charles H. Bruce of Troup, which nomination was seconded by Messrs. Culpepper of Fayette, Pannell of Murray and Connell of Lowndes. Mr. Shannon of Twiggs placed in nomination the name of Honorable Harvey Roughton of Washington, which nomination was seconded by Messrs. Sills of Candler, Ennis of Baldwin and Wren of Glascock. There being no other candidates, the nominations were closed. The roll call was ordered and the vote was as follows: Those voting for Mr. Hand were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Atkinson Barber Barlow Bates Bennett Bentley Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Callaway Candler Chastain Clements Curry Dalton Daves Deal Dean MONDAY, JANUARY 1J, 1941 17 Drake Dunaway Dunn Dupree Dyal Easler Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Fowler Gavin Gillis Goolsby Gowen Gray Grayson Grice Griffin Guerry Hagan Harden Hardman Hardy Harris Harrison Hart Heard Hogg Howard Jackson Johnson of Chattahoochee Johnson of Pi.ke Joiner Jones of Dodge .:rones of Richmond Jones of Worth Kelley Kendrick Key of Jasper Lester Lewis Mankin Martin Maund McClure McCracken Mcintosh McEntire McNall Miller Mills Mims Moore of Lumpkin Moore of Taliaferro Musgrove Parker Pettit Pilcher Pinkston Pittman Rees Rich Richardson Roberts of Gwinnett Roberts of Walton Simmons Smith of Barrow Smith of Schley Suggs Swint Taft Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wright Yawn Those voting for Mr. Roughton were Messrs.: Aultman Drinkard Edwards Ennis, J. H. Ennis, Marion Gaston Gill Greene Hooks Kaigler Kennedy Lovett Mann Mixon Moate Rossee Rowland Sabados Shannon Sills Smiley Smith of Washington Thigpen Wren Those voting for Mr. Bruce were Messrs.: Arnall Blackshear Boone Bynum Caldwell Campbell Clary Connell Cowart Culpepper Dallis Davis Dorsey Elliott Foster of Towns 18 JOURNAL OF THE HOUSE, Fuller Goddard Graham Gross Hartness Herrin Hicks Holtzendorf Home Hunnicutt Inglis Ingram Jones of Brantley Kea of Laurens Livingston Looper Maddox Mavity Moss Pannell Pickett Price Reiser Those not voting were Messrs.: Rogers Russell Sheppard Smith of Carroll Smith of Hall Smitha Southwell Strickland Tappan Thompson Wohlwender Bruce Foster of Paulding Hand Hatchett Mason Maxwell Roughton Vickers Woods Mr. Speaker The roll call was verified. Upon consolidating the votes cast, it was found that Mr. Hand of Mitchell had received 122 votes, Mr. Bruce of Troup, 49 votes, and Mr. Roughton of \Vashington, 23 votes. Honorable Fred Hand of Mitchell, having received a majority of the votes cast, was declared elected Speaker Pro Tern. of the House for the ensuing term of two years. The Speaker appointed the following committee to escort the Speaker Pro Tern. to the Speaker's stand: Messrs. Lewis of Burke, Grayson of Chatham, Kendrick of Fulton, Brooks of Mitchell. The Speaker Pro Tern. was escorted to the Speaker's stand by the committee of escort, and addressed the House. The next order of business being the election of a Messenger of the House, Mr. Ferguson of Sumter placed in nomination the name of Honorable Woodrow Tucker of Habersham, whose nomination was seconded by Messrs. Inglis of Habersham and Whipple of Bleckley. There being no other candidates for Messenger the nominations were closed. The roll call was ordered and the vote was as follows: Those voting for Mr. Tucker were Messrs.: MONDAY, JANUARY 1J, 1941 19 Adams Aiken Allison Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clary Clements Connell Cowart Culpepper Curry Dallis Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Greene Grice Griffin Gross Guerry Hagan Hardman Hardy Harris Harrison Hart Hartness Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McCracken Mcintosh McNall Miller Mills Mims Mixon Moate Moore of Lumpkin Moss Musgrove Pannell Parker Pettit Pickett Pilcher Pinkston Pittmlnl Price Rees Reiser Richardson Roberts of Walton Rogers Rossee Rowland 20 JOURNAL OF THE HOUSE, Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of .Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Those not voting were Messrs.: Anderson Blackshear Dalton Fowler Grayson Hand Harden Hatchett Heard Maxwell McClure McEntire Moore of Taliaferro Rich Roberts of Gwinnett Roughton Smith of Carroll Vickers Wells of Telfair Mr: Speaker By unanimous consent, the verification of the roll was dispensed with. Upon consolidating the votes cast, it was found that Mr. Tucker had received I 86 votes, being the entire number of votes cast. Honorable Woodrow Tucker of Habersham, having received a majority of the votes cast, was declared elected Messenger of the House for the ensuing term of two years. The Speaker appointed the following committee to escort the Messenger to the Speaker's stand: Messrs. Ferguson of Sumter, Inglis of Habersham, Whipple of Bleckley. The Messenger was escorted to the Speaker's stand, and addressed the House. The next order of business being the election of a Doorkeeper of the House, Mr. Thompson of Meriwether placed in nomination the name of the Honorable Sid Williams of Meriwether, which nomination was seconded by Messrs. Etheridge of Fulton and Wells of Telfair. Mr. Kaigler of Quitman placed in nomination the name of Honorable M. D. Toms of Quitman, which nomination was seconded by Messrs. Candler of DeKalb and Allison of Gwinnett. MONDAY, JANUARY 13, 1941 21 There being no other candidates, the nominations were ordered closed. The roll call was ordered and the vote was as follows: Those voting for Mr. Toms were Messrs.: Aiken Allison Anglin Ansley Atkinson Aultman Barlow Bennett Bentley Blackshear Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Oglethorpe Bynum Callaway Campbell Candler Clary Clements Connell Cowart Culpepper Curry Dalton Daves Davis Deal Drake Drinkard Easler Edwards Elliott Ennis, Marion Ferguson of Camden Ferguson of Sumter Ford Forrester Fowler Fuller Gaston Gavin Gill Goddard Goolsby Graham Gray Grayson Greene Grice Mann Martin Mason Mavity McCracken Mcintosh McEntire McNall Miller Mills Mims Gross Guerry Hagan Hand Harden Moore of Lumpkin Moss Musgrove Pannell Parker Hardman Harris Harrison Hart Herrin Hicks Hogg Holtzendorf Pettit Pilcher Pittman Rees Reiser Roberts of Gwinnett Roberts of Walton Rogers Hooks Rossee Howard Rowland Ingram Sheppard Johnson of Chattahoochee Sills Johnson of Pike Simmons Jones of Brantley Smiley Jones of Dodge Smith of Barrow Jones of Richmond Smith of Carroll Jones of Worth Smith of Schley Kaigler Smitha Kea of Laurens Southwell Kelley Strickland Kendrick Suggs Kennedy Taft Key of Jasper Thigpen Lester Lewis Livingston Maddox Turner Vickers Walker Warnock 2.2 JOURNAL OF THE HOUSE, Weaver Wells of Burke Wells of Clayton Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Jackson Williams of Ware Woods Wren Wright Yawn Those voting for Mr. Williams were Messrs.: Adams Arnall Bates Brooks of Mitchell Bruce Caldwell Chastain Dallis Dorsey Dunaway Dunn Dupree Dyal Etheridge Foster of Paulding Foster of Towns Gillis Gowen Griffin Hartness Heard Horne Hunnicutt Inglis Jackson Joiner Looper Lovett Maund Mixon Moate Pickett Pinkston Price Rich Richardson Russell Swint Tappan Thompson Wells of Telfair Williams of Harris Witherington Wohlwender Those not voting were Messrs.: Anderson Barber Blease Dean Ennis, J. H. Hardy Hatchett Mankin Maxwell McClure Moore of Taliaferro Roughton Sabados Shannon Smith of Hall Smith of Washington Willoughby Mr. Speaker By unanimous consent, the verification of the roll call was dispensed with. Upon consolidating the votes cast, it was found that Mr. Toms had received 143 votes, and Mr. Williams 44 Honorable M. D. Toms of Quitman, having received a majority of the votes cast, was declared elected Doorkeeper of the House for the ensuing term of two years. The Speaker appointed the following committee to escort the Doorkeeper to the Speaker's stand: Messrs. Kaigler of Quitman, Candler of DeKalb, Allison of Gwinnett. The following resolutions of the Senate were read and adopted: MONDAY, JANUARY 13, 1941 23 By Senator Edenfield of the 4th District- Senate Resolution No. 2. A resolution providing for a joint committee of two from the Senate and three from the House, to be appointed by the President and Speaker, respectively, to notify His Excellency, the Governor, that the General Assembly has convened, organized and ready for the transaction of business. Under the provisions of the above resolution, the Speaker appointed as a committee on the part of the House the following members, tO-wit: Messrs. Lovett of Laurens, Walker of Grady, Bentley of Upson. By Senator Edenfield of the 4th District- Senate Resolution No. 3 A resolution providing that the Senate and House meet in joint session in the Hall of the House of Representatives at I0:3o A. M., January 14, I 941, for the purpose of canvassing and publishing the election returns. By Senator Edenfield of the 4th District- Senate Resolution No. 4 A resolution providing for the inauguration of the Governor of Georgia at I I :30 A. M. Tuesday, January I4, I941. By Senator Edenfield of the 4th District- Senate Resolution No.5 A resolution providing'for a joint committee of two from the Senate and three from the House, to be appointed by the President and Speaker, respectively, to arrange for the inauguration ceremonies of the Governor. Under the provision of the above resolution, the Speaker appointed as a committee on the part of the House, the following members of the House, to-wit: Messrs. Smith of Carroll, Wren of Glascock, and Mrs. Guerry of Macon. The House adopted the following Resolutions of the House, to-wit: By Messrs. Culpepper of Fayette, Evans of McDuffie and McClure of Catoosa- House Resolution No. 2. A resolution conveying the sympathy of the House to Hon. Jim Clarke in his illness, and wishing for him a speedy recovery. By Mr. Inglis of Habersham- House Resolution No. 3 A resolution conveying the sympathy of the House to the family of the Hon. Jim Grant, deceased. By Mr. Culpepper of Fayette- House Resolution No. 4 A resolution providing that the rules of the House JOURNAL OF THE HOUSE, for the I9Je and have instructed me as Chairman, to report the same back to the House with the following recommendations: House Resolution No. 9-2 A. Do pass. House Resolution No. 13-32 B. Do pass. Respectfully submitted, Sabados of Dougherty, Chairman. Mr. Dorsey of Cobb Cou'lty, Chairman of the Committee on Amendments to Constitution No. 2, submitted the fClllowing report: 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. 16-45 A. Do pass. House Resolution No. 33-137 B. Do pass. House Resolution No. I4-34 A. Do pass. House Resolution No. Io-2 B. Do pass. House Resolution No. 22-65 B. Do pass. Respectfully submitted, Dorsey of Cobb, Chairman. Mr. Chastain 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. 35 Do pass as amended. House Bill No. 36. Do pass. House Bill No. 43 Do pass. JOURNAL OF THE HOUSE, House Bill No. 69. Do pass. House Bill No. 72. Do pass. House Bill No. 74 Do pass. House Bill No. 76. D,1 pass. House Bill No. 77 Do pass. House Bill No. I I 2. Do pass. House Bill No. I31. Do pass. House Bill No. I32. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Dunaway 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. 33 Do pass. House Bill No. 34 Do pass. House Bill No. 40. Do pass. House Bill No. II5. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Dunaway 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. I04. Do pass. House Bill No. I27. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. FRIDAY, JANUARY 24, 1941 Mr. Blease of Brooks County, Vice-Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic have had under consideration the following bills of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendations: House Bill No. I. Do pass. House Bill No. 2. Do pass. House Bill No. 3 Do pass. House Bill No. 4 Do pass. House Bill No. 6. Do pass. House Bill No. 8. Do pass. House Bill No. 10. Do pass. House Bill No. I 1. Do pass. House Bill No. 12. Do pass. House Bili No. IJ. Do pass. House Bill No. 14. Do pass. House Bill No. I 5 Do pass. House Bill No. 16. Do pass. House Bill No. 17. Do pass. House Bill No. 18. Do pass. House Bill No. 5 House Bill No. 7 Do pass. Do pass. Respectfully submitted, Blease of Brooks, Vice-Chairman. By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time: By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Resolution No. g-2A. A resolution proposing an amendment to the Constitution of Georgia so as to change the term of Governor from two to four years. By Messrs. Grice, Weaver and Bloodworth of Bibb- House Resolution No. 13-32B. A resolution proposing an amendment to the II6 JOURNAL OF THE HOUSE, Constitution of Georgia so as to allow the City of Macon to exempt new buildings, machinery, etc., from city ad valorem taxes; and for other purposes. By Messrs. Grice of Bibb and Elliott of Muscogee- House Resolution No. 16-45A. A resolution proposing an amendment to the Constitution of Georgia so as to provide advertising and promotion of the assets of the S.tate; and for other purposes. By Messrs. Joiner of Cook and Connell of Lowndes- House Resolution No. 33-137B. A resolution proposing an amendment to the Constitution of Georgia so as to authorize the Sparks-Adel school district of Cook County to incur further bonded indebtedness; and for other purposes. By Messrs. Grice, Weaver and Bloodworth of Bibb- House Resolution No. 14-34A. A resolution amending the Constitution of Georgia so as to authorize the City of Macon to levy a less varying property tax on future territory acquired than is applicable to its present territory; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Resolution No. 10.2B. A resolution amending the Constitution of Georgia so as to increase the term of office of the State School Superintendent from two to four years; and for other purposes. By Mr. Reiser of Effingham- House Resolution No. 22-65B. A resolution amending the Constitution of Georgia so as to permit Effingham County to have additional bonded indebtedness; and for other purposes. By Messrs. Grice, Weaver and Bloodworth of Bibb- House Bill No. 35 A bill to be entitled an Act to consolidate the office of Tax Collector and Tax Receiver of Bibb County; to create the office of Tax Commissioner; and for other purposes. By Messrs. Grice, Weaver and Bloodworth of Bibb- House Bill No. 36. A bill to be entitled an Act to amend an Act creating the City Court of Macon, Bibb County, so as to provide that the Solicitor of said court may employ a stenographer; and for other purposes. By Mr. Mcintosh of Mcintosh- House Bill No. 43 A bill to be entitled an Act to repeal an Act approved August 15, 1929 (Ga. Laws 1929, pages 667-673) relating to Live Stock Dealers in Mcintosh County; and for other purposes. By Mr. Bowen of Pierce- House Bill No. 69. A bill to be entitled an Act to amend an Act creating the FRIDAY, JANUARY 24, I94I Board of Commissioners of Roads and Revenues for the County of Pierce approved March 25, I937, and to provide for a clerk of said board and to fix compensation of said clerk; and for other purposes. By Mr. Johnson of Chattahoochee- House Bill No. 72. A bill to be entitled an Act to reduce the bond of the Sheriff of Chattahoochee County from '$6,ooo.oo to '$2,ooo.oo; and for other purposes. By Messrs. Grice, Bloodworth and Weaver of Bibb- House Bill No. 74 A bill to be entitled an Act to amend an Act approved August I4, I884, and acts amendatory thereof by providing for regular bi-monthly terms of City Court of Macon; and for other purposes. By Mr. Jackson of Henry- House Bill No. 76. A bill to be entitled an Act to abolish the County Court of Henry County; to provide for the transfer of all suits, etc., and other papers therein pending; and for other purposes. By Mr. Jackson ofHenry..,- House Bill No. 77 A bill to be entitled an Act to establish the City Court of Henry County; and for other purposes. By Mr. Inglis of Habersham- House Bill No. I I 2. A bill to be entitled an Act to create and establish the City Court of Habersham County; and for other purposes. By Mr. Hogg of Marion- House Bill No. I3I. A bill to be entitled an Act repealing the Act creating the Board of Commissioners of Roads and Revenue of Marion County; and for other purposes. By Mr. Hogg of MarionHouse Bill No. I32. A bill to be entitled an Act creating the office of Com- missioner of Roads and Revenue of the County of Marion; and for other purposes. By Messrs. Grice, Weaver and Bloodworth of BibbHouse Bill No. 33 A bill to be entitled an Act repealing and re-enacting Section 27 of the Macon City Charter, so as to fix the Mayor's salary at '$s,ooo.oo per annum and provide his term of office at two years; and for other purposes. By Messrs. Grice, Weaver and Bloodworth of BibbHouse Bill No. 34 A bill to be entitled an Act changing Section 36 of the Char- ter of Macon so as to provide additional city officers, viz: A City Recorder, etc., and for other purposes. By Mr. Clements of Calhoun- House Bill No. 40. A bill to be entitled an Act amending the City Charter of II8 JOURNAL OF THE HOUSE, Arlington so as to provide that the mayor and council may levy a license tax not to exceed five hundred dollars for any person, firm or corporation in the city; and for other purposes. By Mr. Smiley of Liberty- us. House Bill No. A bill to be entitled an Act to incorporate the City of Flemington; and for other purposes. By Messrs. Park and Roberts of Walton- House Bill No. 104. A bill to be entitled an Act to amend the City Charter of Monroe by providing that the City Recorder shall be elected by the Mayor and Council; and prescribing his salary and duties; and for other purposes. By Mr. Gowen of Glynn- House Bill No. 127. A bill to be entitled an Act amending the Charter of the City of Brunswick so as to authorize and empower the city commission to close certain streets and alleys. By Messrs. Evans of M<;.Duffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette and Elliott ofMuscogee- House Bill No. 1. A bill to be entitled an Act to fix the powers of the Governor in administering appropriations; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott ofMuscogee- House Bill No. 2. A bill to be entitled an Act to amend the Act creating a Department of Public Safety for Georgia, by providing for a family drivers license; and fur other purposes. ,. By Messrs. Evans uf McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House .Bill No. 3 A bill to be entitled an Act to create the State Highway Board of Georgia; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 4 A bill to be entitled an Act to repeal an Act creating the office of Supervisor of Purchases within the Executive Department; to re-establish the said office; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 5 A bill to be entitled an Act to provide for the suspension of the State Treasurer and Comptroller General, for the appointment of a suitable person to discharge the duties of the office of either; and for other purposes. FRIDAY, JANUARY 24, 1941 By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 6. A bill to be entitled an Act to repeal an .'\ct establishing a State Licensing Board for contractors, defining and regulating their practices; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 7 A bill to be entitled an Act to amend Section 92-1407 of the Code of Georgia as amended by the Act approved March 18, I9J7, known as the Motor Fuel Tax Act, by striking the provision for an allowance of one per cent to distributors to cover losses and expenses incurred in collecting the Motor Fuel Tax; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 8. A bill to be entitled an Act to regulate the granting of paroles and conditional pardons to persons convicted of violations of penal laws for the discharge of prisoners from the penal institutions of the State; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks and Culpepper of Fayette- House Bill No. 10. A bill w be entitled an Act to repeal an :\ct approved March 30, 1937, establishing the Georgia Radio Commission; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. I r. A bill to be entitled an Act creating a State Housing Authority Board; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. I 2. A bill to be entitled an Act creating the State Hospital Authority; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. IJ. A bill to be entitled an Act to amend the Code providing for the payment of members of the Public Service Commission; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 14 A bill to be entitled an Act to fix the salary of the Secretary of State; and for other purposes. 1'20 JOURNAL OF THE HOUSE, By Messrs. Evans of McDuffie; Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 15. A bill to be entitled an Act to fix the salary of the State Treasurer; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 16. A bill to be entitled an Act to fix the salary of the Comptroller General; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 17. A bill to be entitled an Act to fix the compensation of the State Superintendent of Schools as executive Secretary of the State Board of Education; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 18. A bill to be entitled an Act to repeal an Act approved February 1z, 1938, entitled "An Act to provide for the confirmation by the Senate of Appointees of the Governor for Public Offices"; and for other purposes. Mr. Culpepper of Fayette asked unanimous consent that when the House adjourn today, it stand adjourned until Monday morning at Io:oo o'clock, and therequest was granted. By unanimous consent, the following bill of the House was withdrawn from the Committee on General Judiciary No. 1, and recommitted to the Committee on Counties and County Matters: By Messrs. Weaver, Bloodworth and Grice of Bibb- House Bill No. 108. A bill to be entitled an Act to amend an Act of the General Assembly of Georgia approved August 21, 1905, so as to change the terms of the Superior Court of Bibb County, Georgia, and to provide for the holding of six terms of the Superior Court in each year; and for other purposes. Mr. Culpepper of Fayette moved that the House do now adjourn, and the motion prevailed. Leave of absence was granted Mr. Jones of Richmond. The Speaker announced the House adjourned until Monday morning at Io:oo o'clock A. M. MONDAY, JANUARY 27, 1941 121 Representative Hall, Atlanta, Georgia, Monday, January 27, 1941. The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened withprayer by the Chaplain. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund 122 JOUR\'AL OF THE HOUSE, Mavity Maxwell McClure McCracken McEntire Mcintosh McNall Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Pickett Pilcher Pinkston Pittman Price Rees Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, 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. Bv unanimous consent, the following was established as the order of business during. the first part of the period of unanimous consents: I. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committee. 3 Second reading of bills and resolutions, favorably reported. 4 Third reading and passage of local uncontested House Bills. 5 First reading and reference of Senate Bills. By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees: By Mr. Pickett of PickensHouse Bill No. 152. A bill to be entitled an Act to amend Section IIJ-JOI of MONDAY, JANUARY 27, I94I 12J the Code of Georgia of I9J3 by changing the requirements as to the number of attesting and subscribing witnesses of a will from three to two, and for other purposes. Referred to the Committee on Special Judiciary. By Messrs. Simmons and Mills of Decatur- House Bill No. I 53 A bill to be entitled an Act to amend the Charter of the Town of Attapulgus, and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Simmons and Mills of Decatur- House Bill No. I 54 A bill to be entitled an Act to repeal an Act to incorporate the Town of Diffee, and for other purposes. Referred to the Committee on Municipal Government. By Mr. Sills of Candler- House Bill No. I 55 A bill to be entitled an Act to provide for the sale and dis- tribution of hunting and fishing licenses by the ordinaries of the various counties of this State, and for other purposes. Referred to the Committee on Game and Fish. By Mr. Sills of Candler- House Bill No. 156. A bill to be entitled an Act to amend Chapter J2-I of the Code of Georgia of I933, relating to the powers and duties of the Regents of the University System of Georgia, and for other purposes. Referred to the Committee on University System of Georgia. By Mr. Lovett of Laurens- House Bill No. I 57 A bill to be entitled an Act providing for the auditing of claims against the Highway Department, and approval of such claims for payment by the Highway Chairman, Governor and State Auditor, and for other purposes. Referred to the Committee on State of Republic. By Messrs. Weaver and Bloodworth of Bibb; Ansley of Lee; Bynum of Rabun and Key of Jasper. House Bill No. I 58. A bill to be entitled an Act to amend Section 84-722 of the Code of Georgia of I933 by providing for charges to be made by regularly chartered Dental Colleges or Dental Departments of reputable colleges and universities for work performed in the clinics of such colleges; limiting the charges in such clinics to certain costs necessary and incidental to the treatment furnished by said clinics, and for other purposes. Referred to the Committee on Hygiene and Sanitation. JOURNAL OF THE HOUSE, By Mr. Bradbury of Oconee- House Bill No. 159 A bill to be entitled an Act legalize semmg m certain counties in this State, and for other purposes. Referred to the Committee on Conservation. By Messrs. Candler and Turner of DeKalb- House Bill No. 160. A bill to be entitled an Act to amend an Act creating and establishing a new charter and Municipal Government for the City of Decatur, so as to enlarge the City limits; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Welsch of Cobb- House Bill No; 161. A bill to be entitled an Act to repeal Section 27-2512 of the Code of Georgia pertaining to the changing of punishment of death from electrocution to the administration of lethal gas; and for other purposes. Referred to the Committee of Special Judiciary. By Mr. Mcintosh of Mcintosh- House Bill No. 162. A bill to be entitled an Act to amend an Act approved August 20, 1927, (Georgia Laws 1927, pp. 626-627) to permit the taking of catfish from the waters of Mcintosh County, to provide for penalty for violation; and for other purposes. Referred to the Committee on Game and Fish. By Messrs. Kelley and Mavity of Walker- House Bill No. 163. A bill to be entitled an Act to amend an Act creating "the Board of Roads and Revenue of Walker County so as to empower the commissioners to hire a clerk; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Grice of Bibb- House Bill No. 164. A bill to be entitled an Act to amend Section I 14-709 of the Code of Georgia of 1933 as amended by Acts of the Legislature of 1937, pp. 534535, providing for review of award or settlement on motion of Directors or because of change in condition and award; and for other purposes. Referred to the Committee on Industrial Relations. By Messrs. Bloodworth, Grice and Weaver of Bibb; Messrs. Turner, Candler and Dunaway of DeKalb- House Bill No. 165. A bill to be entitled an Act to appropriate to the State Department of Public Welfare certain sums for the support, maintenance and equipment of the Negro Division of the Georgia Training School for Girls; and for other purposes. MONDAY, JANUARY 27, 1941 125 Referred to the Committee on Appropriations. By Messrs. Grice, Weaver and Bloodworth of Bibb- House Bill No. 166. A bill to be entitled an Act to amend the Act approved March 18, 1937, published in Georgia Laws 1937, pp. 167-207 known as the Motor Fuel Tax Law providing that any person, firm or corporation who shall purchase gasoline for agricultural purposes, shall be entitled to a refund of the tax thereon with the exceptions stated; and for other purposes. Referred to the Committee on VVays and Means. By Messrs. Roughton and Smith of Washington- House Bill No. 167. A bill to be entitled an Act to appropriate the sum of $5,000.00 as compensation to Mrs. \V. E. McDaniel; and for other purposes. Referred to the Committee on Special Appropriations. By Messrs. Roughton and Smith of Washington- House Bill No. 168. A bill to be entitled an Act to amend, consolidate, and supersede the several acts incorporating the City of Sandersville; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton- House Bill No. 169. A bill to be entitled an Act to create a purchasing department in Fulton County, and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton- House Bill No. 170. A bill to be entitled an Act to amend the County Board of Health Act so as to provide that a member of the Board of County Commissioners other than the Chairman may sit upon same; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton- House Bill No. 171. A bill to be entitled an Act to amend the Fulton Planning Commission so as to provide that a member of the Board of County Commissioners other than the Chairman may sit upon same; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs..Kendrick and Etheridge and Mrs. Mankin of Fulton- House Bill No. 172. A bill to he entitled an Act to amend the County budget' for Fulton County to provide for additional publicity and various other technical changes; and for other purposes. Referred to the Commirtee on Counties and County Matters. 126 JOURNAL OF THE HOUSE, By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton- House Bill No. 173. A bill to be entitled an Act to amend the budget law for Fulton County so as to define the method for determining anticipated expenditures in any futur.: budget; and for other purposes. Referred to the Committee on Counties and County"Matters. By Mr. Looper of Dawson- House Bill No. 174. A bill to be entitled an Act to provide for the prevention and spread of contagious and communicable pulmonary and venera! diseases by requiring medical certificates before marriage licenses are issued; to provide penalties for violation; and for other purposes. Referred to the Committee on Hygiene and Sanitation. Mr. Sabados of Dougherty County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report: Mr. Speaker: Your Committee on Amendments to Constitution No. 1 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. I'lO. Do pass. Respectfully submitted, Sabados of Dougherty, Chairman. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has read and adopted the following resolution of the Senate, to-wit: By Senator Edenfield of the 4th District- Senate Resolution No. 15 A resolution providing for joint session of the Housll: and Senate at 11 :JO A. M. Monday January 27th, for the purpose of hearing a message from His Excellency, the Governor; and providing that a joint committee of two from the Senate and three from the House be appointed by the President and Speaker, respectively, to escort His Excellency, the Governor, to the hall of the House of Representatives for the joint session. The President has appointed as a committee of the Senate to act under joint Senate Resolution No. 15, the following: Senators Edenfield of the 4th District, Lanier of the 18th District. The following message was received from the Senate through Mr. Camp, the Secretary thereof: MONDAY, JANUARY 27, 194I 127 Mr. Speaker: The Senate has passed by the requisioe constitution~.! majority the following bills of the Senate to-wit: By Senators Redwine of the 26th, Whaley of the 45th Districts, and others- Senate Bill ~o. I. A bill creating a Department of Public Safety for Georgia by providing for family drivers licenses and prescribing the fees to be paid therefor; and for other purposes. By Senators Redwine of the 26th, Whaley of the 45th Districts, and others- Senate Bill No. 2. A bill to create the State Highway Board of Georgia; to repeal the Act approved March J, I9J7, creating a State Highway Board, and to terminate the terms of office of the members appointed thereunder; and for other purposes. By Senators Redwine of the 26th, Whaley of the 45th Districts, and others- Senate Bill No. 4 A bill to repeal an Act approved March JO, I9J7, establishing a State Licensing Board for cont;ractors; and for other purposes. By Senators Redwine of the 26th, Whaley of the 45th Districts, and others- Senate Bill No. 5 A bill to amend an Act known as the Motor Fuel Tax Act by striking from sub-paragraph (C) of said section, the provision for an allowance of one per cent to distributors; and for other purposes. By Senator Fortson of the 5oth District- Senate Bill No. 24. A bill proposing an amendment to the Constitution of Georgia, all'thorizing the City of Washington to issue refunding bonds; and for other purposes. By unanimous consent, the following bill of the House, favorably reported, was read the second time: By Mr. Daves of Dooly- House Bill No. 120. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the City of Unadilla to incur additional bonded indebtedness; and for other purposes. By unanimous consent, the following bill of the House was recommitted to the Committee on State of Republic: By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette and Elliott of Muscogee- House Bill No. 7 A bill to be entitled an Act to amend the "Motor Fuel Tax Act" approved March I 8, I9J7, by striking the provision for an allowance of one per cent to distributors to cover losses and expenses incurred in collecting the Motor Fuel Tax; and for other purposes. 1'28 JOURNAL OF THE HOUSE, By unanimous consent, the following bills of the House were read the third time, and placed upon their passage: By Messrs. Grice, Bloodworth and Weaver of Bibb- House Bill No. 33 A bill to be entitled an Act repealing and re-enacting Sec- tion 27 of the Macon City Charter, so as to fix the Mayor's salary at f,s,so,ooo.oo) Dollars for such purpose, which sum was paid over to the Savannah Port Authority and which sum remains intact in the possession of said Savannah Port Authority; and, WHEREAS, the Mayor and Aldermen of the City of Savannah feel a strong moral obligation to keep faith with National Gypsum Company, which Company came to Savannah on the promise that Fifty Thousand ($5o,ooo.oo) Dollars of the cost of its wharf be paid by the Mayor and Aldermen of the City of Savannah. SECTION 1 NOW, THEREFORE, BE IT ENACTED by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that Paragraph One, Section Six, Article Seven of the Constitution of the State of Georgia, incorporated in the Code of 1933 as Section 2-5401, be and the same is hereby amended by adding to said Section a new paragraph to be known as Paragraph one-a (I-a), to read as follows, ta-wit: "And except that the Mayor and Aldermen of the City of S-avannah are authorized and directed to secure the return from the Savannah Port Authority of the sum of Fifty Thousand ($5o,ooo.oo) Dollars which was appropriated in December, 1938, and to pay said Fifty Thousand (f>so,ooo.oo) Dollars to National Gypsum Company for the purpose of reimbursing National Gypsum Company for a portion of the cost of the wharf which said National Gypsum Company has constructed on the Savannah River and which payment was originally assumed by the Mayor and Aldermen of the City of Savannah as an inducement to bring the manufacturing plant of National Gypsum Company to Savannah, Georgia." MONDAY, FEBRUARY J, I94I SECTION 2 BE IT FURTHER ENACTED by the authority aforesaid that, when said amendment shall be agreed to by a twO-thirds (2/J) vote of the members elected to each of the two (2) Houses of the General Assembly of the State of Georgia, said amendment shall be entered on their journals with the "Ayes" and "Nays" thereon and shall be published in one (I) or more newspapers in each Congressional District in the State of Georgia for two (2) months previous to the time of holding the next general election, and said amendment shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution, shall have written or printed on their ballots, the words: "FOR ratification of amendment of paragraph I, Section 6, Article 7 of the Constitution, authorizing the Mayor and Aldermen of the City of Savannah to appropriate and pay the sum of $5o,ooo.oo to the National Gypsum Company as a part of the cost of constructing a wharf on the Savannah River." And all persons opposing the adoption of said amendment shall have written or printed, on their ballots, the words: "AGAINST ratification of amendment to paragraph I, Section 6, Article 7 of the Constitution, authorizing the Mayor and Aldermen of the City of Savannah to appropriate and pay the sum of $5o,ooo.oo to the N ationa) Gypsum Company as a part of the cost of constructing a wharf on the Savannah River." 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, and election of members of the General Assembly, the amendment and its provisions shall become a part of Paragraph One, Section Six, Article Seven 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called, and the vote was as follows: Those voting in the affirmative were Messrs.: Adwms Aiken Allison Anglin Arnall Atkinson Aultman Barber Bares Bentley Blackshear Blease Bowen Boone Branch Bridges Brinson Brooks of Mitchell Bruce Bynum Caldwell Callaway Candler Chastain 222 JOUR:lS"AL OF THE HOUSE, Clements Connell Cowart Culpepper Curry Dallis Daves Deal Dean Dorsey Drake Drinkard Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gavin Gillis Goolsby Gowen Graham Gray Grayson Grice Gross Guerry Hand Harden Hardman Hart Pinkston Hartness Pittman Hatchett Price Herrin Richardson Hicks Roberts of Gwinnett Horne Rogers Hunnicutt Roughton Inglis Sabados Ingram Shannon Jackson Sheppard Johnson of Chattahoochee Sills Johnson of Pike Simmons Joiner Smith of Barrow Jones of Richmond Smith of Carroll Kaigler Smith of Hall Kea of Laurens Smith of Washington Kelley Smitha Kendrick Southwell Key of Jasper Strickland Livingston Suggs Mankin Swint Mann Taft Mason Tappan Maund Thompson Mavity Vickers Maxwell Walker McClure Warnock McCracken Weaver Mcintosh Wells of Burke McEntire Wells of Clayton McNall Welsch Mills Wetherbee Mims Wilbanks Mixon Williams of Harris Moate Williams of Jackson Moore of Lumpkin Williams of Ware Moore of Taliaferro Witherington Pettit Wohlwender Pickett Wren Pilcher Wright Those not voting were Messrs.: Anderson Ansley Barlow Bennett Bloodworth Bradbury Brooks of Oglethorpe Campbell Clary Dalton Davis Dunaway Dunn Ferguson of Camden Fuller Gill Goddard Greene MONDAY, FEBRUARY 3, 1941 223 Griffin Hagan Hardy Harris Harrison Heard Hogg Holtzendorf Hooks Howard Jones of Brantley Jones of Dodge Jones of Worth Kennedy Lester Lewis Looper Lovett Maddox Martin Miller Moss Musgrove Pannell Parker Rees Reiser Rich Roberts of Walton Rossee Rowland Russell Smiley Smith of Schley Thigpen Turner Wells of Telfair Whipple Williams of Bacon Willoughby Woods Yawn On the passage of the bill, the ayes were 144, the nays o. The bill having received the requisite two-thirds constitutional majority was passed. A communication and a petition from Mr. George H. Richter, Savannah, Georgia, was read and tabled. The following resolution was read and adopted: By Mr. Gross of Stephens- House Resolution No. 51. A resolution inviting Mr. R. G. LeTourneau to address the House, Monday, February 1oth, at eleven o'clock. Under the regular order of business, the following bills and resolutions of the Senate were taken up for consideration, and read the third time: By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Milhollin of the 46th District- Senate Bill No. 8. A bill to be entitled an Act to repeal an Act establishing the Georgia Radio Commission; and for other purposes. The following amendment to Senate Bill No. 8 was read and adopted: Mr. Weaver of Bibb moves to amend Senate Bill No. 8 by striking the words "The Board of Regents of the University System of Georgia" wherever they appear in said bill and inserting in lieu thereof the words: "The Regents of the University System of Georgia" Mr. Sabados of Dougherty moved the previous question, and the call was susstained. The main question was ordered. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. JOURNAL OF THE HOUSE, On the passage of the bill, as amended, the ayes were 143, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Milhollin of the 46th District- Senate Bill No.9 A bill to be entitled an Act to create a State Housing authority; and for other purposes. Mr. \Vohlwender of Muscogee moved the previous question, and the call was sustained. 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 I 28, the nays o. The bill having received the requisite constitutional majority was passed. By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Milhollin of the 46th District- Senate Bill No. 10. A bill to be entitled an-Act to create the State Hospital Authority; to provide for transferring to the State Hospital Authority so created all of the powers vested in and imposed upon the State Hospital Authority; and for other purposes. Mr. Wohlender of Muscogee moved the previous question, and the call was sustained. 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 142, the nays o. The bill having received the requisite constitutional majority was passed. By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Mi-lhollin of the 46th District- Senate Resolution No. 10. A RESOLUTION Proposing to the people of Georgia for ratification or rejection as amendment to Article 8, Section 2, Paragraph 1, of the Constitution of Georgia, fixing the term of office of the State School Superintendent. MONDAY, FEBRUARY 3, I94I BE IT RESOLVED by the General Assembly of Georgia: Section I. That the General Assembly of Georgia proposes to the people of Georgia that Article 8, Section 2, of the Constitution of Georgia be amended by striking Paragraph I of said Article and Section in its entirety and inserting in lieu thereof a new paragraph to be Paragraph I, which shall read as follows: "Paragraph I. There shall be a State School Superintendent elected by the people at the same time, for the same term, and in the same manner as the Governor, who shall hold his office until his successor is elected and qualified. His office shall be at the seat of government and he shall be paid a salary not to exceed two thousand dollars per annum. The General Assembly may substitute for the State School Superintendent such officer, or officers, as may be deemed necessary to perfect the system of public education." Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the yeas and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1 939 Mr. Elliott of Muscogee moved the previous question, and the call was sustained. The main question was ordered. An amendment by Mr. Whipple of Bleckley was read and lost. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll was called, and the vote was as follows: , Those voting in the affirmative were Messrs.: Adams Aiken Allison Arnall Atkinson Aultman Barber Barlow Bates Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden JOURNAL OF THE HOUSE, Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gavin Gillis Goolsby Gowen Graham Gray Grayson Grice Gross GuerrY Hagan Hand Harden Hardman Hardy Harris Hart Hartness Hatchett Hicks Holtzendorf Hooks Horne Hunnicutt Inglis Ingram Jackson Johnson of Pike Joiner Jones of Richmond Kaigler Kea of Laurens Kelley Kendrick Key of Jasper Lewis Looper Lovett Maddox Mann Mason Maund Mavity Maxwell McClure McCracken Mcintosh McEntire McNall Mills Mims Mixon Moate Moore of Lumpkin Moore oi Taliaferro Moss Musgrove Parker Pettit Pickett Pilcher Pinkston Pittman Price Richardson Robert~ of Gwinnett Rogers Roughton Russell Those not voting were Messrs.: Anderson Anglin Ansley Bennett Bynum Clary Drake Fuller Gill Goddard Greene Griffin Harrison Heard Herrin Hogg Sabados Shannon Sheppard Sills Simmons Smith of Barrow Smith of Carroll Smith of Hall Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Wocds Wren Yawn Howard Johnson of Chattahoochee Jones of Brantley Jones of Dodge Jones of Worth Kennedy Lester Livingston 1\IONDAY, FEBRUARY 3, 1941 227 Mankin Martin Miller Pannell Rees Reiser Rich Roberts of Walton Rossee Rowland Smiley Smith of Schley Turner Williams of Bacon Wright On the adoption of the resolution, the ayes were 165, the nays o. The resolution having received the requisite two-thirds constitutional majority was passed. By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Milhollin of the 46th District- Senate Bill No. 12. A bill to be entitled an Act to fix the salary of the Secretary of State; and for other purposes. Mr. Wohlwender of Muscogee moved the previous question, and the call was sustained. 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 I 13, the nays 14. The bill having received the requisite constitutional majority was passed. By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Milhollin of the 46th District- Senate Bill No. 13. A bill to be entitled an Act to fix the salary of the State Treasurer; and for other purposes. Mr. Wohlwender of Muscogee moved the previous question, and the call ~as sustained. 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 141, the nays IO. The bill having received the requisite constitutional majority was passed. By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Milhollin of the 46th District- Senate Bill No. 14. A bill to be entitled an Act to fix the salary of the Comptroller General; and for other purposes. 228 JOURNAL OF THE HOUSE, Mr. Wohlwender of Muscogee moved the previous question, and the call was sustained. The main question was ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 129, the nays o. The bill having received the requisite constitutional majority was passed. By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, and Edwards of the 6th District- Senate Bill No. I 5 A bill to be entitled an Act to fix the compensation of the State Superintendent of Schools as executive secretary of the State Board of Education and the administrative officer of the State Department of Education; and for other purposes. Mr. Wohlwender of Muscogee. moved the previous question, and the call was sustained. 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 I 27, the nays 6. The bill having received the requisite constitutional majority was passed. By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Edwards of the 6th District, Campbell of the 34th District, and Milhollin of the 46th District- Senate Bill No. I6. A bill to be entitled an Act to repeal an Act to provide for the confirmation by the Senate of appointees of the Governor for public office; and for other purposes. Mr. \Vohlwender of Muscogee moved the previous question, and the call was sustained. 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 I45, the nays o. The bill having received the requisite constitutional majority was passed. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills MONDAY, FEBRUARY J, 1941 and resolution of the Senate and House, tO-wit: By Senator Whaley of the 45th District- Senate Resolution No. 16. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VII, Section II, Paragraph IIA of the Constitution of Georgia, to exempt certain new industries from the payment of county ad valorem taxes in Telfair County, etc.; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. 20. A bill to abolish the offices of Tax Receiver and of Tax Collector of Fulton County, Georgia; and for other purposes. By Senator Couch of the pnd District- Senate Bill No. 29. A bill to amend the Act creating a County Planning Commission for Fulton County; and for other p1,1rposes. By Senator Couch of the 52nd District- Senate Bill No. JO. A bill to transfer to the County Tax Collector, duties now imposed upon County Registrars in counties having a population of 2oo,ooo or more; and for other purposes. By Senator Hill of the 36th District- Senate Bill No. 37 A bill to repeal an Act entitled "Meriwether Superior CourtTwo Terms" approved March 24, 1939, to provide for holding four terms in each year of the Superior Court of Meriwether County; and for other purposes. By Senator Hill of the 36th District- Senate Bill No. J8. A bill to repeal an Act establishing the City Court of GreS!nville approved March 24, 1939; and for other purposes. By Senators Kiker of the 41st District and Cannon of the 40th District- Senate Bill No. 40. A bill to_ increase the mileage of the State-aid Road System by adding thereto a highway beginning at McCaysville, Georgia, on State Highway Route No.5 in Fannin County, Georgia; and for other purposes. By Senator Coker of the 39th District- Senate Bill No. 41. A bill to amend the Act creating a new charter for the Town _of Canton (Ga. Laws 1922, pp. 604-627), by changing the name and official designation of said municipality from "Town of Canton" to "City of Canton;" to repeal conflictiQ.g laws; and for other purposes. By Senator Kirkland of the 49th District- Senate Bill No. 47 A bill 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 Claxton School District of Evans County to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes. 2JO JOURNAL OF THE HOUSE, By Mr. Bowen of Pierce- House Bill No. 6g. A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Pierce; and for other purposes. By Mr. Johnson of Chattahoochee- House Bill No. 72. A bill to be entitled an Act to reduce the bond of the Sheriff of Chattahoochee County, Georgia; and for other purposes. Mr. Elliott of Muscogee moved the House do now adjourn, and the motion pre. vailed. Leaves of absence were granted Messrs. Bynum of Rabun, Rowland of Johnson and Heard of Elbert. The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock. TUESDAY, FEBRUARY 4, 1941 2J1 Representative Hall, Atlanta, Georgia, Tuesday, February 4, 1941. 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 Mr. Roughton of Washington. Mr. Culpepper of Fayette asked unanimous consent that the call of the roll be dispensed with, and objection was heard. Mr. Culpepper of Fayette moved that the call of the roll be dispensed with. On the motion to dispense with the call of the roll, Mr. Jones of Brantley moved the ayes and nays, and the motion was lost. On the motion to dispense with the call of the roll, the ayes were 141, the nays 7 The call of the roll was dispensed with. Mr. Jones of Brantley requested that he be recorded in the Journal as being present. Mr. Gray of Houston, 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: r. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House Bills. 5 Third reading and passage of House Bills Nos. 172-173 affecting Fulton County. 6. First reading and reference of Senate Bills. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House, to-wit: By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. r. A bill to fix the powers of the Governor in administering 2J2 JOURNAL OF THE HOUSE, appropriation acts; to provide for. the ascertainment of surplus in appropriations and allocations above quarterly approved budgets; to make provisions for the disposition thereof; to appropriate such surpluses; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the reqms1te constitutonal majority the following bills of the Senate and House, to-wit: By Senators Redwine of the 26th, and Whaley of the 45th Districts, and others- Senate Bill No. 6. A bill to amend the Act approved February Jrd, 1938, changing the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission and acts amendatory thereof; and for other purposes. By Senators Redwine of the 26th, and Whaley of the 45th Districts, and others- Senate Bill No. 7 A bill to create the office of State Superintendent of Prison Farms and define its duties; and for other purposes. By Senator Sumner of the Ioth District- Senate Bill No. 21. A bill to require registration of guests under their true names at tourist camps, or like places by whatever name called; to provide for penalties for violation thereof; and for other purposes. By Senator Almand of the 27th District- Senate Bill No. 23. A bill to provide that any person who shall desecrate the burial place of any human body, with intent to rob, steal, mutilate or maliciously molest the remains of the human body interred therein; shall be punished by death; and for other purposes. By Senator Park of the 19th District- Senate Bill No. 26. A bill to require the Highway Commission of Georgia to give to the counties of Georgia the right to file bids and improve the public roads in the State; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. JI. A bill to amend Section 92-3715 of the Code of 1933 relative to County Taxation and Pauper Tax, so as to provide that said tax will not exceed one and one-fourth mills except by two-thirds vote of two successive Grand Juries; and for other purposes. By Messrs. Bloodworth, Weaver, and Grice of Bibb- House Bill No. 33 A bill to be entitled an Act to amend the Charter of the City of Macon; and for other purposes. By Messrs. Bloodworth, Weaver, and Grice of Bibb- TUESDAY, FEBRUARY 4, 1941 233 House Bill No. 34 A bill to be entitled an Act to amend the Charter of the City of Macon; and for other purposes. By Mr. Clements of Calhoun- House Bill No. 40. A bill to be entitled an Act to provide a new Charter for the City of Arlington; and for other purposes. By Messrs. Parker and Roberts of Walton- House Bill No. 104. A bill to amend the Charter of the City of Monroe by providing that the City Recorder shall be elected by the Mayor and Council; and for other purposes. By Mr. Gowen of Glynn- House Bill No. 127. A bill to amend the Charter of the City of Brunswick so as to authorize and empower the City Commission to close certain streets and alleys; and for other purposes. By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the Committees: By Mr. Turner of DeKalb- House Bill No. 282. A bill to be entitled an Act to amend an Acr approved August 13, 1924 so as to make the operation of trackless trolleys subject to the same municipal ordinances, rules and regulations, and subject to the same taxes and the basis of allocation thereof between counties, etc., and for other purposes. Referred to the Committee on General Judiciary No. 1. By Mr. Dean of Rockdale- House Bill No. 283. A bill to be ~ntitled an Act to repeal an Act entitled "An Act to provide for a Board of Commissioners of Roads and Revenues for the County of Rockdale"; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Dean of Rockdale- House Bill No. 284. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Rockdale; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Hagan of Screven- House Bill No. 285. A bill to be entitled an Act to amend Section 45-502 of the Georgia Code of 1933 making it a misdemeanor to sell or purchase fresh water fish during the spawning season; and for other purposes. Referred to the Committee on Game and Fish. 2J4 JOURNAL OF THE HOUSE, By Mr. Mixon of Irwin- House Bill No. 286. A bill to be entitled an Act to amend an Act by fixing a maximum charge by leaf tobacco warehouses of this State for selling and handling of leaf tobaccos; and for other purposes. Referred to the Committee on General Agriculture No. 2. By Mr. Rowland of Johnson- House Bill No. 287. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7 of the Constitution of Georgia so as to authorize the Adrain Consolidated School District to incur a bonded indebtedness; and for other purposes. Referred to Committee on Amendments to Constitution No. 1. By Messrs. Culpepper of Fayette; Pannell of Murray; Allison of Gwinnett; Hatchett of Meriwether; Whipple of Bleckley- House Bill No. 288. A bill to be entitled an Act to amend Section 4 of an Act approved February 10, 1937, creating the State Board of Education; and for other purposes. Referred to the Committee on Education No. 1. BJ: Mr. Evans of McDuffie- Hause Bill J\'o. 289. A bill to be entitled an Act to confer upon and vest in the Georgia Public Service Commission jurisdiction, authority and power to prescribe rates for water; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Hatchett and Thompson of Meriwether- Hause Bill No. 290. A bill to be entitled an Act to increase the revenue of the State; to regulate and control the manufacture, purchase, sale, distribution, transportation, handling and possession and advertising of alcohol, brandy, rum, whiskey, or any other distilled alcoholic beverage; and for other purposes. Referred to the Committee on Temperance. By Messrs. Kea of Laurens, Lovett of Laurens, Rowland of Johnson- House Bill No. 291. A bill to be entitled an Act to amend Section 32-948 of the Cede of Georgia of 1933 relating to the equalization fund for schools; and for other purposes. Referred to the Committee on \Vays and Means. By Messrs. Graham and Blease of Brooks- House Bill No. 292. A bill to be entitled an Act to repeal the Act approved March 31, 1937, (Ga. Laws 1937, pp. 491, 496) relating tv the righr of a redemption of property ,;old under tax executions or special assessments; and for other purposes. TUESDAY, FEBRUARY 4, 1941 235 Referred to (he Committee on Special Judiciary. By Mr. Welsch of Cobb- House Bill No. 293 A biii to be entitled an Act to amend Section 34-1302 of 1933 Code of Georgia relating to election hours; and for other purposes. Referred to the Committee on Privileges and Elections. By Mr. Bennett of Jeff Davis- House Biii No. 294 A biiJ to be entitled an Act to amend the Constitution of Georgia so as to permit the City of Hazelhurst to incur additional bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. By Messrs. Gray of Houston, Dupree of Pulaski, and Bloodworth of Bibb- House BilJ No. 295 A bilJ to be entitled an Act to amend an Act entitled "Highway Mileage" by adding a road beginning on the east side of the Georgia, Southern and Florida R. R. at Bonaire, terminating at a point on Public Highway from Perry; and for other purposes. Referred to the Committee on Public Highways No. r. By Messrs. Roughton of Washington and Bates of Ware- House BiiJ No. 296. A bill to be entitled an Act to repeal Sections 88-r sor, 86, r 502, 86-1503 of the Georgia Code of 1933, relating to the organization, formation and payment of expenses of a Home Guard or Constabulary; and for other purposes. ~ Referred to the Committee on Military Affairs. By Mr. Etheridge of Fulton- House Bill No. 297 A biii to be entitled an Act to repeal an Act entitled "An Act to regulate Outdoor Advertising within the limits of the rights of way of the public roads in this State," and for other purposes. Referred to the Committee on Public Highways No. 2. By Messrs. Thigpen of Evans, Kennedy of TattnalJ- House Resolution No. p-297A. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph I, Section 8, Article 7 of the Constitution of Georgia, so as to provide for the repayment of the assessments against abutting property owners for the cost of paving, widening_ or improving the streets of municipal corporations; and for other purposes. Referred to the Committee on Amendments to Constitution No. r. By Mr. Looper of Dawson- House Resolution No. 53-297B. A resolution authorizing the State Library to furnish to the Clerk of the Superior Court of Dawson County, without fee or cost to said county, certain enumerated volumes of the Georgia Supreme Court; and for other purposes. JOURNAL OF THE HOUSE, Referred to the Committee on Public Library. By Mr. Etheridge of Fulton- House Bill No. 298. A bill to be entitled an Act to amend an Act entitled "An Act regulating the manufacture and sale of wine" approved March 23, 1935, by adding a new section thereto providing for the creation of a "Board of Wine Control"; and for other purposes. Referred to the Committee on Temperance. By Mr. Gross of Stephens- House Bill No. '299 A bill to be entitled an Act to repeal an Act providing that in the Counties of this State having a population of not less than 1'2,655, the residents of individual school systems shall have the right to vote in primaries and the elections for the county school superintendents, etc.; and for other purposes. Referred to the Committee on Counties and County Matters. Mr. Aultman of Peach County, Vice-Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation: That House Bill No. 86. Do pass, by substitute. House Bill No. 145 Do pass. House Bill No. 214. Do pass. House Bill No. 246. Do pass. House Bill No. 225. Do not pass. Respectfully submitted, Aultman of Peach, Vice-Chairman. Mr. Dorsey of Cobb County, Chairman of the Committee on Amendments to Constitution No. '2, submitted the following report: Mr. Speaker: I Your Committee on Amendments to Constitution No. '2 have had under con- sideration the following bills and resolution of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 150. Do pass. House Bill No. 182. Do pass. TUESDAY, FEBRUARY 4, I94I "2 37 House Bill No. I89. Do pass. House Bill No. I90. Do pass. House Bill No. 238. Do pass. House Bill No. 242. Do pass. House Resolution No. 42-224A. Do pass. Respectfully submitted, Dorsey of Cobb, Chairman. Mr. Chastain 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 recommendations: House Bill No. 267. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time: By Messrs. Smith of Carroll, Hicks of FloydHouse Bill No. 86. A bill to be entitled an Act to amend Section 38-220I of the Code of Georgia, 1933 in reference to taking depositions; and for other purposes. By Messrs. Parker and Roberts of WaltonHouse Bill No. I45 A bill to be entitled an Act to amend Section 92-6907 of the Civil Code of I933 by striking from the second line thereof the words "and for one year thereafter", so as to allow members of the Board of County Tax Assessors to hold State, County and Municipal offices upon their resignation from the County Board of Tax Assessors; and for other purposes. By Mr. Whipple of Bleckley- House Bill No. I50. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Parag;caph I of the Constitution of Georgia, so as to authorize the City of Cochran to incur a bonded indebtedness; and for other purposes. By Mr. McCracken of JeffersonHouse Bill No. I82. 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 County of Jefferson (School District No. I) to incur a bonded indebtedness; and for other purposes. JOURNAL OF THE HOUSE, By Mr. Witherington of Wilcox- House Bill No. I89. 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 Abbeville Consolidated School District of Wilcox County to incur a bonded indebtedness; and for other purposes. By Mr. Witherington of Wilcox- House Bill No. I90. A bill to be entitled an Act to propose to the qualified voters of Georgia amendment to Article 7, Section 7, Paragraph I of the Constitution, so as to authorize the County of Wilcox to incur bonded indebtedness; and for other purposes. By Messrs. Kea of Laurens, Rowland of Johnson, Lovett of Laurens, Atkinson of Chatham- House Bill No. 2I4. A bill to be entitled an Act to amend Section 5CJ-3IO of the Code of Georgia of I933 so as to authorize the Grand Juries to employ a certified Public Accountant to audit books, records and vouchers of the various county officers; and for other purposes. By Messrs. Welsch of Cobb- House Resolution No. 42-224B. A resolution proposing to the qualified voters of the State of Georgia an amendment to Article 5, Section I, Paragraph I 2 of the Constitution of the State of Georgia pertaining to the power of the Governor to grant reprieves, pardons, etc., and for other purposes. By Mr. Forrester of Dade- House Bill No. 238. 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 County of Dade to incur a bonded indebtedness; and for other purposes. By Mr. Witherington of Wilcox- House Bill No. 242. 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 City of Abbeville to incur a bonded indebtedness; and for other purposes. By Messrs. Atkinson of Chatham, Candler of DeKalb, Strickland of Haralson, Kea of Laurens- House Bill No. 246. A bill to be entitled an Act to limit the time for enforcing Deeds to secure Debt on Real Property; and for other purposes. By Mr. Smith of Barrow- House Bill No. 267. A bill to be entitled an Act to repeal the Act approved ~larch 10, I937, (Ga. Laws I9J7, pp. I240-I247) entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow"; and for other purposes. TUESDAY, FEBRUARY 4, 1941 2J9 By unanimous consent, the following bills of the House were read the third time, and placed upon their passage: By Messrs. Grice, Weaver, and Bloodworth of Bibb- House Bill No. I5I. A bill to be entitled an Act to amend the Act creating a County Board of Commissioners for Bibb County so as to empower the Board of Commissioners to levy license and specific or occupation taxes on all those who transact business outside the incorporate limits of Macon; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 103, the nays o. Th~ bill having received the requisite constitutional majority was passed. By Messrs. Kelley and Mavity of Walker- House Bill No. I6J. A bill to be entitled an Act to amend an Act creating a Board of Roads and Revenue of Walker County, so as to empower the Commissioner to hire 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 I04, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Kendrick, and Etheridge of Fulton- House Bill No. I7I. A bill to be entitled an Act to amend the Fulton Planning Commission Act so as to provide that a member of the board of county Commissioners other than the chairman may sit upon same; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 10, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Davis and Arnall of Coweta- House Bill No. I 81. A bill to be entitled an Act to provide the County Surveyor of Coweta County with proper equipment and supplies; to provide addiional duties for the County Surveyor; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. JOURNAL OF THE HOUSE, By Mr. Gaston of Butts- House Bill No. 184. A bill to be entitled an Act to reduce the bond of the sheriff of Butts County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gaston of Butts- House Bill No. 196. A bill to be entitled an Act to repeal the Act creating the Board of Commissioners of Roads and Revenue 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 107, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gaston of Butts- House Bill No. 197 A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenue 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Mavity and Kelley of Walker- House Bill No. 221. A bill to be entitled an Act to reduce the official bond of the Sheriff of Walker County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following general bills with local application affecting Fulton County were read the third time, and placed upon their passage: By Mrs. Mankin and Messrs. Kendrick, and Etheridge of Fulton- House Bill No. 172. A bill to be entitled an Act to amend the Act of March 16, 1939, providing that counties of a certain population have a budget, so as to provide additional publicity and various other technical changes; and for other purposes. TUESDAY, FEBRUARY 4, I94I 24-I The report of the committee, which was favorable to. the passage o.f tlie bill, was agreed to. On the passage of the bill, the ayes were I I I, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Kendrick, and Etheridge of Fulton- House Bill No. I73 A bill to be entitled an Act to amend the budget law in counties of a certain population so as to define the method for determining anticipated expenditures in any future 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 I I 2, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following bills and resolutions of the Senate were read the first time, and referred to the committees: By Senators Redwine of the 26th; Whaley of the 45th; Edenfield of the 4th; Campbell of the 34th; Edwards of the 6th; Milhollin of the 46th Districts- Senate Bill No. 6. A bill to be entitled an Act to amend the Act approved February 3, I938 (Ga. Laws Extraordinary Session I937-I938, pp. 200, 202) changing the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission; and for other purposes. Referred to the Committee on State of Republic. By Senators Redwine of the 26th; Whaley of the 45th; Edenfield of the 4th; Campbell of the 34th; Edwards of the 6th; Milhollin of the 46th Districts- Senate Bill No. 7 A bill to be entitled an Act to create the office of State Superintendent of Prison Farms; and for other purposes. Referred to the Committee on State of Republic. By Senator Whaley of the 45th District- Senate Resolution No. I6. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article 7, Section 2, Paragraph 2A of the Constitution of Georgia to exempt certain new industries from the payment of county ad valorem taxes in Telfair County; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Senator Couch of the 52nd District- Senate Bill No. 20. A bill to be entitled an Act to abolish the offices of Tax Receiver and of Tax Collector of Fulton County; and for other purposes. Referred to the Committee on Counties and County Matters. JOURNAL OF THE HOUSE, By Senator Sumner of the 1oth DistrictSenate Bill No. 21. A bill to be entitled an Act to require registration of guests under their true names at tourist camps, or like places; and for other purposes. Referred to the Committee on Hygiene and Sanitation. By Senator Almand of the 27th District- Senate Bill No. 23. A bill to be entitled an Act to provide that any person who shall desecrate the burial place of any human body, with intent to rob, steal, mutilate or maliciously molest the remains of the human body interred therein, shall be punished by death; and for other purposes. Referred to the Committee on Special Judiciary. By Senator Park of the 19th District- Senate Bill No. 26. A bill to be entitled an Act to require the Highway Commission of Georgia to give to the counties of Georgia the right to bid and improve the public roads in the state; and for other purposes. Referred to the Committee on Public Highways No. 1. By Senator Couch of the 52nd District- Senate Bill No. 29. A bill to be entitled an Act to amend the Act creating a County Planning Commission for Fulton County; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Couch of the pnd DistrictSenate Bill No. 30. A bill to be entitled an Act to transfer to the County Tax Collector, duties now imposed upon County Registrars in Counties having a population of 200,000 or more; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Couch of the 52nd DistrictSenate Bill No. 31. A bill to be entitled an Act to amend Section 92-3715 of the Code of 1933 relative to County Taxation and Pauper Tax; and for other purposes. Referred to the Committee on Ways and Means. By Senator Hill of the 36th DistrictSenate Bill No. 37 A bill to be entitled an Act to repeal an Act entitled "Meri- wether Superior Court-Two Terms" approved March 24, 1939, to provide for holding four terms in each year of the Superior Court of Meriwether County; and for other purposes. Referred to the Committee on Special Judiciary. By Senator Hill of the 36th District- Senate Bill No. 38. A bill to be entitled an Act to repeal an Act establishing the City Court of Greenville approved March 24, 1939; and for other purposes. Referred to the Committee on Special Judiciary. TUESDAY, FEBRUARY 4, 1941 By Senators Kiker of the 41st, Cannon of the 4oth District- Senate Bill No. 40. A bill to be entitled an Act to increase the mileage of the State-aid Road System by adding thereto a Highway beginning at McCaysville, on State Highway Route No. 5 ;n Fannin County; and for other purposes. Referred to the Committee on Public Highways No. 2. By Senator Coker of the 39th District- Senate Bill No. 41. A bill to be entitled an Act to amend the Act creating a new Charter for the Town of Canton, Georgia (Ga. Laws 1922, pp. 604, 627) by changing the name and official designation of said municipality from "Town of Canton" to "City of Canton"; and for other purposes. Referred to the Committee on Municipal Government. By Senator Kirkland of the 49th District- Senate Bill No. 47 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, as to authorize the Claxton 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. 1. The following communication from the Secretary of State was read: DEPARTMENT OF STATE JOHN B. WILSON Secretary of State HoN. JoE BooNE, Clerk ATLANTA House of Representatives State Capitol Atlanta, qeorgia Dear Sir: I hereby certify that a special election was held in Columbia County, Georgia, on February J, 1941, for the purpose of electing a Representative in the General Assembly of Georgia from Columbia, and that the returns of said special election which are of file in this office show the following result: COLUMBIA COUNTY FOR REPRESENTATIVE: G. S. PHILLIPS L. P. POOL received received 615 votes. 134 votes. Given under my hand and seal of office this the 4th day of February, 1941. JoHN B. WILSON, Secretary of State. JOURNAL OF THE HOUSE, The Representative-elect came forward to the bar of the House of Representatives, and took the oath of office, which oath was administered by Mr. Justice Duckworth of the Georgia Supreme Court. Under the regular order of business, the following bill of the Senate was taken up for consideration, and read the third time: By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th Districts- Senate Bill No. 3 A bill to be entitled an Act to provide for the suspension of the State Treasurer and Comptroller General, for the appointment of a suitable person to discharge the duties of the office of either in case such suspension; and for other purposes. Mr. Grayson of Chatham asked unanimous consent that debate on Senate Bill No. 3 be limited to ten minutes for each side, and objection was heard: Mr. Grayson of Chatham moved that debate on Senate Bill No. 3 be limited to ten minutes for each side. On the motion to limit debate, the ayes were 71, and the nays 71. The motion was lost. Mr. Wohlwender of Muscogee moved the previous question, the call was sustained, and the main question ordered. A substitute by Mr. Jones of Richmond 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, Mr. Lovett of Laurens, moved the ayes and nays, and the call was sustained. The roll was called, and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anderson Anglin Ansley Atkinson Aultman Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Callaway Candler Chastain Connell Cowart Culpepper Dallis Dalton Daves Davis Dorsey Drinkard Dupree Dyal Easler Edwards Elliott ,Ferguson of Sumter Ford Forrester TUESDAY, FEBRUARY 4, 1941 245 Foster of Paulding Key of Jasper Foster of Towns Lester Fowler Lewis Fuller Livingston Gaston Looper Gavin Lovett Gill Mankin Goolsby Mann Gowen Martin Graham Mason Gray Maund Grayson Mavity Greene Maxwell Griffin McClure Guerry Mcintosh Hand McEntire Harden McNall Hardy Mills Hart Mims Hartness Mixon Herrin Moate Hicks Moore of Lumpkin Hogg Moss Holtzendorf Musgrove Hooks Pannell Howard Parker Hunnicutt Pettit Ingus Pmllips Ingram Pickett Jackson Pinkston Johnspn of Chattahoochee Pittman Johnson of Pike Price Jones of Dodge Rees Jones of Worth Rich Kaigler Richardson Kea of Laurens Roberts of Walton Kelley Rogers Kendrick Roughton Those voting in the negativelwere Messrs.: Arnall Barber Bradbury Caldwell Campbell Clements Deal Ennis, Marion Gillis Goddard Grice Hagan Hardman Harris Heard Horne Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Wasmngton Smitha Southwell Strickland Suggs Taft Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Whipple Wilbanks Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Joiner Jones of Brantley Jones of Richmond Maddox McCracken Moore of Taliaferro Pilcher Roberts of Gwinnett JOURNAL OF THE HOUSE, Rossee Swint Tappan Thigpen Wetherbee Williams of Harris Those not voting were Messrs.: Allison Bynum Curry Dean Drake Dunaway Dunn Ennis, J. H. Etheridge Ferguson of Camden Gross Harrison Hatchett Kennedy Miller Reiser Thompson Turner Williams of Bacon The verification of the roll call was dispensed with. On the passage of the bill, the ayes were 155, the nays JO. The bill having received the requisite constitutional majority was passed. Mr. Hand of Mitchell moved the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Rossee of Putnam and Swint of Spalding. The Speaker announced the House adjourned until tomorrow morning at ro:oo o'clock. WEDNESDAY, FEBRUARY 5, 1941 Representative Hall, Atlanta, Georgia, Wednesday, February 5, 1941. The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by Rev. Chas. W. Curry of Savannah, Georgia. By unanimous consent, the call of the roll was dispensed with. Mr. Gray of Houston, 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 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 reading and passage of local uncontested House Bills. 5 Third reading and passage of general bills with local application; local Constitutional Amendments. 6. First reading and reference of Senate Bills. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate, to-wit: By Senator Houston of the 51st District- Senate Bill No. 22. A bill repealing an Act creating and establishing a statewide general election provided by law; and for other purposes. By Senators Coker of the 39th District and Almand of the 27th District- Senate Bill No. 55 A bill to amend the Act approved March 30th, 1937, (Ga. Laws 1937, pp. 690, 696), authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service; and for other purposes. The Senate has concurred in the House amendment to the following bill of the Senate. By Senators Redwine of the 26th District, Whaley of the 45th District, and others- JOURNAL OF THE HOUSE, Senate Bill No. 8. A bill to repeal an Act establishing the Georgia Radio Commission; and for other purposes. By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the Committees: By Mr. Wells of Clayton- House Bill Ko. 300. A bill to be entitled an Act to amend an Act to create a Board of Coffill!issioners of Roads and Revenue of Clayton County, and amendatory Acts thereof; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Atkinson, Grayson and McNall of Chatham- House Bill No. 301. A bill to be entitled an Act to amend the charter of the City of Savannah; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Shannon ofTwiggs- House Bill No. 302. A bill to be entitled an Act to amend "An Act to amend the banking law" as codified in Title 13, Section 13-901, Paragraph 3 of the Georgia Code of 1933 relating to the incorporation of banks; and for other purposes. Referred to the Committee on Banks and Banking. By Messrs. Gowen of Glynn, Dyal of :\ppling, Anderson of Wayne, Bennett of Jeff Davis, and Ferguson of Camden- House Bill No. 303. A bill to be entitled an Act to amend Sections 24-3103 and 24-3104 of the Code of Georgia of 1933, relating to the compensation for the court reporter in the Brunswick Judicial Circuit; and for other purposes. Referred to the Committee on Special Judiciary. By Mrs. Guerry of Macon- House Bill No. 304. A bill to be entitled an Act to amend Section 32-1503 of the Code of Georgia, 1933, so as to strike from the sixth subdivision thereof the words, "First Friday in December," and insert in lieu thereof the words, "third Friday in February; and for other purposes. Referred to the Committee on Historical Research. 'By Messrs. Elliott, \Vohlwender and Maxwell of Muscogee- House Bill No. 305. A bill to be entitled an Act permitting Insurance Companies doing business in Georgia to make voluntary deposits of bonds with the State Treasurer for the benefit and security of all policy obligations of such insurers in the United States; and for other purposes. Referred to the Committee on Insurance. WEDNESDAY, FEBRUARY 5, I94I By Mr. Williams of Harris- House Bill No. 3o6. A bill to be entitled an Act to amend an Act creating and establishing the Town of Chipley; and for other purposes. Referred to the Committee on Municipal Government. 8y Messrs. Bynum of Rabun, Foster of Towns, Russell of White, Looper of Dawson, Rich of Union, and Inglis of Habersham- House Bill No. 307. A bill to be entitled an Act to appropriate to the Department of Entomology $I,ooo.oo to be used in the inspection and certification of Irish potatoes; and for other purposes. Referred to the Committee on Appropriations. By Messrs. Roughton of Washington, Ferguson of Sumter, and Barlow of Colquitt- House Resolution No. 54-307A. A resolution to Memorialize the Members of Congress from Georgia to support changes in the Old Age Assistance Plan; and for other purposes. Referred to the Committee on Public Welfare. By Mr. Taft of Atkinson- House Resolution :Ko. 55-3o7B. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph I, Section I, Article 7 of the Constitution of Georgia so as to authorize the General Assembly to levy taxes for the purpose of distributing hog cholera and swine plague serum free to the swine owners of this State; and for other purposes. Referred to the Committee on Amendments to the Constitution No. I. By Mr. Moore of Lumpkin- House Resolution No. s6-3o7C. A resolution proposing to the qualified voters of this State for ratification or rejection an amendment to Article 7, Section I, Paragraph I of the Constitution of Georgia, to authorize pension payments to widows of ex-Confederate soldiers; and for other purposes. Referred to the Committee on Amendments to the Constitution No.2. By Messrs. Ferguson and Suggs of Sumter- House Resolution No. 57-307D. A resolution to honor DeSoto by nammg a certain Highway "The DeSoto Trail"; and for other purposes. Referred to the Committee on Historical Research. By Mr. Foster of Paulding- House Bill No. 308. A bill to be entitled an Act to amend Section 9 of an Act creating the Town of Hiram; and for other purposes. Referred to the Committee on Municipal Government. JOURNAL OF THE HOUSE, By Messrs. Etheridge and Mrs. Mankin of Fulton, Candler, Turner, and Dunaway ofDeKalb- House Bill No. 309. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution authorizing the establishment of Hospital Authorities, etc.; and for other purposes. Referred to the Committee on Amendments to the Constitution No. I. By Messrs. Etheridge and Mrs. Mankin of Fulton, Candler, Turner and Dunaway ofDeKalb- House Bill No. 3IO. A bill to be entitled an Act to establish Hospital Authorities; and for other purposes. Referred to the Committee on General Judiciary No. 1. Mr. Sabados of Dougherty County, Chairman of the Committee on Amendments to C~nstitution No. I, submitted the following report: Mr. Speaker: Your Committee on Amendments to Constitution No. I have had under consideration the following bills and resolutions of the House and have instructed me, as Chairman, to report the same back t~ the House with the following recommendations: House Resolution No. 259 Do pass. House Resolution No. 45-243A. Do pass. House Bill No. 239 Do pass. House Bill No. 278. Do pass. House Bill No. 263. Do pass. Respectfully submitted, Sabados of Dougherty, Chairman. Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker: Your Committee on State of the Republic have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 9 Do pass. House Bill No. I 57 Do pass. Senate Bill No. 6. Do pass. WEDNESDAY, FEBRUARY 5, I94I Senate Bill No.7 Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. Mr. Chastain 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 in;tructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 283. Do pass. House Bill No. 284. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Hatchett of Meriwether County, Chairman of the Committee on Education No. I, submitted the following report: Mr. Speaker: Your Committee on Education No. I 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. I9J Do pass, by substitute. House Bill No. 288. Do pass. Respectfully submitted, Hatchett of Meriwether, Chairman. Mr. 'Wren of Glascock County, Chairman of the Committee on Pensions, submitted the following report: Mr. Speaker: Your Committee on Pensions have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 24I'. Do pass. Respectfully submitted, Wren of Glascock, Chairman. Mr. Dunaway of DeKalb County, Chairman of the Committee on Municipal Government, submitted the following report: JOURNAL OF THE HOUSE, 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. 71. Do pass. House Bill No. 244. Do pass. House Bill No. 262. Do pass. House Bill No. 269. Do pass. House Bill No. 268. Do pass, by substitute. Respectfully submitted, Dunaway of DeKalb, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate favorably reported, were read the second time: By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Milhollin of the 46th District- Senate Bill No.6. A bill to be entitled an Act to amend the Act approved February 3, 1938 (Ga. Laws Extraordinary Session 1937-1938, pp. 200, 202) changing the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission; ~nd for other purposes. By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Milhollin of the 46th District- Senate Bill No.7 A bill to be entitled an Act to create the office of State Superintendent of Prison Farms; and for other purposes. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. 9 A bill to be entitled an Act to create the office of State Superintendent of Prison Farms; and for other purposes. By Mr. Mann of Whitfield- House Bill No. 71. A bill to be entitled an Act to amend the Charter of the City of Dalton; and for other purposes. By Mr. Lovett of LaurensHouse Bill No. I 57 A bill to be entitled an Act providing for the auditing of claims against the Highway Department; and for other purposes. WEDNESDAY, FEBRUARY 5, I94I By Messrs. Barber and Barlow of Colquitt- House Bill No. I93 A bill to be entitled an Act to amend Chapter 32-2I of the Code of Georgia of I933, which chapter deals with the duties of parents, guardians and children with reference to the compulsory attendance upon the public schools ' of this State of children of school age; and for other purposes. By Mr. Musgrove of Baker- House Bill No. 239 A bill to be entitled an Act to propose to the qualified voters an amendment to Article 7, Section 7, Paragraph I, of the Constitution of the State of Georgia, to authorize the County of Baker to incur a bonded indebtedness; and for other purposes. By Messrs. Looper of Dawson and Goddard of Spalding- House Bill No. 241. A bill to be entitled an Act amending Section 78-2I6 of the Code of Georgia of I933, providing that Confederate Soldiers shall receive SeventyFive Dollars per month, and that their widows shall recei-ve Fifty Dollars per month; and for other purposes. By Mr. Bradbury of Oconee- House Resolution No. 45-243A. A resolution proposing to the people of Georgia that Article 3, Section 4, Paragraph I, of the Constitution. of Georgia be amended by fixing the terms of office of the members of the General Assembly at four years; and for other purposes. By Messrs. Roughton and Smith of Washington- House Bill No. 244. A bill to be entitled an Act to abolish the Board of Water Commissioners of the City of Tennille; and for other purposes. Uy Mr. Clements of Calhoun- House Bill No. 259. A bill to be entitled an Ace to amend the Constitution so as to authorize Calhoun County to issue additional funding bonds; and for other purposes. By Messrs. Hardy and Williams of JacksonHouse Bill No. 262. A bill to be entitled an Act to amend an Act approved December I2, I899, entitled "An Act to incorporate the City of Jefferson"; and for other purposes. By Messrs. Candler and Turner of DeKalbHouse Bill No. 263. A bill to be entitled an Act to amend Article XI, Section III of the Constitution of the State of Georgia by adding a paragraph to be known as Paragraph No. 3 providing for the authority for the appointment of certain assistants and deputies in DeKalb County; and for other purposes. By Messrs. Blackshear and Smith of Hall- House Bill No. 268. A bill to be entitled an Act to amend the Charter of the City of Gainesville; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Wohlwender, Maxwell and Elliott of Muscogee- House Bill No. 269. A bill to be entitled an Act to amend the Charter of the City of Columbus; and for other purposes. By Mr. Thigpen of Evans- House Bill No. 278. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph r, of the Constitution of Georgia, so as to authorize the City of Claxton to incur a bonded indebtedness; and for other purposes. By Mr. Dean of Rockdale- House Bill No. 283. A bill to be entitled an Act to repeal an Act entitled "An Act to provide for a Board of Commissioners of Roads and Revenue for the County of Rockdale"; and for other purposes. By Mr. Dean of Rockdale- House Bill No. 284. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenue for the County of Rockdale; and for other purposes. By Messrs. Culpepper of Fayette, Pannell of Murray, Allison of Gwinnett, Hatchett of Meriwether, and Whipple of Bleckley- House Bill No. 288. A bill to be entitled an Act to amend Section 4 of an Act approved February ro, 1937, creating the State Board of Education; 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. Smith of Barrow- House Bill No. 267. A bill to be entitled an Act to createa Board of Commissioners of Roads and Revell'Ue for the County of Barrow; and for other purposes. The report of the committee, which was favorable to the passage of the bill, w.as agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the substitute to the following bill of the House was ordered printed: By Mr. Brooks of Mitchell- House Bill No. 49 A bill to be entitled an Act to provide a seed law for Georgia to conform to the Federal Seed Act of August, 1939; and for other purposes. By unanimous consent, the following re;solution of the House was withdrawn from the Committee on State of Republic and recommitted to the Committee on Special Judiciary: WEDNESDAY, FEBRUARY 5, 1941 2 55 By Mrs. Mankin of Fulton- House Resolution No. 11-2oA. A resolution to relieve George Macris of payment of surety bond upon payment of costs; and for other purposes. By unanimous consent, the following bill of the House was withdrawn from the Committee on General Agriculture No. 2 and recommitted to the Committee on General Agriculture No. 1. By Mr. Mixon of Irwin- House Bill No. 286. A bill to be entitled an Act to amend an Act to create an Act by fixing a maximum charge by leaf tobacco warehouses of this State for selling and handling leaf tobaccos; and for other purp6ses. By unanimous consent, the following bills of the Senate were read the first time and referred to the committees: By Senator Houston of the 51st District- Senate Bill No. 22. A bill repealing an Act creating and establishing a statewide general election provided by law; and for other purposes. Referred to the Committee on State of Republic. By Senators Coker of the 39th District and Almand of the 27th District- Senate Bill No. 55 A bill to be entitled an Act to amend the Act approved March 3oth, 1937, (Ga. Laws 1937, pp. 690, 696), authorizing the creation of nonprofit corporations for the purpose of furnishing group hospital service; and for other purposes. Referred to the Committee on Hygiene and Sanitation. Mr. Dunaway of DeKalb asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Hygiene and Sanitation and recommitted to the Committee on Insurance: By Senators Coker of the 39th District and Almand of the 27th District- Senate Bill No. 55 A bill to be entitled an Act to amend the Act approved March 3oth, 1937, authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service; and for other purposes. Objection was heard. Mr. Dunaway of DeKalb moved that Senate Bill No. 55 be withdrawn from the Committee on Hygiene and Sanitation and recommitted to the Committee on Insurance. On the motion to withdraw and recommit, Mr. Dunaway of DeKalb moved the ayes and nays, and the call was not sustained. On the motion to recommit, the ayes were 42, the nays 62. The motion to recommit was lost. JOURNAL OF THE HOUSE, By unanimous consent, the following bills and resolutions of the House and Senate were read the third time and placed upon their passage: By Mrs. Mankin of Fulton- House Bill No. 21. A bill to be entitled an Act to prohibit and regulate in counties of 200,000 the solicitation of votes, handing out of cards, etc., at the polls; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I2I, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Fortson of the 5oth District- Senate Bill No. 24. 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 City of Washington 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 all of its existing bonded indebtedness and interest thereon due and unpaid as of July I, I94I, and which becomes due up to and including November I, I949; 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 due and unpaid on July I, I94I, or which may become due up to and including November I, I949; to provide for the submission of the amendment for ratification by the people; and for other purposes: SECTION I 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 I, 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 Washington may issue refunding serial bonds not in excess of the aggregate sum of $141,ooo.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding due and unpaid on July I, I94I, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including November I, I949, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Washington to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July I, 194I, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including November I, 1949. Said Refunding bonds shall be issued when authorized by an ordinance of the officials of WEDNESDAY, FEBRUARY 5, I94I the City of Washington charged with the duty of managing its corporate affairs, and shall be validated as provided by law." SECTION z 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 as now provided by law, two months previous to the time for holding the next general election, it shall be submitted to the qualified voters of this State at the next general election thereafter for ratification or rejectioa. All persons voting at said election in favor of adopting the said amendment 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 Washington to issue refunding bond," 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 I, of the Constitution authorizing the City of Washington 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 amendment shall become a pa"rt 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 or parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called, and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blease Bloodworth Bowen Boone Branch Bridges Brinson Brooks of Mitchell Bruce Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Daves Davis Deal Dorsey Drake Drinkard Dunaway Dupree Dyal Edwards Elliott Etheridge Ferguson of Sumter Ford Foster of Paulding Fuller Gavin JOURNAL OF THE HOUSE, Gill Key of .Jasper Gillis Lewis Goddard Livingston Goolsby Lovett Gowen Maddox Graham Mankin Grayson Mann Greene Mason Grice Maund Griffin Maxwell Gross McCracken Guerry Mcintosh Harden McEntire Hardman McNall Hardy Miller Harris Mills Harrison Mixon Hartness Moate Hatchett Moore of Lumpkin Hicks Moore of Taliaferro Hogg Pannell Holtzendorf Pettit Hooks Pickett Howard Pilcher Inglis Pinkston Ingram Pittman .Jackson Price .Johnson of Chattahoochee Rich .Johnson of Pike Richardson .Joiner Roberts of Gwinnett .Jones of Brantley Roberts of Walton .Jones of Richmond Rogers Kaigler Roughton Kendrick Rowland Kennedy Those not voting were Messrs.: Blackshear Bradbury Brooks of Oglethorpe Bynum Dalton Dean Dunn Easler Ennis, .J. H. Ennis, Marion Ferguson of Camden Forrester Foster of Towns Fowler Gaston Gray Hagan Hand Hart Heard Herrin Horne Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Washington Smitha Strickland Suggs Taft Tappan Thigpen Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wetherbee Whipple Williams of Bacon Williams of Harris Williams of .Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Hunnicutt .Jones of Dodge .Jones of Worth Kea of Laurens Kelley Lester Looper Martin Mavity McClure Mims WEDNESDAY, FEBRUARY 5, 1941 Moss Musgrove Parker Phillips Rees Reiser Rossee Smith of Barrow Smith of Carroll Smith of Schley Southwell Swint Thompson Wells of Telfair Welsch Wilbanks Yawn On the passage of the bill, the ayes were I 54, the nays o. The bill having received the requisite twa-thirds constitutional majority was passed. By Mr. Reiser of EffinghamHouse Resolution No. 22-65B. A RESOLUTION A Resolution 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 the State of Georgia, incorporated in the Code of I933 as section 2-550I, so as to authorize the County of Effingham to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia. For the purpose of the retirement and payment of the deficit and current indebtedness of the County of Effingham due and unpaid as of November I, I94I, to provide that the funds raised from such bonded indebtedness shall be used exclusively for the retirement of said deficit and current indebtedness that is or may become due and unpaid as of November I, I94I; to authorize the County of Effingham to issue bonds for the payment and retirement of all notes and other liquidated or unliquidated demands outstanding and unpaid as of November I, I94I, for which the County of Effingham may be liable, and to provide that funds raised from such bonded indebtedness shall be used exclusively for the payment and retirement of rhe indebtedne..s and obligations for which they are issued; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuan<;e and other details incident to the issuance and sale of said bonds; to provide for validation; to provide for submission of the amendment for ratification by the people; and for other purposts. Section I. Be it enacted by the General Assembly of Georgia and it is hereby enacted by che authority of the same that Article 7, Section 7, Paragraph I, of the Constitution of Georgia, incorporated in the Code of I933 as section 2-550I, which has been heretofore amenqed, shall be further amended by adding at the end thereof a new paragraph to be worded as follows, ta-wit: "And except, that the County of Effingham, in addition to the bonded indebtedness heretofore aurh->rized by the Constitution and laws of Georgia, may issue serial' bonds not in excess of the sum of One Hundred Thousand ($IOo,ooo.oo) Dollars, for the payment and retirement of the deficit and current indebtedness of the County of Effingham, the same being represented by notes, open accounts and other' liquidated or unliquidated demands for which said County of Effingham may be liable, outstanding and unpaid as of Novem- JOURNAL OF THE HOUSE, her 1, 1941; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they become due. Said serial bonds so issued shall mature in Ten (Io) annual equal amounts beginning One (I) year from date of issuance and maturing each year thereafter for a period of Ten (10) years. The proceeds of such bonds shall be used exclusively for the purpose of paying and retiring said outstanding unpaid notes, open accounts and other liquidated and unliquidated demands as of November I, I941, for which said County of Effingham may be liable. Said bonds may be issued and validated when authorized by a majority vote of the Commissioners of Roads and Revenues of Effingham County, who are hereby authorized and empowered to fix the rate of interest, the date of issuance and all other details incident to the issuance and sale of said bonds." Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by twa-thirds (2/J) vote of the members of the two Houses, said amendment shall be entered on their journals, with the "Ayes" and "Nays" thereon, and shall be published in one or more newspapers in each Congressional District in this State 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 in 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 County of Effingham to issue bonds for retirement of indebtedness due and unpaid as of November I, I94I", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots, "Against ratification of amendment of Article 7, Section 7, Paragraph I, of the Constitution authorizing the County of Effingham to issue bonds for retirement of indebtedness due and unpaid as of November I, 1941," and if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph I, of the Constitution of the State and the Governor shall make a proclamation therefor as provided by law, and the County of Effingham 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 are hereby repealed. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll was called, and the vote was as follows: Those voting in the affirmative were :Messrs.: Adams Aiken Allison Anderson Anglin Arnall Atkinson Aultman Barlow Bates Bloodworth Bowen WEDNESDAY, FEBRUARY s, 1941 261 Boone Branch Bridges Brinson Brooks of Mitchell Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dupree Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Towns Fowler Fuller Gaston Gavin Gill GilliS Goddard Goolsby Gowen Graham Grayson Greene Grice Griffin Gross Guerry Hagan Pannell Harden Pickett Hardman Pilcher Hardy Pinkston Harris Pittman Harrison Price Hart Richardson Hartness Rogers Hatchett Roughton Hicks Rowland Holtzendorf Russell Hooks Sabados Home Shannon Howard Sheppard Inglis Sills Ingram Simmons Jackson Smith of Barrow Johnson of Chattahoochee Smith of Carroll Johnson of Pike Smith of Hall Joiner Smith of Schley Jones of Brantley Smith of Washington Jones of Dodge Smitha Kaigler Strickland Kea of Laurens Suggs Kendrick Taft Kennedy Tappan Key of Jasper Thigpen Lester Thompson Lewis Turner Livingston Vickers Looper Walker Lovett Warnock Maddox Weaver Mankin Wells of Clayton Mann Welsch Martin Wetherbee Mason Whipple Maund Wilbanks Maxwell Williams of Bacon McCracken Williams of Harris Mcintosh Williams of Jackson McNall Williams of Ware Miller Willoughby Mills Witherington Mims Wohlwender Mixon Woods Moate Wren Moore of Lumpkin Yawn Moore of Taliaferro JOURNAL OF THE HOUSE, Those not voting were Messrs.: Ansley Barber Bennett Bentley Blackshear Blease Bradbury Brooks of Oglethorpe Culpepper Dean Dunaway Dunn Dyal Easler Edwards Ennis, J. H. Foster of Paulc:ling Gray Hand Heard Herrin Hogg Hunnicutt Jones of Richmond Jones of Worth Kelley Mavity McClure McEntire Moss Musgrove Parker Pettit Rees Reiser Rich Roberts of Gwinnett Roberts of Walton Rossee Smiley Southwell Swint Wells of Burke Wells of Telfair Wright On the adoption of the resolution, the ayes were I 58, the nays o. The resolution having received the requisite twO-thirds constitutional majority was adopted. By Messrs. Price and Hunnicutt- Hause Bill No. 84. A bill to be entitled an Act to require the payment of fees of clerks and sheriffs of the Superior Court in divorce cases in all counties in the State of Georgia having a population according to the U.S. Census of 1930 of not less than 25,513 and not more than 25,713; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Weaver, Bloodworth and Grice of Bibb-- House Bill No. 108. A bill to be entitled an Act to change the terms of the Superior Court of Bibb County, and to provide for the holding of six terms of the Superior Court in each year; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were uS, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 169. A bill to be entitled an Act to create arid establish a purchasing department in all counties in the State of Georgia having a population of two hundred thousand or more; and for other purposes. WEDNESDAY, FEBRUARY 5, 1941 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I7, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Moss of Gordon- House Resolution No. 43-239A. A resolution providing that Gordon County reimburse the tax commissioner thereof for payment he made of funds stolen from his office; and for other purposes. The report of th~ committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were I I I, the nays o. The resolution having received the requisite constitutional majority was adopted. Under the regular order of business, the following bills of the House were taken up for consideration and read the third time: By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. 8. A bill to be entitled an Act to regulate the granting of paroles and conditional pardons to persons convicted of violations of the penal laws; to prescribe the duty and limit the authority of the Prison and Parole Commission with reference thereto; and for other purposes. By unanimous consent, House Bill No. 8 was tabled. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. IO. A bill to be entitled an Act to repeal an Act appro~ed March 30, I9J7, establishing the Georgia Radio Commission; and for other purposes. By unanimous consent, House Bill No. IO was tabled. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. I 1. A bill to be entitled an Act to create a State Housing Authority Board; and for other purposes. By unanimous consent, House Bill No. I I was tabled. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. I 2. A bill to be entitled an Act to create the State Hospital Authority; and for other purposes. By unanimous consent, the bill was tabled. JOURNAL OF THE HOUSE, By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, and Culpepper of Fayette- House Bill No. 13. A bill to be entitled an Act to repeal an Act approved March 31, I937, amending Section 68-623 of the Code of 1933 by providing for payments to members of the Public Service Commission; to provide the effect of such repeal; and for other purposes. By unanimous consent, the bill was tabled. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. q. A bill to be entitled an Act to fix the salary of the Secretary of State; and for other purposes. By unanimous consent, the bill was tabled. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. I 5 A bill to be entitled an Act to fix the salary of the State Treasurer; and for other purposes. Bv unanimous consent, the bill was tabled. By M~ssrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. I6. A bill to be entitled an Act to fix the salary of the Comptroller General; and for other purposes. By unanimous consent, the bill was tabled. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. I 7 A bill to be entitled an Act to fix the compensation of the State Superintendent of Schools as Executive Secretary of the State Board of Education and the administrative officer of the State Department of Education; and for other purposes. By unanimous consent, the bill was tabled. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. r8. A bill to be entitled an Act to repeal an Act approved February I2, 1938, entitled "An Act to provide for the confirmation by the Senate of appointees of the Governor for public office"; and for other purposes. By unanimous consent, the bill was tabled. By Mrs. Mankin of Fulton- House Bill No. 19. A bill to be entitled an Act to provide for the exemption of WEDNESDAY, FEBRUARY 5, 1941 drivers, operators, and members of publicly owned fire departments from tort liability and from personal or property damage in case of accident while proceeding to a fire alarm; and for other purposes. The previous question was ordered. Mrs. Mankin of Fulton asked unanimous consent that the House reconsider its _action in ordering the previous question, and objection was heard. Mr. Etheridge of Fulton moved that the House reconsider its action in ordering the previous question, and the motion prevailed. Mrs. Mankin of Fulton moved that House Bill No. 19 be recommitted to the Committee on General Judiciary No. 1, the motion prevailed, and the bill was recommitted. Mr. Willoughby of Clinch moved the House do now adjourn, amd the motion prevailed. Leave of absence was granted Mr. Herrin of Echols. The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock. 266 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Thursday, February 6, 1941. The House met pursuant to adjournment this day at ro:oo o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain. By unanimous ~onsent, the call of the roll was dispensed with. Mr. Gray of Houston, 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 consent: I. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House bills. 5 Third reading and passage of House Resolution No. 4o-r98A. 6. First reading and reference of Senate bills. The following message was received from the Senate through Mr. Camp, the Secretary, thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit: By Senators Edwards of the 6th District, Edenfield of the 4th District, and others- Senate Bill No. 42. A bill to authorize the Commissioner of Agriculture to exercise the powers and duties now imposed by law upon the State Veterinarian; and for other purposes. By Senators Edwards of the 6th District, Edenfield of the 4th District, and others- Senate Bill No. 43 A bill to abolish the office of State Veterinarian as created in the act approved February 17th, 1937, (Ga. Laws 1937, pp. 850 through 851); and for other purposes. By Senator Fortson of the 5oth District- Senate Bill No. 49 A bill to amend Section 32-917 of the Code providing for the consolidation of school districts, for the holding of elections to pass on such consolidations to provide fur the declaration of results of such election; and for other purposes. THURSDAY, FEBRUARY 6, 1941 By Senator Burnside of the 29th District- Senate Bill No. 57 A bill to provide additional compensation for sheriffs and clerks of court in certain counties of this State; and for other purposes. By Senator Drake of the 8th District- Senate Bill No. 71. A bill to amend the Act approved March 2nd, 1935, (Ga. Laws 1935, pp. 538, 553), establishing a city court in and for the County of Miller, by changing the method of compensating the solicitor of said court from a fee basis to a salary basis; and for other purposes. By Messrs. Weaver, Bloodworth and Grice of Bibb- House Bill No. 36. A bill to amend an Act entitled an Act to establish the City Court of Macon in and for the County of Bibb; and for other purposes. By Mr. Jackson of Henry- House Bill No. 76. A bill to abolish the County Court of Henry County; and for other purposes. By Mr. Jackson of Henry- House Bill No. 77 A bill to establish a City Court of Henry County; and for other purposes. By Mr. Pilcher of Warren- House Bill No. 94 A bill to amend, consolidate, and supersede the several Acts incorporating the Town of Camak; and for other purposes. By Messrs. Welsch and Dorsey of Cobb- House Bill No. 109. A bill to alter, revise, and amend the several acts relating to the incorporation of the City of Marietta; and for other purposes. By Mr. Inglis of Habersham- House Bill No. 112. A bill to create and establish the City Court of Habersham County; and for other purposes. By Mr. Daves of Dooly- House Bill No. 120. A bill to propose to the qualified voters of Georgia an amendment to the Constitution to authorize the City of Unadilla to incur a bonded indebtedness; and for other purposes. By Mr. Wells of Clayton- House Bill No. 135. A bill to amend an Act to incorporate the Town of Forrest Park in the County of Clayton; and for other purposes. By Mr. Drake of Seminole- House Bill No. 140. A bill to amend the Act approved August 2oth, 1906, creating a new charter for the Town of Donaldsonville, by adding certain provisions au- 268 JOURNAL OF THE HOUSE, thorizing and empowering the city to make certain improvements; and for other purposes. By Mr. Horne of Crisp- House Bill No. q8. A bill to amend the Charter of the City of Cordele, Georgia; and for other purposes. By Messrs. Simmons and Mills of Decatur- House Bill No. I5J A bill to amend an Act to incorporate the Town of Attapulgus in Decatur County, Georgia; and for other purposes. By Messrs. Simmons and Mills of Decatur- House Bill No. I 54 A bill to repeal an Act to incorporate the Town of Diffee; and for other purposes. By Messrs. Roughton and Smith of \Vashington- House Bill No. I68. A bill to amend, consolidate, and supersede the several acts, incorporating the City of Sandersville; and for other purposes. By Messrs. Weaver, Bloodworth and Grice of Bibb- House Resolution No. I4-34A. A resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 2, Paragraph I, of the Constitution of Georgia, so as to authorize the City of Macon, with respect to territory hereafter acquired, to levy, for a maximum period of 10 years, a less and varying property tax than that applicable to its present territorial limits, etc.; and for other purposes. By Messrs. Grice, Bloodworth and Weaver of Bibb- House Resolution No. IJ-J2B. A resolution amending the Constitution of Georgia so the City of Macon may exempt from taxation new buildings, machinery and equipment; and for other purposes. By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees: By Messrs. Harris, Lester and Jones of Richmond- House Bill No. JI 1. A bill to be entitled an Act to amend Section 92-I909 of the Code of Georgia Annotated, by providing at the end of said section that professional tax collected from each and every practitioner of law shall be allocated to the respective counties wherein such special tax become due and payable; and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Atkinson, Grayson and McKall of Chatham- House Bill No. 3 I 2. A bill to be en ti tied an Act to amend the Charter of the City of Savannah; and for other purposes. Referred to the Committee on Municipal Government. THURSDAY, FEBRUARY 6, 1941 By Messrs. Atkinson, McNall and Grayson of Chatham- House Bill No. 313. A bill to be entitled an Act to authorize Commissioners of Chatham County and Pension Board, to pension and retire county employees under certain circumstances; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Smith and Roughton of Washington- House Bill No. 314. A h'll to be entitled an Act to regulate the holding of primary elections for the selection of candidates for the place of Representative to the General Assembly from Washington County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Pannell of Murray- House Bill No. 315. A bill to be entitled an Act to amend Section 32-1402 of the Code of Georgia of 1933, relating to "proceeds of school bonds, how held and used"; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Jackson of Henry- House Bill No. 316. A bill to be entitled an Act to amend Section 92-5301 of the Code of Georgia of 1933 as amended by the act approved January 17, 1938 (Georgia Laws 1937-1938) relating to the commissions allowed to tax receivers and tax collectors, etc.; and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Kea of Laurens, Davis of Coweta, Blease of Brooks, and Sills of Candler- House Bill No. 317 A bill to be entitled an Act to regulate Labor Organizations; to prohibit them from seeking money from persons working on projects being financed by tax money; and for other purposes. Referred to the Committee on Industrial Relations. By Mrs. Mankin of Fulton- House Bill No. 318. A bill to be entitled an Act to amend an Act approved March 28, 1938, relating to Insurance Agents' Licenses so as to provide the method by which the said license may be issued by the Insurance Commission. Referred to the Committee on Insurance. By Messrs. Kea and Lovett of Laurens- House Bill No. 319. A bill to be entitled an Act to amend the Charter of the City of Dublin; and for other purposes. Referred to the Committee on Municipal Government. 270 JOURNAL OF THE HOUSE, By Mr. Dalton of Banks- House Bill No. 320. A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Banks County (Ga. Laws 1916, pp. 239-353) by providing for qualification of candidates for Board of Commissioners and for the election of all members of said board; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Pittman of Berrien- House Bill No. 321. A bill to be entitled an Act to prohibit the use or handling of poisonous snakes or reptiles in such a manner as will endanger the health or safety of the public; and for other purposes. Referred to the Committee on Hygiene and Sanitation. By Mr. Wells of Clayton- House Bill No. 322. A bill to be entitled an Act to amend an Act to abolish the office of Tax Collector of Clayton County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Williams and Hardy of Jackson- House Bill No. J2J. A bill to be entitled an Act 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 Jackson County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Williams and Hardy of Jackson, Dalton of Banks and Smith of Barrow- House Bill No. 324. A bill to be entitled an Act to fix the compensation of the official court reporter of the Superior Courts of the Piedmont Circuit of this State; and for other purposes. Referred to the Committee on Special Judiciary. By Mr. Wilbanks of Cherokee- House Bill No. 325. A bill to be entitled an Act to authorize any county having a population of not less than 20,120 and not more than 20,130 inhabitants, to pass zoning and planning laws; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Elliott of Muscogee, Evans of McDuffie, Lovett of Laurens, Culpepper of Fayette, and Ennis of Baldwin- House Bill No. 326. A bill to be entitled an Act to authorize the Governor to lease all or any part of the lands and buildings constituting the State Prison Farm in Baldwin County to the Baldwin County Board of Education for vocational training in cooperation with the NYA; and for other purposes. Referred to the Committee on State of Republic. THURSDAY, FEBRUARY 6, 1941 By Mr. Inglis of Habersham- House Resolution No. 58-326A. A resolution proposing an amendment to Article 8, Section 4, Paragraph 1, of the Constitution of Georgia authorizing the County of Habersham to assume the school indebtedness of the several school districts and municipalities; and for other purp<)ses. Referred to the Committee on Amendments to Constitution No. I. By Messrs. Drinkard of Lincoln, Evans of McDuffie, Pannell of Murray, Boone of Wilkinson, and Blease of Brooks- House Resolution No. 5ctcrs"; and fer ctht>r purposes. Referred to the Committee on Counties and County Matters. By Mr. Shannon of Twiggs- Hause Bill Nv. 341. A bill to be enritled an Act to amend Chapter 6o-8 of the Code of Georgia uf 1933 relating to fees allowed to Clerks of the Superior Courts and Sheriffs in connection with land registration; and for other purposes. Referred to the Committee on General Judiciary No. I. JOURNAL OF THE HOUSE, By Mr. Mann of Whitfield- House Bill No. 342. A bill to be entitled an Act to prohibit the giving away, either directly or indirectly of any article of merchandise, premiums, prizes, rebates or other similar things for the purpose of inducing persons to purchase petroleum products upon which motor-fuel taxes are paid; and for other purposes. Referred to the Committee on Special Judiciary. By Mr. Holtzendorf of Ben Hill- House Bill No. 343 A bill to be entitled an Act to amend an Act approved August 15, 1914 (Georgia Laws 1914, pp. 232), providing for Commissioners of Road and Revenue for Ben Hill; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. McClure of Catoosa- House Bill No. 344 A bill to be entitled an Act to require the claimant, upon filing of any claim for real estate to annex to his claim affidavit an abstract of the title relied upon for the establishment of such claim. Referred to the Committee on Special Judiciary. By Messrs. Moate of Hancock, Mason of Morgan, Brinson of Chattooga, Callaway of Newton, Whipple of Bleckley; and many others- House Bill No. 345 A bill to be entitled an Act to amend the Charter of the Georgia Railroad Company (Now the Georgia Railroad and Banking Company); and for other purposes. Referred to the Comrtlittee on Amendments to Constitution No. 2. By Mr. Hicks of Floyd- House Bill No. 346. A bill to be entitled an Act to provide that any person who owns, keeps or permits a dog on his premises, shall be liable and responsible for any damage or injury that any person might sustain who is invited upon said premises and for other purposes. Referred to the Committee on General Judiciary No. 1. By Mr. Kea of Laurens and Mr. Lovett of Laurens- House Bill No. 347 A bill to be entitled an Act to govern the collection of costs, fines and forfeitures in the City Court of Dublin; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Rowland of Johnson- House Bill No. 348. A bill to be entitled an Act to amend an Act to establish the City Court of Wrightsville; and for other purposes. Referred to the Committee on Counties and County Matters. FRIDAY, FEBRUARY 7, 1941 By Messrs. Key of Jasper, Gross of Stephens- House Bill No. 349 A bill to be entitled an Act to amend Section I I4-I02 of the Code of Georgia of I933, defining certain terms as used in the Workman's Compensation Act; and for other purposes. Referred to the Committee on Industrial Relations. By Mr. Kea of Laurens- House Bill No. 350. A bill to be entitled an Act to amend an Act approved August I7, I9II, with reference to the Board of Commissioners of Roads and Revenue cf Laurens County; and for otha purpost:s. Rt:ferredto the Committf'e on Counries and County Matters. By Mt ~~rs. Mason of Morgan, Moa1 e of Hancock, et ai- Hous~ Bill No. 351. A bill to b.e entitled an Act proposing tc the qualified v;. ters , f this State Lr ratificaticn or rejeciion an amendmen: to Article VII, Section II of the Constitution of Georgia, relating to taxation of property of Georgia Railroad; and for other purposes. Referred to the Committee on Amendments to the Constitution No. 2. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 352. A bill to be entitled an Act to amend an Act approved March I8, 1937 entitled an Act to provide for certain powers to make traffic regu- lations in counties having a population of 2oo,ooo or more; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 353 A bill to be entitled an Act authorizing a cadastral survey in all counties; and for other purposes. Referred to the Committee on Historical Research. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill Nu. 354 A bill to be entitled an Act to provide for compensation of Jury Commissioners and their Clerks in counties having a population of not less than 86,800 and not more than 86,900; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Horne of Crisp- House Bill No. 355 A bill to be enritled an Act to propose co the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph I of the Constitution of Georgia, so as to authorize the City of Cordele to incur a bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to the Constitution No. I. 300 JOURNAL OF THE HOUSE, By Mr. Suggs of Sumter- House Bill No. 356. A bill to be entitled an Act to amend the Motor Fuel Tax Law approved March I8, I937, by exempting the sale of motor fuel used in agricultural machines or devices from the excise tax levied thereon; and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 357 A bill to be entitled an Act to amend Code Section I3-82I of the Code of Georgia of I9~3, which pertains to the order of paying off debts due by insolvent banks; and for other purposes. Referred to the Committee on Banks and Banking. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Resolution No. 65-357A. A resolution proposing to the qualified voters amendment to Article 2, Section I, of the Constitution of the State of Georgia authorizing the Commissioner of Roads and Revenue of DeKalb County to establish sewerage, wa~er, and fire prevention; and for other purposes. Referred to the Committee on Amendments to the Constitution No. 2. By Messrs. Greene of Jones, and Goolsby of Monroe- House Bill No. 358. A bill to be entitled an Act to amend an Act approved August 20, I929 designating Highway Mileage by adding additional mileage in Jones and Monroe Counties; and for other purposes. Referred to the Committee on Public Highways No. r. By Mr. Goddard of Spalding- House Bill No. 359 A bill to be entitled an Act to amend an Act approved July 2I, I94I, entitled "An Act to revise and consolidate the Acts granting and amending the Charter of the City of Griffin," and for other purpose~. Referred to the Committee on Municipal Government. By Messrs. Moore of Lumpkin, Dunn of Lamar, and Hogg of Marion- House Bill No. 360. A bill to be entitled an Act to repeal Section 67-803 of the Code of Georgia of I933 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. Referred to the Committee on General Judiciary No. r. Mr. Ferguson of Camden 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 FRIDAY, FEBRUARY 7, I94I JOI 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. 220. Do pass. Respectfully submitted, Ferguson of Camden, Chairman. Mr. Williams of Bacon County, Chairman of the Committee on Interstate Cooperation, submitted the following report: Mr. Speaker: Your Committee on Interstate Co-operation pursuant to its appointment attended the Fifth General Assembly of the Council of State Governments meeting in Washington, D. C., on the 2I, 22nd and 23rd days of January, I94I, and herewith submits as its report a review of the activities of said Council, and the Resolutions, Recommendations and Reports adopted by the same. (NoTE: Report Filed with Secretary of State.) Respectfully submitted, Williams of Bacon, Chairman. Mr. Strickland of Haralson County, Chairman of the Committee on Public Highways No. I, submitted the following report: Mr. Speaker: Your Committee on Public Highways No. I have had under consideration the following bills of the Senate and House, and have instructed me, as Chairman, to report the S'ame back to the House with the following recommendations: Senate Bill No. 26. Do pass. House Bill No. 261. Do pass. Respectfully submitted, Strickland of Haralson, Chairman. Mr. Anglin of Stewart County, Chairman of the Committee on Public Printing, submitted the following report: Mr. Speaker: Your Committee on Public Printing 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. 200. Do pass, by substitute. Respectfully submitted, Anglin of Stewart, Chairman. 302 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 House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 93 Do pass. Respectfully submitted, Rees of Webster, Chairman. Mr. Dunaway 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. 41. Do pass. House Bill No. 234 Do pass. House Bill No. 301. Do pass. House Bill No. 3o6. Do pass. House Bill No. 308. Do pass. House Bill No. 312. Do pass. House Bill No. 335 Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Callaway of Newton County, Chairman of the Committee on Special Appropriations, submitted the following report: Mr. Speaker: Your Committee on Special Appropriations have had under consideration the following resolution and bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Resolution No. 32-137A. Do pass. House Bill No. 167. Dopa~; s Respectfully submitted, Callaway of Newton, Chairman. FRIDAY, FEBRUARY 7, 1941 JOJ Mr. Lovett of Laurens County, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 59 Do not pass. Minority Report attached. Respectfully submitted, Lovett of Laurens, Chairman. By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time. By Senator Park of the 19th District- Senate Bill No. 26. A bill to be entitled an Act to require the Highway Commission of Georgia to give to the counties of Georgia the right to bid and improve the public roads in the State; and for other purposes. By Senator Coker of the 39th District- Senate Bill No. 41. A bill to be entitled an Act creating a new Charter for the Town of Canton; and for other purposes. . By Mr. Pilcher of Warren- House Bill No. 93 A bill to be enti~led an Act to amend an Act entitled "Old Age Assistance Act" as found in Georgia Laws of 1937; and for other purposes. By Mr. Wells of Clayton--:- House Resolution No. J2-IJ7A. A resolution to provide for compensating Robert Coleman of Clayton County for the time he served on the State Chaingang in Fulton County for the offense of murder, the guilty person having later confessed of said crime and Coleman receiving a full pardon; and for other purposes. By Messrs. Roughton and Smith of Washington- House Bill No. 167. A bill to be entitled and Act to appropriate the sum of $5,000.00 as compensation to Mrs. W. E. McDaniel (Wife) and her son, for the killing of \V. E. McDaniel by guards at the State Prison at Milledgeville; and for other purposes. JOURNAL OF THE HOUSE, By Mr. Smitha of Carroll- House Bill No. 200. A bill to be entitled an Act to require the preparation and publication of a report of the receipts and disbursements of public funds, by the fiscal authorities of municipalities and counties; and for other purposes. By Messrs. Bruce of Troup, Boone of Wilkinson, Dallis of Troup, Ferguson of Camden- House Bill No. 220. A bill to be entitled an Act to prohibit hunting upon the lands of another unless in company with the owner or in possession of written permission from the owner; and for other purposes. By Messrs. Dunaway, Candler, and Turner of DeKalb, Mrs. Mankin of Fulton, and Mr. Etheridge of Fulton- House Bill No. 234. A bill to be entitled an Act to provide a pension for the Police Department in cities having a population of 150,000 or more; and for other purposes. By Messrs. Dallis, Caldwell, and Bruce of Troup- House Bill No. 261. A bill to be entitled an Act entitled "Highway Mileage" so as to add a road beginning at LaGrange to intersect with the State Highway; and for other purposes. By Messrs. Atkinson, Grayson, and McNall of Chatham- House Bill No. 301. A bill to be entitled an Act to amend the Charter of the City of Savannah; and for other purposes. By Mr. Williams of Harris- House Bill No. 306. A bill to be entitled an Act to amend an Act creating and establishing the Town of Chipley; and for other purposes. By Mr. Foster of Paulding- House Bill No. 308. A bill to be entitled an Act to Amend Section 9 of an Act creating the Town of Hiram; and for other purposes. By Messrs. Atkinson, Grayson, and McNall of Chatham- House Bill No. 312. A bill to be entitled an Act ro amend the Charter of the City of Savannah; and for other purposes. By Mr. Goddard of Spalding- House Bill No. 335 A bill to be entitled an Act to amend the Act providing a Charter for the City of Griffin; and for other purposes. By unanimous consent, the following bills of the House were read the third time, and placed upon their passage. FRIDAY, FEBRUARY 7, 1941 By Mr. Gill of Bryan- House Bill No. 65. A bill to be entitled an Act to amend the Act creating the City Court of Bryan County so as to provide the successor of the present Judge thereof; and for other purposes. The following Substitute to House Bill No. 65 was read and adopted: Mr. Gill of Bryan offers the following as a substitute for House Bill No. 65: A BILL To be entitled an Act to amend the Act approved January 1oth, I9J8, (Ga. Laws Extraordinary Session I9J7-I9JS pp. 714, 727), creating and establishing the City Court of Pembroke, defining its powers, jurisdiction, etc., by designating the present incumbent as judge to continue to preside over said court for a period ending December Jist, 1941, or until such time as his successor herein named shall qualify; to provide that the judge so designated shall be succeeded by Hon. F. C. Drexel on January Ist, 1942; to declare that no vacancy now exists in said office; to repeal Section 2 of said Act; to provide for the salary of the judge or judges of said court; and for other purposes. BE IT AND IT IS HEREBY ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That Section 2 of the Act creating and establishing the City Court of Pembroke in and for the County of Bryan, which Section provides for the appointment of a judge, the election of his successor, for the filling of vacancies, etc., be and the same is hereby repealed in its entirety and the following is enacted tn lieu thereof: "Section 2. The Hon. W. F. Slater is hereby appointed and designated as the judge of the City Court of Pembroke for the period ending December Jist, 1941, and until such time as the Hon. F. C Drexel, who was duly elected judge of said court in the last general election but who on account of a call to active duty in the United States Army Air Corps was unable to qualify, shall have returned from his army service and qualified as the judge of said court. Upon the return and qualification of the Hon. F. C. Drexel as judge of said court, he shall serve for the bala.~ce of the term to which he was elected ending December Jist, 1944, and until his successor is duly elected and qualified as hereinafter provided. Should there be a vacancy in the office for the period for which the Hon. W. F. Slater is designated and appointed to fill, said vacancy shall be filled in the manner now provided by law for the filling of vacancies in the office of clerk of the Superior Court. "At the next regular election for county officers in said county next preceding January 1st, 1945, and at each such regular election thereafter, a judge for said court shall be elected who shall serve for a term of four years. Should any vacancy occur in the office of judge for which provision has not heretofore been made in this Act, the same shall be filled in the same manner ]06 JOURNAL OF THE HOUSE, as now provided by law for the filling of vacancies of the clerk of the Superior Court. "The judge of said court shall receive a salary of $C)OO.OO per year, payable monthly by the treasurer of the county of Bryan and the Commissioners of Roads and Revenues of said county shall have the authority and power and it is hereby made their duty to annually levy and provide for the collection of taxes for this purpose. Said salary shall not be increased or diminished during the term of office of the judge. The judge shall have no further compensation, but may practice law in any court except his own. "For the purposes of this Act, it is hereby declared that no vacancy now exists in the office of judge of said court, and the ordinary shall not appoint, so long as the Hon. W. F. Slater continues to hold or perform the duties of said office, any successors to him, or call any election for the purpose of electing a judge of said court." 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, by substitute, the ayes were ro8, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By Messrs. Blease and Graham of Brooks- House Bill No. 245 A bill to be entitled an Act to reduce the bond of the Sheriff of Brooks 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Witherington of Wilcox- House Bill No. 264. A bill to be entitled an Act to abolish the office of county treasurer of Wilcox County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Witherington of Wilcox- House Bill No. 265. A bill to be entitled an Act to abolish the offices of tax collector and tax receiver of Wilcox County; and for other purposes. FRIDAY, FEBRUARY 7, I94I The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Hardman of Madison- House Bill No. 272. A bill to be entitled an Act to change the amount of the sheriff's bond of Madison County; and for other purposes. The report of the committee, whicp was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I04, the nays o. The bill, having received the requisite constitutional majority, was passed. By Mr. Wells of Clayton- House Bill No. JOO. A bill to be entitled an Act to change and consolidate certain militia districts in and for Clayton County; to appoint certain Commissioners of Roads and Revenue for Clayton 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 IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following gen.-raJ bills with local application were taken up for consideration and read the third time: By Mr. Hagan of Screven- House Bill No. 254 A bill to be entitlt>d an Act to provide for the appointment of special criminal bailiffs in counties of this State having a population according to the United States Census of I940 of not less than 20,300 and not more than 20,400; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I 8, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gross of Stephens- House Bill No. 299 A bill to be enrided an Act to repeal an Act providing that in the counties of this state, having a population of not less than I 2,640 and nor more than I2,655 the residents of individual school systems shall have the right to vote in primaries and the elections for the county school superintendent of their respective counties; and for other purposes. J08 JOURNAL OF THE HOUSE, The following amendment to House Bill No. 299 was read and adopted: Mr. Gross of Stephens- Moves to amend House Bill No. 299 by filling in the blank at the end of the third line of section one with the words "fifty-four". 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 I I6, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By unanimous consent, the following bill of the House was withdrawn from the Committee on General Judiciary No. 2 and recommitted to the Committee on Special Judiciary: By Mr. Holtzendorf of Ben Hill- House Bill No. 2I6. A bill to be entitled an Act to amend the Code of Georgia of I9JJ, relating to the manner in which assessments for municipal srreet improvements shall be payable in installments, and to amend the Code of I9JJ, relating to the issuance of bonds for street improvements, so as to provide that such assessments may be payable in equal annual installments over such period of years; and for other purposes. By unanimous consent, the following bill of the House was withdrawn from the Committee on Education No. I and recommitted to the Committee on General Judiciary No. I: By Mr. Goddard of Spalding- House Bill No. 332. A bill to be entitled an Act to amend the Code of Georgia relating to terms of office and appointment vf members of county bvards of education and election of county school superintendents; and for other purposes. The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee: By Messrs. Mims of Miller and Drake of Seminole- House Bill No. 59 A bill to be entitled an Act to raise the tax on insurance premiums from I Yz % to 3 %; and for other purposes. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senator Campbell of the 34th District- Senate Bill No. 48. A bill to be entitled an Act to amend an Act of the General Assembly of Georgia to abolish the fee system now existing in the Superior Courts of the Stone Mountain Judicial Circuit, as applied to the office of Solicitor General; and for other purposes. FRIDAY, FEBRUARY 7, 1941 Referred to the Committee on General Judiciary No. 1. By Senator Harrison of the 2Jrd District- Senate Resolution No. 21-68B. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph J, Section 4, Article 3 of the Constitution of the State of Georgia so as to provide for annual sessions of the General Assembly; to limit the length of the regular session of so the General Assembly to days except in cases where an impeachment trial is pendso ing at the end of days; and for other purposes. Referred to the Committee on Amendments to the Constitution No. 1. By Senators Gross of the 2oth, Mason of the 3oth Districts- Senate Resolution No. 19. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph 2, Section 2, Article 7 of the Constitution of Georgia so as to exempt from all taxation, state, county, municipal, school district and political or territorial subdivision of the State having the authority to levy taxes, rural electrification projects; and for other purposes. Referred to the Committee on Amendments to the Constitution No. 2. The following resolution of the House was read: By Messrs. Yawn of Dodge, Pittman of Berrien, Roughton of Washington, and Smitha of Carroll- House Resolution No. 66-36oA. A RESOLUTION Whereas, A great conflagration is sweeping the World, and its flames are hungrily licking at the security of this N ation1 principles held sacred and dear by Americans are being trampled upon; Freedom is outlawed in most of the Universe, and Liberty is gasping for breath, and Whereas, upon the United States the World is depending for its future Civilization, and Whereas, the great State of Georgia was founded by men and women who had known the yoke of oppression, who had languished in jails by decrees of tyrannical rulers and who had braved the broad Atlantic in search of Freedom rather than to endure further persecution at the hands of their oppressors, and Whereas, since the day General Oglethorpe established the Government of Georgia at Yamacraw Bluff the watchword and unfailing policy of the State has been Freedom, and Whereas, the Government of the United States is at present engaged in a gigantic effort to build our defenses strong enough to repel all forces which would take away the Freedom so sacred to the hearts of all Americans, JIO JOURNAL OF THE HOUSE, And whereas, Citizens of this state employed on National Defense Projects are crying for protection from this Legislature against unscrupulous selfish individuals who are extracting from their hides a "pound of flesh" and taking bread from the mouths of their wives and children. And whereas, all citizens of this state who believe in freedom, honesty, and decency, are likewise calling upon this Sovereign Body to correct the wrongs that are now being perpetrated. Whereas, billions of dollars of taxpayers' money are being expended in an effort to insure this Nation against successful attack from forces outside our borders, whose philosophy of Government is insidious, Unamerican and repulsive to the Democratic principles upon which this Nation was founded, and Whereas, this same insidious, Unamerican and repulsive philosophy has taken form in this country which is within itself the very oppression we are building our defenses to repel, and Whereas, this insidious, Unamerican and repulsive philosophy espouses a doctrine which requires free men to pay for the God-given right to work on jobs being financed by the very tax money that they themselves have paid and will continue to pay into the Treasury of United States, and Whereas, it is the sense of the General Assembly that all citizens should have an equal opportunity to participate in the defense work being financed by tax money, without the necessity of paying tribute for the privilege of working to any private organization, Whereas, the integrity of a member of this Legislature has been questioned by an unsigned editorial in a newspaper named Labor Review published at Augusta, Georgia, which referred to Honorable E. E. Yawn as "that would be Legislator from Dodge County" and made other scurrulous references to him in the article. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that a threat to American ideals is recognized; that the God-given right of citizens to work in the defense of their Nation without having to pay tribute to any private organization must be preserved and defended; that sacrifice and patriotism must be substituted for the selfishness and greed that are sweeping the land. Be it further resolved, that copies of this Resolution be forwarded to each member of the Congress of the United States, and that they be urged to enact legislation that will insure equal rights to each citizen of America to participate in the defense work being financed by tax money without the necessity of paying tribute for the privilege of working to any private organization. Be it further resolved, that this Legislature condemn the practice of any person from questioning the integrity or sincerity of any member of this Legislature unless they have good cause to do so. Mr. Goddard of Spalding moved the resolution be tabled, and the motion was lost. Mr. Culpepper of Fayette asked unimous consent, that when the House adjourn FRIDAY, FEBRUARY 7, 1941 JII today, it stand adjourned until Monday morning at 10:00 o'clock, and the request was granted. Mr. Marion Ennis of Baldwin moved the previous question, and the call was sustained. The main question was ordered. The following amendment to House Resolution No. 66-36oA was read and adopted: Mr. Jones of Richmond moves to amend House Resolution No. 66-36oA by adding the following paragraph: The Speaker to appoint a committee of five members to investigate the facts and accusations contained in the privileged Resolution and report back to the House. Mr. Jones of Richmond moved that the resolution, as amended, be referred to the Committee on Industrial Relations, and the motion was lost. The Speaker referred the resolution, as amended, to the Committee on State of Republic. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Mr. Aultman of Peach- House Bill No. 199 A bill to be entitled an Act to create a new Charter for the Town of Byron; and for other purposes. The following Senate amendment to House Bill No. 199 was read: The Committee on Municipal Government moves to amend Section 32 by adding the following at the end of said Section: "Provided, however, that the provisions of this section shall not apply to property which, under the General Laws of the State of Georgia, is required to be returned to and assessed by the State Revenue Commissioner." On the question of agreeing to the Senate amendment, the ayes were ro8, the nays o. The Senate amendment having received the requisite majority, was agreed to. Mr. Culpepper of Fayette, moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Foster of Paulding, Willoughby of Clinch, Smiley ofLiberty, Kennedy of Tattnall, Howard of Long and Gill of Bryan. The Speaker announced the House adjourned until Monday morning at ro:oo o'clock. JI2 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Monday, February ro, 1941. 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. Gray of Houston, 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: r. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First reading and reference of Senate Bills. By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees: By Messrs. Simmons and Mills of Decatur- House Bill No. 361. A bill to be entitled an Act to authorize the City of Bainbridge to pass certain zoning and planning laws; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Goddard of Spalding- House Bill No. 362. A bill to be entitled an Act to amend an Act approved July 21, 1921 entitled "An Act to revise and consolidate the several Acts of the General Assembly granting and amending the Charter of the City of Griffin," and for other purposes. Referred to the Committee on Municipal Government. By Mr. Foster of Towns- House Bill No. 363. f. bill to be entitled an Act to levy a severance tax upon persons, firms or corporatidns cutting timber in this State; and for other purposes. Referred to the Committee on \Vays and Means. By Messrs. McClure of Catoosa, Kelley and Mavity of Walker- House Bill No. 364. A bill to be entitled an Act to amend an Act entitled High- MONDAY, FEBRUARY 10, 1941 313 way Mileage (Ga. Legislature of 1929, pp. 26o-268) known as the Traylor-Neill Bill, to add additional mileage to Catoosa and Walker Counties; and for other purposes. Referred to the Committee on Public Highways No. 2. By Mr. Walker of Grady- House Bill No. 365. A bill to be entitled an Act to amend the Charter of the City of Cairo; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Hicks of Floyd and Roughton of Washington- House Bill No. 366. A bill to be entitled an Act to amend an Act entitled "An Act to provide for the establishment of a Department of Labor", approved March 25, 1937 (Ga. Laws 1937, pp. 230, et seq.) by inc-reasing the term of office of the Commissioner of Labor; and for other purposes. Referred to the Committee on Industrial Relations. By Mr. Witherington of Wilcox- House Bill No. 367. A bill to be entitled an Act to amend the Charter of the City of Abbeville; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Aultman of Peach- House Bill No. 368. A bill to be entitled an Act to authorize the fiscal authority 'in Counties having a population of not less than 10,376 and not more than 10,386, to pay additional compensation, not exceeding $30.00 per month, to the Sheriff for automobile expense; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Atkinson of Chatham, Pannell of Murray, Grice of Bibb, and Whipple of Bleckley- House Bill No. 369. A bill to be entitled an Act to regulate the procedure in certain civil action in the Superior Courts; to prescribe the time and manner of filing cases and issuing process thereon; and for other purposes. Referred to the Committee on General Judiciary No. 1. By Mr. McClure of Catoosa- House Bill No. 370. 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 authorizing the County of Catoosa to issue Funding Bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. 314 JOURNAL OF THE HOUSE, By Messrs. Hatchett and Thompson of Meriwether- Hause Bill No. 371. A bill to be entitled an Act to amend Section 52-105, Georgia Code of 1933, relating to liens of inn-keepers; etc., to provide for liens for hospitals; and for other purposes. . Referred to the Committee on Special Judiciary. By Messrs. Dyal of Appling and Adams of Wheeler- House Bill No. 372. A bill to be entitled an Act to amend an Act entitled An Act to prevent and prohibit the adulteration of spirits of Turpentine and naval stores, and to provide for the appointment and duties of the Supervising Inspector of Naval Stores; and for other purposes. Referred to the Committee on General Agriculture No. 1. By Messrs. Kelley and Mavity of Walker- House Bill No. 373 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 Walker County to issue Funding Bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Mr. Dyal of Appling- . House Bill No. 374 A bill to be entitled an Act to abolish the office of TaxReceiver and Tax-Collector of Appling County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Kaigler of Quitman- House Bill No. 375 A bill to be entitled an Act to amend an Act entitled "High- way Mileage" known as the Neill-Traylor Act, to allow additional mileage for the County of Quitman; and for other purposes. Referred to the Committee on Public Highways No. 2. By Messrs. Sabados of Dougherty, Roughton of Washington, and Hicks of Floyd- House Resolution No. 67-375A. A resolution proposing to the qualified voters of Georgia an amendment to Article 9, Section I of the Constitution of Georgia by adding thereto a new paragraph to be designated Paragraph 7 to prohibit the making, enforcing, or maintaining of any rule, regulation, order, or ordinance on the part of the state or any of its political subdivisions barring from public office or public employment in the State or such political subdivisions of any person, sui juris solely because of an age limit lesser than 55 years; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. By Messrs. Blackshear and Smith of Hall- House Resolution No. 68-375B. A resolution so as to authorize the City of MONDAY, FEBRUARY 10, 1941 Gainesville to incur bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Messrs. Thompson and Hatchett of Meriwether- House Bill No. 376. A bill to be entitled an Act to enlarge the powers of the Coroner of the several counties of this State; and to provide that the Ordinaries and Judges of the Superior Court of the several counties of this State shall have concurrent jurisdiction, authority and power to authorize regularly licensed hospitals, surgeons and physicians to make an examination of persons found to have died under circumstances authorizing an inquest under the present laws; and for other purposes. Referred to the Committee on General Judiciary No. 1. By Messrs. Pickett of Pickens and Hagan of Screven- House Bill No. 377 A bill to be entitled an Act to impose a penalty upon any person, firm or corporation operating in any municipality of this State taxi-cabs serving the public where a passenger is refused transportation; and for other purposes. Referred to the Committee on Special Judiciary. By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 378. A bill to be entitled an Act to levy an excise or privilege tax upon the recording of certain documents; to provide that such tax shall be evidenced by a stamp or stamps to be affixed to documents and cancelled at the time of recording; and for other purposes. Referred to the Committee on State of Republic. By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 379 A bill to be entitled an Act to amend the Intangibles Classification Tax Act appearing in Georgia Laws 1937-38, Extra Session; and for other purposes. Referred to the Committee on State of Republic. By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 38q. A bill to be entitled an Act to amend the several acts relating to personal exemptions and credits, etc., and for other purposes. Referred to the Committee on State of Republic. By Mr. Mims of MillerHouse Bill No. 381. A bill to be entitled an Act to repeal Section 26-6908 of the Code of Georgia of 1933, making it illegal to fish on the Sabbath Day; and for other purposes. JI6 JOURNAL OF THE HOUSE, Referred to the Committee on Game and Fish. Mr. Holtzendorff of Ben Hill County, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. Speaker: Your Committee on Banks and Banking have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 302. Do pass. Respectfully submitted, Holtzendorff of Ben Hill, Chairman. Mr. Barlow of Colquitt 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 House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill. No. So. Do not pass. House Bill No. 98. Do not pass. Respectfully submitted, Barlow of Colquitt, Chairman. By unanimous consent, the following bill of the House, favorably reported, was read the second time: By Mr. Shannon of Twiggs- Hause Bill No. 302. A bill to be entitled an Act to amend "An Act to Amend the Banking Law as codified in Title IJ, Section IJ-901, Paragraph J, of the Georgia Code of 1933, relating to the incorporation of banks, etc."; 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. Atkinson, Grayson, and McNall of Chatham- House Bill No. JO~. A bill to be entitled an Act to amend the Charter of the City of Savannah so as to place certain employees of said city in line for pension benefits; and for other purposes. The report 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 o. MONDAY, FEBRUARY 10, 1941 J17 The bill having received the requisite constitutional majority was passed. By Mr. Williams ofHarris- H'ause Bill No. 306. A bill to be entitled an Act to amend the Charter of the Town of Chipley so as to provide five councilmen, a Recorder; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Foster of Paulding- House Bill No. 308. A bill to be entitled an Act to amend the Charter of the Town of Hiram so as to empower the mayor and councilmen to levy a tax of one per cent; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Atkinson, Grayson, and McNall of Chatham- House Bill No. 312. A bill to be entitled an Act to amend the Charter of the City of Savannah so as to provide that employees of Armstrong Junior College Commission, the Park and Tree Commission and the Library Board shall be entitled to pension benefits; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Goddard of Spalding- House Bill No. 335 A bill to be entitled an Act to amend the Act providing a Charter for the City of Griffin so as to grant the City Board of Commissioners zoning and planning authority; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Senator Coker of the 39th DistrictSenate Bill No. 41. A bill to be entitled an Act to amend the Charter of the JI8 JOURNAL OF THE HOUSE, Town of Canton, by changing the name and official designation of said municipality from "Town of Canton" to "City of Canton"; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. Mr. R. G. LeTourneau, under the provisions of a resolution previously adopted by the House, delivered an address to the House. Under the regular order of business, the following bills of the House were taken up for consideration, and read the third time: By Mrs. Mankin of Fulton- House Bill No. 23. A bill to be entitled an Act to prohibit ordinaries of counties in this State from giving legal advice to parties having interest in any proceedings in their courts; and for other purposes. Mr. Drinkard of Lincoln moved the previous question, the call was sustained and the main question ordered. An amendment by the committee was read and lost. An amendment by Mr. Weaver of Bibb was read and lost. An amendment by Mr. Bradbury of Oconee was read and lost. An amendment by Messrs. Hatchett and Thompson was read and lost. An amendment by Mr. Willoughby 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, Mr. Smith of Carroll moved the ayes and nays and the motion was lost. On the passage of the bi~l, the ayes were 15, the nays II 8. The bill having failed to receive the requisite constitutional majority was lost. By unanimous consent, the following bill was withdrawn from further consideration of the House: By Messrs. Candler and Turner of DeKalb- House Bill No. 263. A bill to be entitled an Act to amend the Constitution of Georgia so as to provide the method of filling vacancies in DeKalb County; and for other purposes. Under the regular order of business, the following bill of the House was taken up for consideration and read the third time: MONDAY, FEBRUARY 10, 1941 By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 24. A bill to be entitled an Act to amend the Code so as to provide for a tax of 21 mills for relief upon approval of two successive grand juries; and for other purposes. By. unanimous consent, House Bill No. 24 was tabled. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the reqms1te constitutional majority the following bills of the House and Senate, to-wit: By Senator Drake of the 8th District- Senate Bill No. 70. A bill to repeal an Act to amend an Act to amend, consolidate, and supersede the sevf{ral acts incorporating the City of Colquitt; and for other purposes. By Messrs. Wetherbee and Sabados of Dougherty- House Bill No. 229. A bill to amend the Albany City Charter so as to empower the City Commissioners to extend water furnishing appliances and fire protection beyond city limits; and for other purposes. By Mr. Walker of Grady- House Bill No. 231. A bill authorizi~g the Mayor and Council of the City of Cairo to pass zoning and planning laws; and for other purposes. By Mr. Holtzendorff of Ben Hill- House Bill No. 235. A bill to amend an Act to incorporate the City of Fitzgerald and establishing a new charter therefor; and for other purposes. By Mr. Wilbanks of CherokeeHouse Bill No. 243. A bill to amend, consolidate and supersede the several Acts incorporating the Town of J3all Ground; and for other purposes. The following resolution of the Senate was adopted by substitute: By Senators Kiker of the 41st, Cannon of the 4oth, Whaley of the 45th, and Clark of the 44th Districts- Senate Resolution No. 13. A resolution authorizing and directing the SurveyorGeneral of the State of Georgia to survey the state line between Georgia and North Carolina and Georgia and Tennessee; and for other purposes. The following bill of the House was passed as amended: By Mr. Smiley of Liberty- House Bill No. I I 5 A bill to incorporate the City of Flemington; and for other purposes. The following resolution of the Senate was adopted: J20 JOURNAL OF THE HOUSE, By Senator Drake of the 8th District- A resolution inviting the House quartet to harmonize in the Senate on Tuesday of next week, and on any future date when it is possible for them to do so. Under the regular order of business, the following bill of the House was taken up for consideration and read the third time: By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 27. A bill to be entitled an Act to authorize and direct any public authority having any interest in lands donated for highway, road or street purposes to reconvey after the lapse of seven years to the respective donors, etc., any lands not used within that period of time for the purposes for which they were donated; and for other purposes. .Mr. Dunaway of DeKalb moved the previous question, the call was sustained and the main question was ordered. The following substitute to House Bill Ko. 27 was read and adopted: By Mrs. Mankin of Fulton- Substitute to House Bill No. 27. A bill to authorize any public body or public authority, including the State Highway Department of Georgia, counties and municipalities, having any interest in lands donated or sold for highway, road or street purposes, to reconvey after the lapse of seven (7) years to the respective donors or vendors, their heirs or successors in title, any lands so donated or sold but not used within that period of time for the purposes for which they were donated or sold; to define the words "donors", "donated", "vendors" and "sold" as used in this statute; 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 I. Any public body or public authority, including the State Highway Department of Georgia, counties and municipalities, having any interest in lands donated or sold to such public authority for highway, road or street purposes, but which after the lapse of seven (7) years from the date of donation or sale have not been used for such purposes, is authorized to reconvey after such period of time to the respective donors or vendors, their heirs or successors in title, lands so donated or sold but not used accordingly. Section 2. Be it further enacted, that the words "donated" and "donors" as used in this statute shall respectively refer to and include the actual voluntary conveyance of property without any consideration having in fact been paid or received therefor, and any person, firm, association or corporation making such conveyance. Section 3 Be it further enacted, that the words "sold" and "vendors" as used in this statute shall respectively refer to and include the actual conveyance of property for any consideration which in fact has been paid or received therefor, and any person, firm, association or corporation making such conveyance. MONDAY, FEBRUARY 10, 1941 J21 Section 4 Be it further enacted, that with respect to lands so donated, the reconveyance authorized by this statute shall be made without the payment of a valuable consideration by the donor, his heirs or successors in title. With respect to lands sold, the reconveyance authorized by this statute shall be made only upon the repayment by the vendor, his heirs or successors in title, of the amount actually received as a consideration for such conveyance. Section S Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute. On the passage of the bill, by substitute, the ayes were 107, the nays 3 The bill having received the requisite constitutional majority was passed by substitute. Mr. Culpepper of Fayette moved that the House do now adjourn, and the motion prevailed. The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock. J22 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Tuesday, February I I, I941. The House met pursuant to adjournment this day at Io:oo 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. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 Third reading and passage of general bills with local application. 6. 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. Kendrick, Etheridge and Mrs. Mankin of FultonHouse Bill No. 382. A bill to be enftitled an Act to amend an Act establishing a new Charter for the City of Atlanta. Referred to the Committee on Municipal Government. By Mr. Kendrick and Mrs. Mankin of FultonHouse Bill No. 383. A bill to be entitled an Act to permit certain outdoor amusements between one and six P.M. C.S.T. in the City of Atlanta; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Kendrick, Etheridge and Mrs. Mankin of FultonHouse Bill No. 384. A bill to be entitled an Act to amend an Act incorporating the City of Manchester to provide for incorporating same under the name of College Park; and for other purposes. Referred to the Committee on Municipal Government. TUESDAY, FEBRUARY 11, 1941 323 By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton- House Bill No. 38 5 A bill to be entitled an Act to amend the Charter for the City of Atlanta approved February 28, 1874; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton- House Bill No. 386. A bill to be entitled an Act to amend the Charter of the City of Atlanta by amending the Budget act of the City of Atlanta; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton- House Bill No. 387. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta; to repeal conflicting provisions of said Charter in the matter of fixing salaries of officers, etc., and for other purposes. Referred to the Committee on Municipal Government. By 1\Iessrs. Kendrick, Etheridge and Mrs. Mankin of Fulton- House Bill No. 388. A bill to be entitled an Act to extend the City Limits of the City of Atlanta so as to include within its boundary one house in North Morningside; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton- House Bill No. 389. A bill to be entitled an Act to repeal obsolete and unused provisions of the Charter of the City of Atlanta; and for other purpos:s. Referred to the Committee on Municipal Government. By Mr. Etheridge and Mrs. Mankin of Fulton- House Bill No. 390. A bill to be entitled an Ace to require anyone owning or controlling a final execution, etc., to levy same within a reasonable time after the date of judgment, etc.; and for other purposes. Referred to the Committee on Special Judiciary. By Messrs. Elliott of Muscogee and Brinson of ChattoogaHouse Bill No. 391. A bill to be entitled an Act to provide an alternative, additional and simpler method for the trial and correction of errors of law by the Supreme Court and Court of Appeals in cases within their respective jurisdictions; and for other purposes. Referred to the Committee on Special Judiciary. By Messrs. Hatchett and Thompson of Meriwether, Caldwell of Troup, Ford of Worth, and Whipple of Bleckley- JOURNAL OF THE HOUSE, House Bill No. 392. A bill to be entitled an Act to amend Section 32-919 of the Code of Georgia of 1933, relating to the transportation ~f pupils and teachers to and from the public schools of this State; and for other purposes. Referred to the Committee on Education No. I. By Mr. Mixon of Irwin- House Bill No. 393 A bill to be entitled an Act to amend an Act known as "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", (Georgia Laws 1937-38, pp. 103-124); and for other purposes. Referred to the Committee on Temperance. By Mr. Willoughby of Clinch- House Bill No. 394 A bill to be entitled an Act to amend an Act approved March 30, 1937, (Acts of 1937, pages 54-72) relating to general appropriations for the operation of the State Government for the two years ending June 30, 1939, so as to allocate and appropriate certain funds to the Department of Education, etc.; and for other purposes. Referrtd to the Committee on Appropriations. By Messrs. Evans of McDuffie and Lovett of Laurens- House Bill No. 395 A bill to be entitled an Act to amend Section 71-204 of the Code of Georgia of 1933, relating to the payment and disposition of fees paid by persons appointed as Notaries Republic by the State Librarian; and for other purposes. Referred to the Committee on State of Republic. By Messrs. Evans of McDuffie and Lovett of Laurens- House Bill No. 396. A bill to be entitled an Act to amend Section 101-103 of the Code of Georgia of 1933, relating to the salary of the State Librarian and Assistant State Librarian; and for other purposes. Referred to the Committee on State of Republic. By Mr. Rich of Union- House Bill No. 397 A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Union; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Yawn and Jones of Dodge- H'ouse Bill No. 398. A bill to be entitled an Act to amend an Act creating and establishing the office of Commissioner of Roads and Re:venues in and for the County of Dodge; and for other purposes. Referred to th.e Committee on Counties and County Matters. TUESDAY, FEBRUARY II, I94I By Mr. Ferguson of Camden- House Bill No. 399 A bill to be entitled an Act to repeal an Act in so far as it applies to Camden County, entitled an Act to create Boards of Commissioners of Roads and Revenues for Echols, Thomas and Camden Counties; and for 9ther purposes. Referred to the Committee on Counties and County Matters. By Mr. Ferguson of Camden- House Bill No. 400. A bill to be entitled an Act to create a Board of CommiSsioners of Roads and Revenues for Camden County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Aiken of Bulloch- Hause Bill No. 401. A bill to be entitled an Act to amend the Charter of the City of Statesboro; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Williams of Harris, Roughton of Washington, and Caldwell of Troup- House Bill No. 402. A bill to be entitled an Act to further regulate the practice of osteopathy; and for other purposes. Referred to the Committee on Hygiene and Sanitation. By Messrs. Rogers, Maddox, and Hicks of Floyd and Brinson of Chattooga- House Bill No. 403. A bill to be entitled an Act to amend Section 34-I302 of the Code of Georgia of I933 relating to "Elections", how and when held; and for other purposes. Referred to the Committee on Privileges and Elections. By Messrs. Bates and Williams of Ware, Kea of Laurens, and Lovett of Laurens- HDuse Bill No. 404. A bill to be entitled an Act to amend an Act known as the General Tax Act (Georgia Laws 1937, pp. I I et seq.) by revising Paragraph 8I thereof relating to the tax levied against packing houses, brokers and butcher plants; and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Barber and Barlow of Colquitt- House Bill No. 405. A bill to be entitled an Act to amend the Charter of the City of Moultrie; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Mixon of Irwin- House Bill No. 406. A bill to be entitled an Act to propose to the qualified JOURNAL OF THE HOUSE, voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia authorizing the County of Irwin to issue bonds in the amount necessary to pay off current indebtedness of said county; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Messrs. Dunn of Lamar and Smith of Carroll- House Bill No. 407. A bill to be entitled an Act to amend an Act approved February 26, 1937, known as the "Old Age Assistance Act", to provide that State funds available for assistance to needy aged persons within the State shall be distributed equally to all such persons within the State; and for other purposes. Referred to the Committee on Pensions. By Messrs. Smith and Smitha of Carroll- House Bill No. 408. A bill to be entitled an Act to establish a Hospital and Health Board for Carroll County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Mixon of Irwin- House Resolution No. 69-4o8A. A resolution providing that the State Supervisor of Purchases buy, insofar as possible, articles manufactured by the Blind people of Georgia who are not receiving pension from the Department of Public Welfare; and for other purposes. Referred to the Committee on State of Republic. By Messrs. Mcintosh of Mcintosh, McNall, Grayson, and Atkinson of Chatham, and Gill of Bryan- House Bill No. 409. A bill to be entitled an Act to amend Part V, Chapter 45 of the Code of Georgia in reference to taking shrimp and shad fish from the waters of the State; and for other purposes. Referred to the Committee on Game and Fish. Mr. Livingston of Polk County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report: Mr. Speaker: Your Committee on Hygiene and Sanitation have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 236. Do pass, by substitute, as amended. House Bill No. 321. Do pass. House Bill No. 174. Do pass. Respectfully submitted, Livingston of Polk, Chairman. TUESDAY, FEBRUARY 11, 1941 Mr. Dunaway 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. 336. Do pass. House Bill No. 337 Do pass. House Bill No. 338. Do pass. House Bill No. 359 Do pass. House Bill No. 361. Do pass. House Bill No. 362. Do pass. House Bill No. 365. Do pass. House Bill No. 367. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Welsch of Cobb County, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary have had under consideration the following bills and resolutiOns of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 130. Do pass. House Bill No. 215. Do pass. House Bill No. 232. Do pass. House Bill No. 252. Do pass. House Bill No. 303. Do pass. House Bill No. 324. Do pass. House Bill No. 344 Do pass. House Resolution No. 11-2oA. Do pass. House Resolution No. 27-107. Do pass. Senate Bill No. 38. Do pass. Senate Bill No. 37 Do pass. 328 JOURNAL OF THE HOUSE, Senate Bill No. 23. Do pass. Respectfully submitted, Welsch of Cobb, Chairman. By unanimous consent, the following bills and resolutions of the House and . Senate, favorably reported, were read the second time: By Senator Almand of the 27th District- Senate Bill No. 23. A bill to be entitled an Act to provide that any person who shall desecrate the burial place of any human body, with intent to rob, steal, mutilate or maliciously molest the remains of the human body interred therein, shall be punished by death; and for other purposes. By Senator Hill of the 36th District- Senate Bill No. 37 A bill to be entitled an Act to repeal an Act entitled "Meriwether Superior Court-Two Terms" approved March 24, 1939; and for other purposes. By Senator Hill of the 36th District- Senate Bill No. 38. A bill to be entitled an Act to repeal an Act establishing the City Court of Greenville; and for other purposes. By Mrs. Mankin of Fulton- House Resolution No. I 1-2oA. A resolution to relieve Georgia Macris from payment on surety bond upon payment accrued costs; and for other purposes. By Messrs. Vickers of Coffee and Wells of Telfair- Hause Resolution No. 27-107D. A resolution proposing that the bridge which spans the Ocmulgee River between the Counties of Coffee and Telfair be hereafter known as the Milhollin Memorial Bridge, in honor of the untiring efforts of Senator Milhollin; and for other purposes. By Messrs. Grice and Bloodworth of Bibb- House Bill No. 130. A bill to be entitled an Act to provide by and for whom and how a trust may be created; and for other purposes. By Mr. Looper of Dawson- House Bill No. 174 A bill to be entitled an Act to provide for the prevention and spread of contagious and communicable pulmonary and venereal diseases by requiring of applicants for marriage licenses medical certificates showing freedom therefrom; and for other purposes. By Mr. Lester of Richmond- House Bill No. 215. A bill to be entitled an Act to amend Section 67-2002 of the Code of Georgia of 1933 providing how liens are declared and created; and for other purposes. TUESDAY, FEBRUARY n, 1941 By Mr. Smith of Barrow- House Bill No. 232. A bill to be entitled an Act providing for four terms of the Superior Court of Barrow County annually; and for other purposes. By Messrs Etheridge and Kendrick of Fulton, and Hicks and Rogers of Floyd- House Bill No. 236. A bill to be entitled an Act to amend Chapter 84-4 of the Code of Georgia regulating the barber and hairdresser trades in Georgia; and for other purposes. By Mr. Maund of TalbotHouse Bill N~. 252. A bill to be entitled an Act to amend Section 59-105 of the 1933 Code of Georgia which provides for the compensation of Commissioner and Clerks for revising Jury Lists; and for other purposes. By Messrs. Gowen of Glynn, Dyal of Appling, Anderson of Wayne, Bennett of Jeff Davis, and Ferguson of Camden- House Bill No. 303. A bill to be entitled an Act to amend Sections 24-3103 and 24-3104 of the Code of Georgia of 1933, relating to the compensation for the court reporter in the Brunswick Judicial Circuit; and for other purposes. By Mr. Pittman of Berrien- House Bill No. 321. A bill to be entitled an Act to prohibit the use or handling of poisonous snakes or reptiles in such a manner as will endanger the health or safety of the public or any member thereof; and for other purposes. By Messrs. Williams and Hardy of Jackson, Dalton of Banks, and Smith of Barrow- House Bill No. 324. A bill to be entitled an Act to fix the compensation of the official court reporter of the Superior Courts of the Piedmont Circuit of this State; and for other purposes. By Messrs. Lester, Harris, and Jones of Richmond- House Bill No. 336. A bill to be entitled an Act to amend the Charter of the City of Augusta; and for other purposes. By Messrs. Lester, Harris, and Jones of Richmond- House Bill No. 337 A bill to be entitled an Act to amend the Charter of the City of Augusta so as to provide that the tenure Act shall apply to the City Attorney; and for other purposes. By Messrs. Lester, Harris, and Jones of Richmond- House Bill No. 338. A bill to be entitled an Act to amend the Act creating a civil service commission for the City of Augusta so as to provide that no disability incurred in line of duty shall prevent promotions; and for other purposes. By Mr. McClure of Catoosa- House Bill No. 344 A bill to be entitled an Act to require the claimant, upon 33 JOURNAL OF THE HOUSE, the filing of any claim for real estate to annex to his claim affidavit an abstract of the title relied upon for the establishment of such claim; and for other purposes. By Messrs. Goddard and Swint of Spalding- House Bill No. 359 A bill to be entitled an Act to amend an Act approved July 2I, I94I, entitled "An Act to revise and consolidate the Acts granting and amending the Charter of the City of Griffin; and for other purposes. By Messrs. Simmons and Mills of Decatur- House Bill No. 361. A bill to be entitled an Act to authorize the City of Bainbridge to pass certain zoning and planning laws; and for other purposes. By Messrs. Goddard and Swint of Spalding- House Bill No. 362. A bill to be entitled an Act to amend an Act approved July 2I, I92I entitled "An Act to revise and consolidate the several acts of the General Assembly granting and amending the Charter of the City of Griffin"; and for other purposes. By Mr. Walker of Grady- House Bill No. 365. A bill to be entitled an Act to amend the Charter of the City of Cairo; and for other purposes. By Mr. Witherington of Wilcox- House Bill No. 367. A bill to be entitled an Act to amend the Charter of the City of Abbeville; and for other purposes. By unanimous consent, the following bill of the House was withdrawn from the Committee on General Judiciary No. I and recommitted to the Committee on Industrial Relations. By Messrs. Dunaway, Candler, and Turner of DeKalb- House Bill No. 63. A bill to be entitled an Act to amend Section I I4-403 of the Code of I933 so as to provide compensation for injury to employees; and for other purposes. By unanimous consent, the following bill of the House was recommitted to the Committee on General Judiciary No. 1. By Messrs. Welsch and Dorsey of Cobb- House Bill No. 75 A bill to be entitled an Act to amend the Code of I933 per- taining to the method of giving notice of an election to fill the offices of Clerk and Sheriff where a vacancy occurs; to provide for a definition of "vacancy"; to provide for a successor to said officers for the balance of an unexpired term; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: TUESDAY, FEBRUARY u, 1941 33 1 Mr. Speaker: The Senate has passed by the reqms1te constitutional majority the following bills and resolutions of the House and Senate, to-wit: By Mrs. Mankin of Fulton- House Bill No. 21. A bill to prohibit and regulate in Counties of 200,000 the solicitation of votes; and for other purposes. By Mr. Hartness of Fannin- House Bill No. I 24. A bill to incorporate the City of McCaysville; and for other purposes. By Mr. Wells of Clayton- House Bill No. 136. A bill to amend an Act to establish the City Court of Jonesboro in and for the County of Clayton; and for other purposes. By Messrs. Kelley and Mavity of Walker- House Bill No. 163. A bill to amend an Act creating the Board of Roads and Revenue of Walker County so as to empower the commissioner to hire a clerk; and for other purposes. By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton- House Bill No. 171. A bill to establish a County Planning Commission and Board of Zoning Appeals for Fulton County; and for other purposes. By Messrs. Davis and Arnall of Coweta- House Bill No. r81. A bill to provide the County Surveyor of Coweta County with proper equipment and supplies; and for other purposes. By Messrs. Mavity and Kelley of Walker- House Bill No. 221. A bill td reduce the official bond of the Sheriff of Walker County; and for other purposes. By Mr. Wells of Clayton County- House Bill No. 226. A bill to amend an Act, to consolidate and supersede the several Acts incorporating the City of Jonesboro and Acts amendatory thereof, in the County of Clayton, State of Georgia; and for other purposes. By Mr. Moss of Gordon- House Resolution No. 43-239A. A resolution providing that Gordon County reimburse the Tax Commissioner thereof for payment he made of funds stolen from his office; and for other purposes. By Senator Whaley of the 45th District- Senate Bill No. 68. A bill providing for a different date for the commencement of open season for the hunting of game in certain territory of this State by striking 33 2 JOURNAL OF THE HOUSE, from said Act in Section One thereof the words "Telfair, Jeff Davis, and Appling Counties."; and for other purposes. By Senator Odum of the 9th District- Senate Bill No. 69. A bill to require the fiscal officers of each county of the State, in making audits of affairs of said county to make same on uniform schedules or forms prepared by the State Auditor; and for other purposes. The following message was received from the Senate through Mr. Camp, 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. Bloodworth, Weaver, and Grice of Bibb- House Bill No. 35 A bill to consolidate the offices of Tax Collector and Tax Receiver of Bibb County; to create the officer of Tax Commissioner; and for other purposes. By unanimous consent, the following bill of the House was read the third time and placed upon its passage: By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 103. A bill to be entitled an Act to amend the Charter of the City of Atlanta so as to empower the Mayor and Council to pension Mrs. Matt Leonard; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following Constitutional Amendments with local application were read the third time and placed upon their passage: By Messrs. Joiner of Cook and Connell of Lowndes- House Resolution No. 33-I37B. A RESOLUTION 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 SparksAdd Consolidated School District, of Cook County, 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 a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of February 1, 1941, and which becomes due up to and including February I, I945; to provide that the funds raised TUESDAY, FEBRUARY u, I94I 333 from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness, and interest thereon, past due and unpaid on February I, I94I, or which may become due up to and including February I, I945; to provide for the submission of the amendment for ratification by the people; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: SECTION 1. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, as heretofore amended, be further amended by adding at the end thereof a new paragraph, in the following words, to-wit: "And except that Sparks-Adel Consolidated School District of Cook County may issue refunding bonds not in excess of the aggregate sum of $22,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on February I, I94I, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including February I, I945, 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 Sparks-Adel Consolidated School District of Cook County to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of February I, I94I, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including February I, I945 Said refunding bonds shall be issued when authorized by a resolution by the Board of Trustees of Sparks-Adel Consolidated School District, and shall be validated as provided by law." SECTION 2. When this amendment shall be agreed to by a twe-thirds vote of the members of each House, and the "ayes" and "nays" thereon entered upon the Journal of each House, it shall be published and submitted to the people, and the returns and declaration of the result shall be made, in the manner provided by the act approved March 24, I939 (Ga. Laws I939, PP 305-307). SECTION 3 All laws or parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll was called and the vote was as follows: Those voting in the ~ffirmative were Messrs.: Adams Ansley Aiken Allison Anglin Arnall Atkinson Aultman Barber Barlow Bates Bentley 334 Blackshear Blease Bloodworth Bowen Boone Branch Brooks of Mitchell Brooks of Oglethorpe Caldwell Callaway Campbell Candler Clements Connell Cowart Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dyal Easler Edwards Ennis, Marion Etheridge Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gill Gillis Goolsby Graham Gray Grayson Greene Grice Griffin Gross Guerry Hagan JOURNAL OF THE HOUSE, Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Pike Joiner Jones of Richmond Jones of Worth Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Looper Lovett Maddox Mankin Mason Mavity McClure McCracken Mcintosh McEntire Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Rees Richardson Roberts of Gwinnett Roberts of Walton Roughton Rowland Russell Shannon Sheppard Sills Simmons Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Weaver Wells of Burke Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Jackson Willoughby Woods Wren Wright TUESDAY, FEBRUARY u, I94I Those not voting were Messrs.: Anderson Bennett Bradbury Bridges Brinson Bruce Bynum Chastain Culpepper Curry Dallis Dalton Dupree Elliott Ennis, .J. H. Ferguson of Camden Ferguson of Sumter Gavin Goddard Price Gowen Reiser Heard Rich Herrin Rogers .Johnson of Chattahoochee Rossee .Jones of Brantley Sabados .Jones of Dodge Smiley Kaigler Smitha Livingston Southwell Mann Warnock Martin Wells of Clayton Maund Wells of Telfair Maxwell Williams of Harris McNall Williams of Ware Miller Witherington Mills Wohlwender Moss Yawn On the adoption of the resolution, the ayes were I 52, the nays o. The resolution having received the requisite two-thirds constitutional majority was adopted. By Mr. Musgrove of Baker- House Bill No. 239; AN ACT To propose to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph I, of the Constitution of the State of Georgia, incor- porated in the Code of Georgia, I 933, Section 2-5 50I, so as to authorize Baker County 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 and paying of all county warrants and/or county orders, notes, judgments, open accounts and other liquidated and/or unliquidated demands outstanding and unpaid as of January I, 1942, irrespective of the tax levy for the year of 1941, for which Baker County may be liable as principal, guarantor or otherwise, to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the payment and retirement of the indebtedness and obligations for which they are used; to authorize the assessment and collection of an annual tax sufficient to pay the principal and interest of said bonds as they become due; to fix the rate of interest, the date of issuance and other details incident to the issue and sale of said bonds; to provide for an election in Baker County on 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 JOURNAL OF THE HOUSE, enacted by authority of the same, that Article seven (7), Section seven (7), Paragraph one (1), of the Constitution of Georgia, incorporated in the Code of 193~ as Section 2-550I, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph to be worded as follows, ta-wit: "And except; that Baker County 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 $Ioo,ooo.oo for the payment and retirement of the deficit and current indebtedness of Baker County the same being represented by judgments, notes, county warrants and/or county orders, open accounts and other liquidated and/or unliquidated demands for which Baker County may be liable as principal, guarantor or otherwise, outstanding and unpaid as of January I, I942, irrespective of the tax levy of Baker County for the year of I94I and irrespective of the purpose and/or purposes for which said tax levy for the year of I94I was made; and shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they become due. Said serial bonds so issued shall mature in twenty-five (25) annual equal amounts beginning five (5) years from the date of issuance and maturing each year thereafter for a period of twenty-five (25) years. The proceeds of all such bonds so issued by Baker County shall be used exclusively for the purpose of paying and retiring said outstanding and unpaid notes, judgments, open accounts and county warrants and/or county orders, and other liquidated and/or unliquidated demands as of January I, 1942, for which said Baker County may be liable as principal, guarantor or otherwise. Said bonds shall be issued and validated with the assent of a majority of the qualified voters of Baker County, voting in an election, and at an election called therefor, the voters authorized to vote in said bond election shall be those voters who were eligible to vote in the last general election preceding the bond election herein provided for. The necessity for the issuance of said bonds shall be determined by a majority vote of the Commissioners Of the Roads and Revenues of Baker County and the calling of the election for the issuance of said bonds shall be determined by a majority vote of said board of commissioners. It being left in the discretion of said board of commissioners, and not being mandatory on said board to call said election. The Board of Commissioners of Roads and Revenues of Baker County, by a majority vote of said board, is hereby authorized and empowered to fix the rate of interest, not to exceed five (5) per cent. per annum, the date of issuance and all other details incident to the issue and sale of said bonds. Said bonds shall be validated in the manner and under the procedure, in accordance with this amendment, as 1s 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 Tl-:ESDAY, FEBRUARY II, I94I 337 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 Constitutio,n shall have written or printed on their ballots the words "For ratification of an amendment to Article 7, Section 7, Paragraph I, of the Constitution, so as to authorize Baker County to issue bonds for the retirement of indebtedness due and unpaid as of Janu- ary I, I942", 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, then said amendment shall become a part of Article seven (7) Section seven (;), Paragraph one (I) 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 is hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called, and the vote was as follows: Those voting in the affirmative were Messrs.: Anderson A,nglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Boone Branch Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Campbell Candler Chastain Clements Connell Cowart Culpepper Daves Davis Deal Dean Dorsey Drake Dunaway Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Foster of Paulding Foster of Towns Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Gross Guerry Hagan Hand Hardy Harris Harrison Hart Hartness Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Jackson Joiner Jones of Richmond Kaigler 338 JOURNAL OF THE HOUSE, Kendrick Kennedy Key of Jasper Lewis Maddox Mankin Mann Martin Mason Maund McClure McCracken Mcintosh McEntire Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Musgrove Pannell Parker Pettit Pickett Pilcher Pinkston Pittman Price Rees Richardson Roberts of Gwinnett Roberts of Walton Rogers Roughton Rowland Russell Sabados Sheppard Sills Simmons Smith of Barrow Smith of Carroll Smith of Hall Smith of Washington Smitha Strickland Suggs Swint Taft Tappan Thigpen Turner Vickers Walker Weaver Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Ware \Villoughby ~ 7itherington Woods Wren Wright Those not voting were Messrs.: Adams Aiken Allison Bowen Bradbury Bridges Callaway Curry Dallis Dalton Drinkard Dunn Dupree Dyal Ennis, J. H. Forrester Fowler Griffin Harden Hardman Miller Hatchett Moss Heard Phillips Herrin Reiser Ingram Rich Johnson of Chattahoochee Rossee Johnson of Pike Shannon Jones of Brantley Smiley Jones of Dodge Smith of Schley Jones of Worth Southwell Kea of Laurens Thompson Kelley Warnock Lester Wells of Burke Livingston Wells of Clayton Looper Wells of Telfair Lovett Williams of Harris Mavity Williams of Jackson Maxwell Wohlwender McNall Yawn On the passage of the bill, the ayes were 147, the nays o. The bill having received the requisite two-thirds constitutional majority was passed. TUESDAY, FEBRUARY II, 1941 339 By Mr. Clements of Calhoun- House Bill No. 259 A BILL An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph I, uf the Constitution of Georgia, so as to authorize Calhoun County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness 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 Depository 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 expenditures of the various officers and departments of said county other than the Courts thereof; to legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said county for the ensuing year; 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 same: Section 1. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Calhoun County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 Commissioners of Roads and Revenues of said County on the date as determined by the governing authority of said county, which date shall not be earlier than 10 days and not more than 6o days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds." In the event the privilege granted herein is exercised by said county after said date as so determined by said governing authority, said county and th~ governing authority 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, that is at the next monthly meeting after such purchase is made, by checks drawn on the depository or deposi- JOURNAL OF THE HOUSE, tories holding the funds of said county, and in no other way; no such checks to be issued and delivered or any purchase made unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said _governing authority, and countersigned by the clerk of said governing authority of said county, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution, said temporary loans must be repaid during the said fiscal year; with the further right hereby vested in said Board or other equivalent fiscal authority and they are hereby required to budget and limit the cost and expenditures of the various officers and departments of said county to an amount never in excess of income, other than the schools, and the courts thereof and expenses of courts; any existing provision of this Constitution of any law, rule, or resolution of any other board, commission or authority to the contrary notwithstanding. All tax levies for lawful county purposes heretofore made and made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said county's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful county purposes for the then current year for use all or in part in the operation of said county for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said county after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said county, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said county, as may be determined by the date set by the governing authority of said county. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Calhoun County, but without the necessity of an election as in the case of original obligation bonds of said county, and shall then be validated in the manner and un4er the procedure as is provided by law for the validation of original obligation bonds. Sectlon 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 inone 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 ratifi- TUESDAY, FEBRUARY II, I94I cation of amendment to Article 7, Section 7, Paragraph I, of the Constitution, so as to authorize Calhoun County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 I, of the Constitution, so as to authorize Calhoun County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph I, 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. 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 was called and the vote was as follows: Those voting in the affirmative were Messrs: Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blease Bloodworth Bowen Boone Branch Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Campbell Candler Clements Connell Cowart Curry Daves Davis Deal Dean Dorsey Drake Dr;nkard Dunaway Dunn Dupree Easler Edwards Ennis, Marion Etheridge Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gill Gillis Goolsby Gowen Gray Greene Grice Griffin Gross Guerry Hand Harden Hardy Harrison Hart Hartness Hatchett Holtzendorf Hooks Home Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike JOURNAL OF THE HOUSE, '.Joiner Jones of Richmond Jones of Worth Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Maddox Mankin Mann Mason Mauna MaVIt.Y McUlure McCracKen Mcintosh McEntire McNall Mills Mims Mixon Moate Moore ot Lumpkin Moore of Taliaferro Musgrove Pannell ParKer Phillips Pilcher Price Richardson Roughton Russell Sabados Shannon Sheppard Sills Simmons Smith of Barrow Smith of Carroll Smith of Hall Smith of Washington Smitha Strickland Suggs Swint Taft Tappan Turner Walker Weaver Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Woods Wren Those not voting were Messrs.: Adams Aiken Blackshear Heard Iierrin Hicks Rich Roberts of Gwinnett Roberts of Walton Bradbury Bridges Callaway Chastain Culpepper Hogg Jones of Brantley Jones of Dodge Kaigler Livingston Rogers Rossee Rowland Smiley Smith of Schley Dallis Dalton Dyal Elliott Looper Lovett Martin Maxwell Southwell Thigpen Thompson Vickers Ennis, J. H. Ferguson of Camden Gavin Miller Moss Pettit Warnock Wells of Burke Wells of Clayton Goddard Graham Grayson Pickett Pinkston Pittman Wells of Telfair Williams of Jackson Wohlwender Hagan Hardman Rees Reiser Wright Yawn Harris On the passage of the bill, the ayes were 143, the nays o. The bill having received the requisite twa-thirds constitutional majority was passed. TUESDAY, FEBRUARY u, 1941 343 The following bill of the House was taken up for the purpose of considering the Senate Substitute thereto: By Messrs. Bloodworth, Weaver, and Grice of Bibb- House Bill No. 35 A bill to be entitled an Act to consolidate the offices of Tax Collector and Tax Receiver of Bibb County; to create the office of Tax Commissioner; and for other purposes. The following Senate Substitute to I}ouse Bill No. 35 was read: A BILL To be entitled an Act to Consolidate the Offices and Duties of Tax Receiver and Tax Collector of Bibb County, Georgia, So That There Shall No Longer Exist Any Independent Office of Tax Receiver or Tax Collector in Said County; to Create the Office of County Tax Commissioner of Bibb County, Georgia, Who Shall Perform the Duties of Said Two Officers When So Consolidated; to Fix the Term and to Provide for the Fixing of Compensation of Said Office and to Authorize the Determination of What Disposition Shall Be Made of the Fees and Commissions Accruing to Each of Said Offices so Consolidated and to Provide for the Levy and Collection of a Tax Sufficient to Pay the Compensation of Said Officer When so Fixed; to PrOvide that the Laws now or Hereafter of Force Relating to Tax Receivers and Tax Collectors, Except Laws Relating to Compensation of a Tax Receiver and a Tax Collector, Shall Be of Full Force and Effect as to Said County Tax Commissioner So Far as Same are Applicable; to Provide that all Taxes Due at the Time the Provisions of This Act Become Effective and all Fi. Fas. Theretofore Issued Shall Have Full Force and Effect and Be Collectible as Issued; to Provide that all Fees, Commissions, Costs, Percentages, Forfeitures, Penalties, Allowances, and All Other Perquisites of Whatever Kind (Including, Specifically, Fees Received From the State), Whether Accrued on the Effective Date of This Act or Accruing Thereafter That Would Be Paid to or Collected by Either the Tax Receiver or Tax Collector of Bibb County Were it nor for the Prov-isions of This Act, Shall Be Collected By the County Tax Commissioner Herein Provided for the Sole Use of Bibb County and to Be Held as Public Moneys Belonging to Bibb County and Accounted for and Paid Over to Bibb County as Herein Provided; to Provide for Necessary Assistants for Said County Tax Commissioner and Their Salaries and for the Necessary Expense of Said Office; to Provide for the levying of a Tax Sufficient to Pay the Salary of Said County Tax Commissioner and His Assistants and Necessary Expense of Said Office; to Provide for the Election of Said County Tax Commissioner and the Method of Filling Vacancies Therein; to Provide for Said County Tax Commissioner Giving Bond or Bonds for the Faithful Performance of His Official Duties; to Provide for Putting into Effect in Bibb County, the Provisions of the Constitution of This State as Contained in Article I I, Section 3, Paragraph I, Relating to the Consolidation of the Offices and Duties of Tax Receiver and Tax Collector in Any or All of the Counties of the State; to Provide When This Act Shall Become Effective; and for Other Purposes. SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by 344 JOURNAL OF THE HOUSE, authority of the same, that the offices of Tax Receiver and Tax Collector of Bibb County, Georgia, are hereby consolidated so that there shall no longer exist any independent office of Tax Receiver or Tax Collector in said County, but the officer performing the duties of said two offices when so consolidated shall be known as the County Tax Commissioner of Bibb County, Georgia. SECTIO~ 2. Be it further enacted by the authority aforesaid, that the office of County Tax Commissioner of Bibb County, Georgia, is hereby created in lieu of said abolished or consolidated offices, and the rights, duties, and liabilities of said County Tax Commissioner of Bibb County, Georgia, shall be the same as the rights, duties, and liabilities of the Tax Receiver and Tax Collector of said County so far as the same may be applicable, except that all fees, commissions, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind (including, specifically, fees received from the State), whether accrued on the effective date of this Act or accruing thereafter, that would be paid to or collected by either the Tax Receiver or Tax Collector of Bibb County, were it not for the provisions of this Act, shall be collected by the County Tax Commissioner herein provided for, for the sole use of Bibb County, and shall be held as public moneys belonging to Bibb County, and accounted for and paid over to said County on or before the tenth day of each month for the preceding month, at which time a detailed, itemized statement shall be made by the officer under oath showing such collections and the sources from which collected, and the County Treasurer or other custodian or depository of County funds shall keep a separate account showing the sources from which said funds were derived and paid and received. With this exception, all laws now of force relating to Tax Receivers and Tax Collectors are hereby made applicable to said County Tax Commissioner so far as consistent with the provisions of this Act. It is expressly enacted that the County Tax Commissioner hereby created shall never take any benefit by way of compensation under Act approved March 24, 1939, and contained on pages 370, 371, and 372 of the Published Acts of 1939, but all of the commissions accruing to the office of Tax Collector under the terms of said Act shall be collected by the County Tax Commissioner herein provided for as public moneys belonging to Bibb County whether said commissions accrued before or after the effective date of this Act. SECTION 3 Be it further enacted bv the authority aforesaid that all taxes that are due and payable at the time the pro~isions of this Act become effective and all fi. fas. theretofore issued by the Tax Collector of Bibb County, Georgia, shall have full force and effect, and be collectible by the County Tax Commissioner aforesaid. SECTION 4 Be it further enacted by the authority aforesaid that the first election of County Tax Commissioner of Bibb County shall be held at the November general election TUESDAY, FEBRUARY n, I94I 345 in I942, and under the same rules, regulations, and laws governing the election for County officers, except that the Tax Commissioner so elected shall enter upon the duties of his office on January I, I943, and serve for a term of two (2) years, and until his successor is elected and qualifies. Succeeding Tax Commissioners shall be elected at the general election for County officers in the year I944, and quadrennially thereafter, under the same rules, regulations, and laws governing the election for County officers; shall take office on January I, next succeeding his election; and shall serve for a term of four (4) years, and until his successor is elected and qualifies. The provisions of the Code of Georgia of I933, Title 34-26oi-26o7, shall attend such elections and, in case of ties, a new election or elections shall be called by the Ordinary within periods of not less than thirty (30) days, until one person has received a plurality of votes. In all such elections the Ordinary shall determine who has received a plurality of the votes cast, and certify the same to the Governor of the State, who shall issue a commission to the officer so elected. SECTION 5 Be it further enacted by the authority aforesaid that in case of a vacancy in said office after a county Tax Commissioner is first elected hereunder, such vacancy shall be filled in the fcllowing manna: If the vacancy occurs within one (I) year before the expiration of rhe term of such County Tax Commissioner, the vacancy shall be filled by appointment by the Ordinary; In case the vacancy occurs at a time when there remains more (han one (I) year of an unexpired !erm, then a special election shall be called by the Ordinary within forty-five (45) days for the purpose of filling said vacancy, and pending such election the vacancy shall be filled by appointment by the Ordinary. Any officer appointed or elected to said office shall comply with the provisions of this act as to the giving of bond and taking the oath of office, and shall perform all of the duties of said office while he occupies the same a.; required of one elected for the full term of office. Any special election provided herein shall be held upon the same rules, regulations and laws governing special elections to fill vacancies in county offices. SECTION 6. Be it further enacted by the authority aforesaid that before entering upon the duties of his office said County Tax Commissioner shall take and subscribe an oath, including the oath now required of a Tax Receiver and the oath required of a Tax Collector in this State, and shall also give bond and security insofar as State taxes are concerned under the same terms and conditions and in the same manner and in the same amount as are now or may hereafter be required of either the Tax Receiver or Tax Collector, and as to County funds shall give bond in such amount as may from time to time be required by the County Board of Commissioners for the County of Bibb or such officer as may at the time have charge of its fiscal affairs. The bond for County funds shall be in such manner and form as shall be approved by the County Board of Commissioners of said County or other fiscal agent or officer. JOURNAL OF THE HOUSE, SECTIO~ 7 Be it further enacted by authority aforesaid that the County Board of Commissioners for the County of Bibb in conjunction with the Grand Jury of said C::mnty are hereby authorized to fix the compensation of the County Tax Commissioner as herein provided for, except that, for the year 1943, it shall be fixed by the County Board of Commissioners alone. Immediately upon the effective date of this Act, the County Board of Commissioners shall fix the compensation of said County Tax Commissioner for the year 1943, and shall also fix the number of assistants and compensation of the same, which when so fixed, shall be paid to the County Tax Commissioner on a monthly basis, and the County Tax Commissioner shall thereupon immediately pay to his assistants the salaries previously fixed for them by the County Board of Commissioners. For the year 1944 and all subsequent years the salary of said County Tax Commissioner, the number of his assistants and salaries for his assistants, shall be fixed in the following manner: At least ninety (go) days before the first day of January in each year (beginning with January, 1944), the County Tax Commissioner aforesaid shall furnish to the County Board of Commissioners or other County authority having jurisdiction over its fiscal affairs a statement as to the number of assistants or deputies required by said County Tax Commissioner together with his recommendation as to the salaries of such assistants, and thereupon the said County Board of Commissioners or other authority having charge of its fiscal affairs shall fix for the year succeeding the salaries of said County Tax Commissioner the number of assistants and the salaries of said assistants. It is hereby expressly provided that the number of assistants for such County Tax Commissioner shall be fixed and determined by the authority above prescribed, subject to the approval of the Grand Jury as herein provided, but it shall be within the power and authority of said County Tax Commissioner after the beginning of his term of office to designate and name the person or persons who shall be such assistants and to remove them at his will and pleasure. Provided, however, that before the action. of the County Board of Commissioners or other fiscal agent of said County in fixing said salaries and number of assistants shall become effective the same shall be submitted to the Grand Jury then sitting or in the event no Grand Jury is in session at the time of fixing said salaries, the next Grand Jury convening thereafter. It shall be the duty of said County Board of Commissioners or other County authority to submit the schedule of salaries as soon as possible after the said schedule shall have been determined. The first order of business of the Grand Jury to which this Act applies, after the submission by the County Board of Commissioners or other County authority of the salary schedule shall be the consideration of the said schedule. The Grand Jury shall have the power to disapprove the said schedule by two-thirds vote of all the members thereof, but unless the said Grand Jury disapproves the said schedule by the two-thirds vote, the said schedule shall remain as fixed by the said County Board of Commissioners, or other County authority. In the event that the Grand Jury fails to.act upon the said schedule within te!1 (10) days after the submission thereof, then it shall remain as fixed by the County Board of Commissioners or other County authority. In the event the Grand Jury disapproves the schedule of salaries submitted to it by a two-thirds vote as aforesaid, then the foremen of said Grand Jury shall appoint a committee from the said Grand TUESDAY, FEBRUARY II, I94I 347 Jury consisting of as many members as there are members of the said Board of County Commissioners or other County authority, which committee shall meet in joint conference with the said County Board of Commissioners or other County authority fnr the purpose of harmonizing their contentions and determining upon a proper schedule of salaries, and the schedule of salaries approved by a majority of said joint conference committee shall be final. Provided that, except for the year I943, the salary of said County Tax Commissioner and of all of his deputies or assistants and the expense of his office shall not, in the aggregate, exceed for any one (I) year sixty per cent. (6o%) of the fees, costs, commissions, etc., accruing to his office and actually tollected by him and paid into the County Treasury during the preceding year. All commissions for purposes of this limitation shall be figures under the laws of this State relating thereto as applied to the Tax Collector and Tax Receiver of Bibb County immediately prior to I939 SECTIO.\" 8. Be it further enacted by the authority aforesaid that the County Board of Commissioners of said County or other fiscal agent thereof be and is hereby authorized to levy a tax sufficient to pay said salaries as they accrue as well as any necessary expense of the operation of said office where such expense has been approved by said County Board of Commissioners. SECTIO~ 9 Be it further enacted by the authority aforesaid that when the salary of said Countv Tax Commissioner and his assistants has been fixed in the manner herein provid~d; the same, with the payment of the salaries of the assistants to said County Tax Commissioner as herein provided and the approved expense of his office as herein provided, shall constitute the sole and only compensation of the said County Tax Commissioner for the performance of all of the duties of his office, whether under existing laws or laws hereafter enacted. SECTION Io. Be it further enacted by the authority aforesaid that the provisions of this Act shall become effective January I, I 943, except that the provisions hereof respecting the election of a Tax Commissioner and the nece.ssary procedure leading to such election and qualification of such Tax Commissioner shall become effective immediately upon approval of this Act. SECTIO:\' I I. Be it further enacted by the authority aforesaid that should one or more provisions of this Act be declared unconstitutional by a Court of last resort having jurisdiction thereof, then the remaining provisions shall not be effected thereby. SECTION I2. 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, and specifically any and all parts of an Act of the General Assembly of Georgia approved March 24, I939, and appearing on pages 370, J7I, and 372 of the Georgia Laws of I9J9, insofar JOURNAL OF THE HOUSE, as said Act may prescribe the salary or compensation of the Tax Commissiont>r in and for Bibb County, Georgia. On the question of agreeing to the Senate Substitute to House Bill No. 35, the ayes were I07, the nays o. The Senate Substitute having received the requisite majority was agreed to. The following bills of the House were taken up for the purpose of considering the Senate amendments thereto: By Mr. Smiley of Liberty- House Bill No. II 5 A bill to be entitled an Act incorporating the City of Flemington; and for other purposes. The following Senate amendment to House Bill No. 115 was read: The Senate amends House Bill No. I I 5 by adding the following to be known as Section 3 I (a): SECTION 31 (a). BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME, That before this Act shall go into effect, the question of whether said City of Flemington shall be incorporated, shall be submitted to the voters, at an election to be held at H. L. Stacy Store House (Flemington Post Office) on the 5th day of Aprii,194I, between the hours of 12 o'clock M. and 7 o'clock P.M., at which election all persons resident of the Area to be included in the City of Flemington for ninety days or more, and who are otherwise qualified to vote for members of the General Assembly of Georgia, shall be eligible to vote. The election shall be held by H. L. Stacy, D. F. Martin and J. E. Hook, residents of the area of said City of Flemington as herein defined. The election shall be held under the rules and in the manner provided by law for the holding of elections for members of the General Assembly of Georgia, The election managers shall declare the result of said election not later than 8 o'clock P.M. on the date same is held. The clerk of the Superior Court of Liberty County Georgia shall furnish to said election managers, list of all persons qualified to vote in said election, not later than 9 o'clock A.M. on April 5, I941. All voters at said election shall have written or printed on their ballots, "For Incorporation of Flemington" or "Against Incorporation of Flemington". If a majority of the votes cast shall be in favor of the incorporation of said City of Flemington, then this Act shall at once go into effect, but if the election be unfavorable, then the Act shall be null and void. On the question of agreeing to the Senate amendment to House Bill No. I I 5' the ayes were 1I 5, the nays o. The Senate amendment having received the requisite majority was agreed to. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 2I 7 A bill to be entitled an Act to amend the Charter of the City of Fairburn so as to provide a sanitary tax; and for other purposes. TUESDAY, FEBRUARY n, 1941 349 The following Senate amendment to House Bill No. 217 was read: The Senate amends Section 2 by adding the following after the figure "1933" and before the parenthesis in the fourth line of Section 29 of an act approved August 3, 1925 as set forth in said Section 2: "and property which, under the General Laws of the State of Georgia, is required .to be returned to and assessed by the State Revenue Commissioner" On the question of agreeing to the Senate amendment to House Bill No. 217, the ayes were 109, the nays o. The Senate amendment having received the requisite majority was agreed to. The following resolutions of the House were read and adopted: By Messrs. Jones of Richmond, Gross of Stephens, Callaway of Newton, and Mims of Miller- House Resolution No. 70. A resolution inviting Miss Jeannette McDonald to appear before the House Wednesday, February 12, 1941. Under the provisions of House Resolution No. 70, the Speaker appointed as a committee to escort Miss McDonald to the House of Representatives the following members, to-wit: Messrs. Jones of Richmond, Gross of Stephens, Callaway of Newton, and Mims of Miller. By Messrs. Turner of DeKalb and Harrison of Jenkins- House Resolution No. 71. A resolution inviting Miss Sally Rand to appear before the House. Under the provisions of House Resolution No. 71, the Speaker appointed as a committee to escort Miss Rand to the House of Representatives the following!members, to-wit: Messrs. Turner of DeKalb, Harrison of Jenkins, and Looper of Dawson. Under the regular order of business, the following bills of 'the Senate and House were taken up for consideration and read the third time: By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th Districts- Senate Bill No. 6. A bill to be entitled an Act to amend the Act approved February 3, 1938, changing the name of the Prison Commission to the State Prison JOURNAL OF THE HOUSE, and Parole Commission, by further limiting the issuance of paroles by requiring the evidence of satisfactory prison record and approval of the Governor; and for other purposes. Mr. Kea of Laurens moved the previous question, the call was sustained and the main question ordered. The following amendment to Senate Bill ~o. 6 was read and adopted: Messrs. Evans of McDuffie, Culpepper of Fayette, Elliott of Muscogee, Blease of Brooks, and Drinkard of Lincoln. MOVES TO AMEND SENATE BILL NO.6, AS FOLLOWS: By inserting in caption of said bill before the words, "repeals conflicting laws'', the following words, "to provide the manner of electing a chairman and vice chairman of the State Prison and Parole Commission." Amends further by striking from Section I, the following words, "any action of the State Prison and Parole Commission with reference to any parole, probation or pardon shall not be effective unless and until such action is approved by the Governor, and no prisoner shall be released upon parole, probation or pardon unless and until the record in the said case shows that his or her prison record was satisfactory", and inserting in lieu thereof, the following, "any action of the State Prison and Parole Commission with reference to any parole, probation or pardon shall be effective only if approved by a majority of the Board and the Governor, and no prisoner shall be released upon parole unless or until the record in the said case shows that his prison record was satisfactory." Amends further, by adding a new section at the end of Section 4 to be numbered and to read as follows: "Section 4A. That from and after the approval of this act, the State Prison and Parole Commission shall elect one of its members chairman and one vice chairman, and their election or appointment shall not be required to be confirmed by the Senate. Such appointment shall be with the approval of the Governor, and the persons so elected shall serve as chairman and vice chairman respectively, for the period of one year from the time of said appointment; and at the expiration of one year and at the expiration of each year thereafter, another appointment shall be made in the way and manner hereinbefore provided, with the approval of the Governor. 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 137, the nays 1. The bill having received the requisite constitutional majority was passed, as amended. Mr. Gross of Stephens requested that he be recorded in the Journal as voting against Senate Bill No. 6. TUESDAY, FEBRUARY II, I94I JSI By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, and Milhollin of the 46th Districts- Senate Bill No.7 A bill to be entitled an Act to create the office of State Superintendent of Prison Farms; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 28, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of Fayette, and Elliott of Muscogee- House Bill No. 9 A bill to be entitled an Act to create the office of State Superintendent of Prison Farms; and for other purposes. By unanimous consent House Bill No.9 was tabled. By Messrs. Grice, Weaver, and Bloodworth of Bibb- House Bill No. J8. A bill to be entitled an Act to amend Section I I 3-1018 of the Code of Georgia of I933 providing for distribution in kind of estates; and for other purposes. Mr. Pilcher of Warren moved the previous question, the call was sustained and the main question was ordered. The report of the committee,' which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were II 8, the nays o. The bill having received the requisite constitutional majority was passed. Mr. Smitha of Carroll moved that the House do now adojurn, and the motion prevailed. Leaves of absence were granted Messrs. Maxwell of Muscogee and Richardson of Hart. The Speaker announced the House adjourned until tomorrow morning at Io:oo o'clock. JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Wednesday, February 12, 1941. The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain. The roll was called and. the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Home Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of .Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity WEDNESDAY, FEBRUARY 12, 1941 353 McClure McCracken Mcintosh McEntire McNall Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher. Pinkston Pittman Price Rees Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of .Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Spepker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. J. Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 Third Reading and passage of House Resolution No. 2~107D. 6. First reading and reference of Senate Bills. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill and resolution of the Senate, to-wit: 354 JOURNAL OF THE HOUSE, By Senator Edwards of the 6th District and others- Senate Resolution No. 28-1o2A. A resolution providing for a joint committee of two from the Senate and three from the House to investigate the pardons granted by former Governor E. D. Rivers; and for other purposes. By Senator Coxon of the 2nd District- Senate Bill No. 58. A bill authorizing the appointment and prescribing the powers and duties of special policemen for the protection and preservation of public property; and fur other purposes. By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees: By Mr. Rees of Webster- House Bill No. 410. .A bill to be entitled an Act to reduce the bond of the Sheriff of Webster County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Rogers .of Floyd, Gowen of Glynn, Ferguson of Camden, and Ferguson of Sumter- House Bill No. 411. A bill to be entitled an Act to authorize the State Highway Board to construct and maintain airports, landing fields and other air navigation facilities, and to use the right of eminent domain in connection therewith; and for other purposes. . Referred to the Committee on Aviation. By Messrs. Wells of Clayton, Sabados of Dougherty, Moate of Hancock- House Bill No. 412. A bill to be entitled an Act to amend the Act approved March 23, 1935, entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages"; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Inglis of Habersham- House Bill No. 413. A bill to be entitled an Act to amend an Act entitled "An Act to provide for holding four terms a year of the Superior Court of Habersham County"; and for other purposes. Referred to the Committee on General Judiciary No. 1. By Mr. Gowen of Glynn- House Bill No. 414. A bill to be entitled an Act to amend an Act approved February 11, 1937, to create a Board of Commissioners of Roads and Revenue for Glynn County; and for other purposes. Referred to the Committee on Counties and County Matters. WEDNESDAY, FEBRUARY 12, 1941 355 By Messrs. Looper of Dawson, Foster of Towns, Russell of White, Rich of Union, Price of Clarke, Pettit of Bartow, Hunnicutt of Clarke- House Bill No. 415. A bill to be entitled an Act requesting that the members of the General Assembly be given Motor License Plates bearing the word "State Representative", similar to the one given members of the Governor's Staff; and for other purposes. Referred to the Committee on Motor Vehicles. By Messrs. Dorsey of Cobb, Grice of Bibb, Key of Jasper, Gowen of Glynn, Mavity of Walker, Roberts of Walton, and Rogers of Floyd- House Bill No. 4I6. A bill to be entitled an Act to amend and revise the adoption laws set forth in Chapter 74-4 of the Code of 1933, providing for an investigation and report to the Superior Court in which the adoption is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes. Referred to the Committee on Special Judiciary. By Mr. Rossee of Putnam- House Bill No. 417. A bill to be entitled an Act to amend the Act approved September 8, I 879, creating a Board of Commissioners of Roads and Revenues for the County of Putnam; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Hunnicutt and Price of Clarke- House Bill No. 4I8. A bill to be entitled an Act to amend an Act incorporating the Board of Education of Athens, Georgia; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Brooks of Mitchell- House Bill No. 4I9. A bill to be entitled an Act to amend an Act entitled General Tax Act, Georgia Laws of I9J5, Page I I, by adding to Paragraph 7I (a) a provision that owners of machines and devices mentioned therein, which involve no element of chance, may establish places of business in counties and municipalities; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Rowland of Johnson- House Bill No. 420. 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 Wrightsville Consolidated School District of Johnson County to incur a bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to the Constitution No. 1. JOURNAL OF THE HOUSE, By Mr. Anderson of Wayne-- House Bill No. 42I. A bill to be entitled an Act to prohibit the killing, capturing, trapping or taking possession of alligators for a certain period of time, and for other purposes. Referred to the Committee on Game and Fish. By Messrs. Welsch and Dorsey of Cobb- House Resolution No. 72-42IA. A resolution proposing an amendment to Article 7, Section I of the Constitution so as to authorize Cobb County to issue funding bonds; and for other purposes. Referred to the Committee on Amendments to the Constitution No. 2. By Mr. Gross of Stephens- House Bill No. 422. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County; and for other purposes. Referred to the Committee on Counties and County Matters. Mr. Sabados of Dougherty County, Chairman of the Committee on Amendments to Constitution No. I, submitted the following report: Mr. Speaker: Your Committee on Amendments to Constitution No. I have had under con- sideration the following bills and resolutions of the House and Senate and have in- structed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 287. Do pass. House Resolution No. I2-32A. Do pass, by substitute. House Bill No. 355 Do pass. House Resolution No. 58-326A. Do pass. House Bill No. 373 Do pass. House Bill No. 309. Do pass. House Resolution No. 6o-326C. Do pass. House Resolution No. 68-375B. Do pass. House Resolution No. 370. Do pass. House Resolution No. 6I-326D. Do pass. Senate Bill No. 47 Do pass. Senate Resolution No. I6. Do pass. WEDNESDAY, FEBRUARY 12, 1941 357 Senate Resolution No. 21 (68B). Do pass, by substitute. Respectfully submitted, Sabados of Dougherty, Chairman. Mr. Chastain 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. 29. Do pass. Senate Bill No. 71. Do pass. House Bill No. 374 Do pass. House Bill No. 339 Do pass. House Bill No. 368. Do pass. House Bill No. 352. Do pass. House Bill No. 313. Do pass. House Bill No. 348. Do pass. House Bill No. 330. Do pass. House Bill No. 333 Do pass. House Bill No. 350. Do pass. House Bill No. 314. Do pass. House Bill No. 325. Do pass. House Bill No. 334 Do pass. House Bill No. 347 Do pass. House Bill No. 354 Do pass. House Bill No. 323. Do pass. House Bill No. 322. Do pass. House Bill No. 320. Do pass. House Bill No. 397 Do pass. House Bill No. 398. Do pass. House Bill No. 343 Do pass. 358 JOURNAL OF THE HOUSE, House Bill No. 256. Do not pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Barlow of Colquitt County, Chairman of the Committee on General Agriculture No. I, submitted the following report: Mr. Speaker: Your Committee on General Agriculture No. I 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. 286. Do not pass. Respectfully submitted, Barlow of Colquitt, Chairman. Mr. Pannell of Murray County, Chairman uf the Committee on General Judiciary No. r, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. I 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. 6I. Do not pass. House Bill No. I 19. Do pass. House Bill No. 3IO. Do pass. Respectfully submitted, Pannell of Murray, Chairman. Mrs. Guerry of Macon County, Chairman of the Committee on Historical Research, submitted the tollowing report: Mr. Speaker: Your Committee on Historical Research have had under consideration the fol- lowing 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. 57-307D. Do pass. House Resolution No. 59-326 B. Do pass. House Bill No. 353 Do pass. Respectfully submitted, Guerry of Macon, Chairman. WEDNESDAY, FEBRUARY 12, 1941 359 Mr. Roughton of Washington County, Chairman of the Committee on Military Affairs~ submitted the following report: Mr. Speaker: Your Committee on Military Affairs have had under consideration the following 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. 146, as Amended. Do pass. House Bill No. 296. Do pass, by substitute. Respectfully submitted, Roughton of Washington, Chairman. Mr. Dunaway 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. 382. Do pass. House Bill No. 383. Do pass. House Bill No. 384. Do pass. House Bill No. 385. Do pass. House Bill No. 386. Do pass. House Bill No. 387. Do pass. House Bill No. 388. Do pass. House Bill No. 389. Do pass. House Bill No. 401. Do pass. House Bill No. 405. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Wetherbee of Dougherty 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 bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: 36o JOURNAL OF THE HOUSE, House Bill No. 81. Do pass, by substitute. House Bill No. 293 Do pass, by substitute. Respectfully submitted, Wetherbee of Dougherty, Chairman. Mr. Drinkard of Lincoln 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. 326. Do pass. House Bill No. 257 Do not pass. House Bill No. 258. Do not pass. Senate Bill No. 42. Do pass. Senate Bill No. 43 Do pass. Senate Bill No. 22. Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. By unanimous consent, the following bills and resolutiorts of the House and Sennate, favorably reported, were read the second time: By Senator Whaley of the 45th District- Senate Resolution No. 16. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VII Section II, Paragraph IIA of the Constitution of Georgia to exempt certain new industries from the payment of county ad valorem taxes in Telfair County; and for other purposes. By Messrs. Lewis and Wells of Burke, Dallis of Troup- House Resolution No. 12-32A. A resolution proposing to the qualified voters of Georgia, for ratification or rejection, an amendment to Article 5, Section 1, Para- graph 12 of the Constitution of Georgia, so as to limit the Governor's power to grant reprieves and pardons, to commute penalties; and for other purposes. By Senator Harrison of the 23rd District- Senate Resolution 21 (68B). A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph J, Section 4, Article 3 of the Constitution of the State of Georgia so as to provide for annual sessions of the General Assembly; and for other purposes. WEDNESDAY, FEBRUARY 12, 1941 By Senator Houston of the 51st District- Senate Bill No. 22. A bill to be entitled an Act repealing an Act creating and establishing a state-wide general election provided by law; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. 29. A bill to be entitled an Act to amend the Act creating a County Planning Commission for Fulton County; and for other purposes. By Senators Edwards of the 6th, Edenfield of the 4th, Milhollin of the 46th, Whaley of the 45th, Sumner of the Ioth Districts- Senate Bill No. 42. A bill to be entitled an Act to authorize the Commissioner of Agriculture to exercise the powers and duties now imposed by law upon the State Veterinarian; and for other purposes. By Senators Edwards of the 6th, Edenfield of the 4th, Milhollin of the 46th, Whaley of the 45th, Sumner of the Ioth Districts- Senate Bill No. 43 A bill to be entitled an Act to abolish the office of State Veterinarian as created in the Act approved February 17, 1937, (Georgia Laws 1937), and for other purposes. By Senator Kirkland of the 49th District- Senate Bill No. 47 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, as to authorize the Claxton School District of Evans County to incur a bonded indebtedness; and for other purposes. By Senator Drake of the 8th District- Senate Bill No. 71. A bill to be entitled an Act approved March 2, 1935, establishing a city court in and for the county of Miller; and for other purposes. By Mr. Mixon of Irwin- House Bill No. 81. A bill to be entitled an Act to amend the Code, relative to absentee ballots; and for other purposes. By Messrs. Kea of Laurens, Sabados .of Dougherty, Mann of Whitfield, Smith of Carroll, Welsch of Cobb, Atkinson of Chatham, Davis of Coweta- House Bill No. I 19. A bill to be entitled an Act to provide compensation to Attorneys when appointed by the Court to represent defendants in felony cases; and for other purposes. By Mr. Hicks of Floyd- House Bill No. q6. A bill to be entitled an Act to protect the positions and the offices of the employees or office holders in any of the branches of government, whether executive, legislative, or judicial or any branch or department of the Government of the State of Georgia, who shall be called into active service of the armed forces of the United States; and for other purposes. JOURNAL OF THE HOUSE, By Mr. Rowland of Johnson- House Bill No. 287. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7 of the Constitution of Georgia so as to authorize the Adrian (Ist) Consolidated School District to incur a bonded indebtedness; and for other purposes. By Mr. Welsch of Cobb- House Bill No. 293 A bill to be entitled an Act to amend Section 34-I302 of 1933 Code of Georgia relating to election hours; and for other purposes. By Messrs. Roughton of Washington and Bates of Ware- House Bill No. 296. A bill to be entitled an Act to repeal Sections 86-I50I, 86, I 502, 86, I 503 of the Georgia Code of I933, relating to the organization, formation and payment of expenses for a Home Guard or Constabulary; and for other purposes. By Messrs. Ferguson and Suggs of Sumter- House Resolution No. 57-3o7D. A resolution to honor DeSoto by naming a certain Highway "The DeSoto Trail"; and for other purposes. By Messrs. Etheridge of Fulton, Turner, Candler and Dunaway of DeKalb, and Mrs. Mankin of Fulton- House Bill No. 309 A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution authorizing the establishment of Hospital Authorities, etc.; and for other purposes. By Messrs. Etheridge of Fulton, Turner, Candler and Dunaway of DeKalb, -and Mrs. Mankin of Fulton- House Bill No. 3IO. A bill to be entitled an Act to establish Hospital Authori- ties, defining the duties and powers of said authorities; and for other purposes. By Messrs. Atkinson, McNall and Grayson of Chatham- House Bill No. 3I3. A bill to be entitled an Act to authorize the Commissioners of Chatham County and Pension Board, to pension and retire County employees under certain circumstances; and for other purposes. By Messrs. Smith and Roughton of Washington- House Bill No. 3I4. A bill to be entitled an Act to regulate the holding of primary elections for the selection of candidates for the place of representative to the General Assembly from Washington County; and for other purposes. By Mr. Dalton of Banks- House Bill No. 320. A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Banks County, (Ga. Laws, I9I6, pp. 34<1353); and for other purposes. WEDNESDAY, FEBRUARY 12, 1941 By Mr. Wells of Clayton- House Bill No. 322. A bill to be entitled an Act to amend an Act to abolish the office of Tax Collector of Clayton County and to create the office of County Tax Commissioner of said County; and for other purposes. By Messrs. Hardy and Williams of Jackson- House Bill No. 323. A bill to be entitled an Act 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 Jackson County; and for other purposes. By Mr. Wilbanks of Cherokee- House Bill No. 325. A bill to be entitled an Act to authorize any county having a population of not less than 20,120 and not more than 20,IJO inhabitants, to pass zoning and planning laws; and for other purposes. By Messrs. Elliott of Muscogee, Evans of McDuffie, Lovett of Laurens, Culpepper of Fayette, Ennis of Baldwin- House Bill No. 326. A bill to be entitled an,Act to authorize the Governor to lease all or any part of the lands and buildings constituting the State Prison Farm in Baldwin County to the Baldwin County Board of Education for vocational training in cooperation with the NYA; and for other purposes. By Mr. Inglis of Habersham- House Resolution No. 58-326A. A resolution proposing an amendment to Article 8, Section 4, Paragraph 1, of the Constitution of Georgia authorizing the County of Habersham to assume the school indebtedness of the several school districts and municipalities; and for other purposes. By Messrs. Drinkard of Lincoln, Evans of McDuffie, Pannell of Murray, Boone of Wilkinson, and Blease of Brooks- House Resolution No. 59-326B. A resolution to memoralize the National Congress to authorize and direct the Postmaster General of the United States to have printed and issued a stamp bearing the likeness of Thomas E. Watson; and for other purposes. By Mr. Williams of Ware- House Resolution No. 6o-326C. A resolution proposing to the qualified voters for ratification or rejection an amendment to Article 7, of the Constitution of Georgia by adding a new section and paragraph providing for advertising and promoting the agricultural, industrial, historic, etc., facilities and assets of the State; and for other purposes. By Mr. Candler of DeKalb- House Resolution 61-326D. A resolution to authorize the City of Stone Mountain to incur a bonded indebtedness; and for other purposes. JOURNAL OF THE HOUSE, By Mr. Bradbury of Oconee- House Bill No. 330. A bill to be entitled an Act to reduce the official bond of the Sheriff of Oconee County from $ro,ooo.oo to $2,ooo.oo and for other purposes. By Mr. Goddard of Spalding- House Bill No. 333 A bill to be entitled an Act to amend an Act to establish the City Court of Griffin; and for other purposes. By Mr. Goddard of Spalding- House Bill No. 334 A bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Spalding County to create and establish restricted zones or districts; and for other purposes. By Messrs. Lester, Harris, and Jones of Richmond- House Bill No. 339 A bill to be entitled an Act to amend an Act entitled "An Act to change from the fee to the salary system in counties having a population from 76,ooo to 83,000"; and for other purposes. By Messrs. Kea and Lovett of Laurens- House Bill No. 347 A bill to be entitled an Act governing the collection of costs, fines and forfeitures in the City Court of Dublin; and for other purposes. By Mr. Holtzendorf of Ben Hill- House Bill No. 343 A bill to be entitled an Act to amend an Act approved August 15, 1914 (Georgia Laws 1914, p. 232, providing for Commissioners of Roads and Revenue for Ben Hill County; and for other purposes. By Mr. Rowland of Johnson- House Bill No. 348. A bill to be entitled an Act to amend an Act to establish the City Court of Wrightsville in Johnson County; and for other purposes. By Mr. Kea of Laurens- House Bill No. 350. A bill to be entitled an Act to amend an Act approved August 17, 191 r, with reference to the Board of Commissioners of Roads and Revenue of Laurens County; and for other purposes. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 352. A bill to be entitled an Act to amend an Act approved March r8, 1937 entitled an Act to provide for certain powers to make traffic regulations in counties having a population of 200,000 or more; and for other purposes. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 353 A bill to be entitled an Act authorizing a cadastral survey. in all counties; and for other purposes. WEDNESDAY, FEBRUARY I2, I94I By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill :No. 354 A bill to be entitled an Act to provide for compensation of Jury Commissioners and their Clerks in counties having a population of not less than 86,8oo and not more than 86,goo; and for other purposes. By Mr. Horne of Crisp- House Bill No. 355 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 City of Cordele to incur a bonded indebtedness; and for other purposes. By Mr. Aultman of Peach- House Bill No. 368. A bill to be entitled an Act to authorize the fiscal authority in Counties having a population of not less than I0,376 and not more than Io,386, to pay additional compensation, not exceeding $30.00 per month, to the Sheriff for automobile expense; and for other purposes. By Mr. McClure of Catoosa- House Bill No. 370. 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 authorizing the County of Catoosa to issue Funding Bonds; and for other purposes. By Messrs. Kelley and Mavity of Walker- House Bill No. 373 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 Walker County to issue Funding Bonds; and for other purposes. By Mr. Dyal of Appling- House Bill No. 374 A bill to be entitled an Act to abolish the office of TaxReceiver and Tax-Collector of Appling County; and for other purposes. By Messrs. Blackshear, and Smith of Hall- House Resolution No. 68-375B. A resolution so as to authorize the City ot Gainesville to incur bonded indebtedness; and for other purposes. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of FultonHouse Bill No. 382. A bi!l to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta. Referred to the Committee on Municipal Government. By Mr. Kendrick and Mrs. Mankin of Fulton- House Bill No. 383. A bill to be entitled an Act to permit certain outdoor amusements between one and six P.M. C. S. T. in the City of Atlanta; and for other _purposes. J66 JOURNAL OF THE HOUSE, By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 384. A bill to be entitled an Act to amend an Act incorporating the City of Manchester to provide for incorporating same under the name of College Park; and for other purposes. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 385. A bill to be entitled an Act to amend the Charter for the City of Atlanta; and for other purposes. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 386. A bill to be entitled an Act to amend the Charter of the City of Atlanta by amending the Budget Act of the City of Atlanta; and for other purposes. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 387. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta; to repeal conflicting provisions of said Charter in the matter of fixing salaries of officers, etc.; and for other purposes. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 388. A bill to be entitled an Act tt;> extend the City Limits of the City of Atlanta so as to include within its boundary one house in North Morningside; and for other purposes. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 389. A bill to be entitled an Act to repeal obsolete and unused provisions of the Charter of the City of Atlanta; and for other purposes. By Mr. Rich of Union- House Bill No. 397 A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Union; and for other purposes. By Messrs. Yawn and Jones of DodgeHouse Bill ~o. 398. A bill to be entided an Act to amend an Act creating and establishing the office of Commissioner of Roads and Revenues for the County of Dodge; and for other purposes. By Mr. Aiken and Mr. Deal of Bulloch- House Bill No. 401. A bill to be entitled an Act to amend the Charter of the City of Statesboro; and for other purposes. By Messrs. Barber and Barlow of Colquitt- House Bill No. 405. A bill to be entitled an Act to amend the Charter of the City of Moultrie; and for other purposes. WEDNESDAY, FEBRUARY 12, 1941 By unanimous consent, the following bills of the House were withdrawn from the Committee on State of Republic and recommitted to the Committee on Ways and Means: By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 378. A bill to be entitled an Act to levy an excise or privilege tax upon the recording of certain documents; to provide that such tax shall be evidenced by a stamp or stamps; and for other purposes. By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 379 A bill to be entitled an Act to amend the Intangibles Tax Act by declaring that stocks in foreign, domestic and domesticated corporations shall be taxable property; and for other purposes. By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 380. A bill to be entitled an Act to amend Title 92 (Public Revenue}, Division 1 (Sources of Revenue}, Part 9 (Income Taxes), by providing that the net income of the estate or trust shall be computed in same manner as an individual; and for other purposes. The following resolutions of the House were read and adopted: By Mr. Bowen of Pierce-- House Resolution No. 73 A resolution reminding bearersof privileges of the floor cards that same are subject to revocation when found that said bearers are violating Rule 177, which relates to lobbying. By Messrs. Aultman of Peach and Easler of Crawford- House Resolution No. 74 A resolution expressing thanks to the Macon Telegraph and Macon News' for daily papers. By Messrs. Atkinson and McNall of Chatham, Mcintosh of Mcintosh, Smiley of Liberty, Howard of Long, Hunnicutt and Price of Clarke, Looper of Dawson, and Williams of Ware-- House Resolution No. 75 A resolution endorsing National Defense Week. By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage: By Senator Hill of the 36th District- Senate Bill No. 38. A bill to be entitled an Act to repeal an Act establishing the City Court of Greenville approved March 24, 1939; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. JOURNAL OF THE HOUSE, On the passage of the bill, the ayes were 103, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Lester, Harris, and Jones of RichmondHouse Bill No. 336. A bill to be entitled an Act to amend the Charter of the City of Augusta so as to provide for a Commissioner 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Lester, Harris, and Jones of RichmondHouse Bill No. 337 A bill co be entitled an Act to amend th:! Charter of the City of Augusta so as to provide that the tenure Act shall apply to the City Attorney; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Lester, flarris, and Jones of Richmond- House Bill No. 338. A bill to be entitled an Act to amend the Act creating a civil service commission for the City of Augusta so as to provide that no disability incurred in line of duty shall prevent promotions; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Goddard of SpaldingHouse Bill No. 359 A bill to be entitled an Act to amend the Charter of the City of Griffin so as to repeal the Pension Acr thereof and to empower the Board of Education to establish a pension system for teachers; and for other purpos~s. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. WEDNESDAY, FEBRUARY 12, 1941 By Messrs. Simmons and Mills of Decatur- House Bill No. 361. A bill to be entitled an Act to authorize the City of Bainbridge to pass certain 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 108, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Goddard of Spalding- House Bill No. 362. A bill to be entitled an Act to amend the Charter of the City of Griffin; to repeal the Griffin Retirement Pensions Act and instituting a new pension 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 IIO, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Walker of GradyHouse BillNo. 365. A bill to be entitled an Act to amend the Charter of the City of Cairo; to authorize the City of Cairo to condemn private property for public use; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Witherington of WilcoxHouse Bill No. 367. A bill to be entitled an Act to amend the Charter of the City of Abbeville so as to change the term of Mayor to two years and provide that city clerk and treasurer shall be elected by Mayor and Council; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I I, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following resolution of the House was taken up for consideration and read the third time: By Messrs. Vickers of Coffee and Wells of TelfairHouse Resolution No. 27-I07D. A resolution naming the bridge which spans 370 JOURNAL OF THE HOUSE, the Ocmulgee River between the Counties of Coffee and Telfair the Milhollin Memorial Bridge; and for other purposes. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were II2, the nays o. The resolution having received the requisite constitutional majority was adopted. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senators Kiker of the 41st, Cannon of the 4oth, Whaley of the 45th Districts- Senate Resolution No. IJ. A resolution authorizing and directing the Surveyor General of the State of Georgia to survey the State line between Georgia and North Carolina and Georgia and Tennessee. Referred to the Committee on Historical Research. By Senator Coxon of the 2nd District- Senate Bill No. 58. A bill to be entitled an Act authorizing the appointment and prescribing the powers and duties of special policemen for the protection and preservation of public property; and for other purposes. Referred to the Committee on Military Affairs. By Senator Whaley of the 45th District- Senate Bill No. 68. A bill to be entitled an Act to amend Section 45-308 of the Code of Georgia, providing for a different date for the commencement of open season for the hunting of game in certain territories of this State; and for other purposes. Referred to the Committee on Game and Fish. By Senators Edwards of the 6th, Guyton of the 1st, Holr of the 48th, Whaley of the 45th, Sumner of the 1oth District, and many others- Senate Resolution No. 28-102A. A resolution providing for a joinr committee of two from the Senate and three from the House to investigate the pardons granted by former Governor E. D. Rivers; and for other purposes. Referred to the Committee on State of Republic. By Senator Odum of the 9th District- Senate Bill No. 69. A bill to be entitled an Act to require the fiscal officers of each county of the State, in making audits of affairs of said county to make same on uniform schedules or forms prepared by the State Auditor; and for other purposes. Referred to the Committee on Public Printing. By Senator Drake of the 8th District- Senate Bill No. 70. A bill to be entitled an Act to amend an Act to Consolidate WEDNESDAY, FEBRUARY 12, 1941 37 1 and Supersede the Acts incorporating the City of Colquitt; and for other purposes. Referred to the Committee on Municipal Government. Under the regular order of business the following bills and resolutions of the House and Senate were taken up for consideration and read the third time: By Mrs. Mankin of Fulton- House Resolution No. 11-2oA. A resolution to relieve George Macris from payment on surety bond upon payment of accrued costs. 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 132, the nays 3 The resolution having received the requisite constitutional majority was adopted. The following message was received from His Excellency, Eugene Talmadge, Governor: EXECUTIVE DEPARTMENT ATLANTA February 12, 1941. EuGENE TALMADGE Governor MESSAGE TO THE HOUSE OF REPRESENTATIVES: The State Highway Department is embarrassed by continual demands from contractors and material men, requesting payment of current bills due. Some of the. contractors in the State inform me that they have about reached their limit in arranging loans and extension of loans at the banks, although the bills due them by the Highway Department have been approved. There are around Four Million Dollars ($4,ooo,ooo) of certificates issued under an order of the old Highway Board, they bear the legal rate of interest-which is seven percent. These certificates have been invalidated by the present Highway Board, and the parties to whom these certificates were issued have been notified to that effect. The holders of these certificates formerly issued are reluctant to deliver them to the Highway Board until they can be issued other certificates for the same indebtedness. House Bill No. 157, providing for authority by the State Highway Department to issue certificates of indebtedness on approved accounts not bearing interest, will enable the creditors of the Highway Department to finance their claims, and will 372 JOURNAL OF THE HOUSE, relieve a great embarrassment to the Highway Department of Georgia, and the present administration. I will appreciate your early consideration of House Bill No. 157, which I am of the opinion will relieve the situation as above outlined. Respectfully, Eugene Talmadge, Governor. By unanimous consent, a meeting of the Committee on Rules was called. By unanimous consent, the House recessed, subject to the call of the Speaker. The Speaker called the House to order. The following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules, having had under consideration the matter of putting on its passage House Bill No. 157, as requested by the Governor, submit the following report: Your Committee recommends that House Bill No. 157 be placed at the head of the Calendar for today's session. This February I'lth, 1941. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. The report of the Committee on Rules was adopted. 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. Lovett of LaurensHouse Bill No. I 57 A bill to be entitled an Act providing for the auditing of claims against the Highway Department and approval of such claims for payment by the Highway Chairman, Governor and State Auditor; and for other purposes. Mr. Hartness of Fannin moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 137, the nays o. The bill having received the requisite constitutional majority was passed. Under the regular order of business, the following bills of the Senate were taken up for com;ideration and read the third time: By Senator Sumner of the Ioth DistrictSenate Bill No. 21. A bill to be entitled an Act to require registration of guests WEDNESDAY, FEBRUARY I2, I94I 373 under theit true names at tourist camps, or like places by whatever name called; to provide penalties for violation; and for other purposes. Mr. Caldwell of Troup moved the previous question, the call was sustained and the main question ordered. The following amendment to Senate Bill No. 2I was read and adopted: Messrs. Hartness of Fannin and Sills of Candler move to amend Senate Bill No. 2I by adding to the end of Section I the following: The same shall also apply inside municipalities. The following amendment to Senate Bill No. 2I was read and adopted: Mr. Davis of Coweta moves to amend Senate Bill No. 21. By adding a new section requiring all operators of tourist camps to take a picture of all guests, if any be caught in the nude. Mr. Etheridge of Fulton moved that the House reconsider its action in adopting the Davis amendment, and the motion prevailed. The Davis amendment was lost. An amendment by Mr. Drinkard of Lincoln was read and lost. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, the ayes were IOI, the nays I 1. The bill having failed to receive the requisite constitutional majority was lost. Mr. Ford of Worth gave notice that at the proper time he would move that the House reconsider its action in failing to pass Senate Bill No. 21. By Senator Almand of the 27th District- Senate Bill No. 23. A bill to be entitled an Act to provide that any person who shall desecrate the burial place of any human body, with intent to rob, steal, mutilate or maliciously molest the remains of the body interred therein, shall be punished by death, or life imprisonment if the jury so recommends; and for other purposes. Mr. Williams of Bacon moved the previous question, the call was sustained and the main question ordered. The following amendment to Senate Bill No. 23 was read and adopted: Mr. Weaver of Bibb moves to amend Senate Bill No. 23 by adding the following words at the end of Section I thereof: "Provided nevertheless, the provisions of this Act shall not apply to persons excavating Indian Mounds or burial places of the aborigines of this country in the interest of the science of Archaeology or related sciences, and provided it shall have no application to disinterments under Court order; in connection with Court proceedings or postmortems;" and to amend the caption accordingly. 374- JOURNAL OF THE HOUSE, The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 128, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Park of the I 9th District- Senate Bill No. 26.- A bill to be entitled an Act to require the Highway Commission of Georgia to give to the counties of Georgia the right to bid and improve the public roads in the State; and for other purposes. The following amendment to Senate Bill No. 26 was read and adopted: Mr. Harris of Richmond moves to amend Senate Bill No. 26 by striking from line six of Section I the word "or" where it appears before the words "Competitive bids" and insert in lieu thereof the word "on". An amendment by Mr. Johnson of Pike was read and lost. An amendment by Mr. Howard of Long was read and lost. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 32, the nays 93 Th~ bill having failed to receive the requisite constitutional majority was lost. By unanimous consent, the following bill of the House was ordered immediately transmitted to the Senate: By Mr. Lovett of Laurens- House Bill No. I 57 A bill to be entitled an Act providing for the auditing of claims against the Highway Department and approval of such claims for payment by the Highway Chairman, Governor and State Auditor; and for other purposes. Mr. Culpepper of Fayette moved that the House do now adjourn, and the motion prevailed. Leave of absence was granted Mr. Maund of Talbot. The Speaker announced the House adjourned until tomorrow morning at ro:oo o'clock. THURSDAY, FEBRUARY 13, 1941 375 Representative Hall, Atlanta, Georgia, Thursday, February 13, 1941. The House met pursuant to adjournment this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain. Mr. Ingram of Forsyth asked unanimous consent that the call of the roll be dispensed with, and objection was heard. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of PaUlding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hagan Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike J01ner Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley' Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper 376 JOURNAL OF THE HOUSE, Lovett Maddox Mankin Martin Mason Mavity McClure McCracken Mcintosh McEntire McNall Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Reiser Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions l.lllder the rules of the House. '2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First reading and reference of Senate Bills. By unanimous consent, the following bills and resolutions were introduced read the first time, and referred to the committees: THURSDAY, FEBRUARY 13, 1941 377 By Messrs. Harris and Jones of Richmond- House Bill No. 423. A bill to be entitled an Act to amend Section 40-1801 of the Code of Georgia of 1933, authorizing the Governor to appoint a State Auditor by providing that the State Auditor shall be elected by the General Assembly for a term of four years; and for other purposes. Referred to the Committee on State of Republic. By Mr. Dunn of Lamar- House Bill No. 424. A bill to be entitled an Act to amend the Charter of the City of Barnesville; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Daves of Dooly- House Bill No. 425. A bill to be entitled an Act to amend an Act approved August 13, 1929 creating a Board of Commissioners of Roads and Revenues for the County of Dooly; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Shannon of Twiggs- Hause Bill No. 426. A bill to be entitled an Act to amend Section 85-1607 of the Georgia Code of 1933 relating to the return by processioners by providing for transmission of such return to the clerk of the Superior Court; and for other purposes. Referred to the Committee on General Judiciary No. I. By Messrs. Goddard and Swint of Spalding- House Bill No. 427. A bill to be entitled an Act to reduce the bond of the Sheriff of Spalding County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Wells and Lewis of Burke-- House Bill No. 428. A bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke, etc."; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Roughton and Smith of Washington, Anderson of Wayne, Rowland of Johnson, Kea of Laurens, Heard of Elbert, and Bennett of Jeff Davis- House Bill No. 429. A bill to be entitled an Act to amend certain parts of Section 92-1402, of the Code of Georgia, 1933, relating to the distribution of revenue derived from the Motor Fuel Tax; and for other purposes. JOURNAL OF THE HOUSE, Referred to the Committee on Ways and Means. By Mr. Dyal of Appling- House Bill No. 430. A bill to be entitled an Act to amend an Act to amend the Charter of the City of Baxley; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Ferguson of Camden, Gowen of Glynn, and Rogers of Floyd- House Bill No. 431. A bill to be entitled an Act to authorize the creation of the State Defense Aviation Corps, to define its powers, duties and restrictions; and for other purposes. Referred to the Committee on Aviation. By Messrs. Ford and Jones of Worth- House Bill No. 432. A bill to be entitled an Act to amend an Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Wilbanks of Cherokee- House Bill No. 433 A bill to be entitled an Act to establish a new Charter for the City of Canton; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Brinson of Chattooga- House Bill No. 434 A bill to be entitled an Act to establish the City Court of Chattooga County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Williams and Hardy of JacksonHouse Bill No. 435 A bill to be entitled an Act to amend an Act incorporating the City of Commerce; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Rogers, Hicks, and Maddox of FloydHouse Bill No. 436. A bill to be entitled an Act to amend an Act to provide for the organization of, or the regulation and taxation on incorporated mutual or co-operative fire insurance companies; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Kea of LaurensHouse Bill No. 437 A bill to be entitled an Act to amend an Act creating the THURSDAY, FEBRUARY I3, I94I, 379 Board of Commissioners of Roads and Revenues for the County of Laurens; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Bowen of Pierce- House Bill No. 438. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 6, Section I7, Paragraph I so as to vest in the City and County Courts of the State of Georgia the power to change the venue in civil and criminal cases; and for other purposes. Referred to the Committee on Amendments to Constitution No. I. By Messrs. Lester, Harris and Jones of Richmond, Gowen of Glynn, and Wetherbee of Dougherty- House Bill No. 439 A bill to be entitled an Act to amend Title 92 (Public Revenue), division I, (Sources of Revenue), Part IX (Income Taxes) of the Code of Georgia of I933, so as to define residents; and for other purposes. Referred to the Committee on \Vays and Means. By Messrs. Allison and Roberts of Gwinett- House Bill No. 440. A bill to be entitled an Act to amend an Act creating a new Charter and Municipal Government for the City of Buford; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton- House Bill No. 441. A bill to be entitled an Act to amend the pension system for Fulton County Police to provide a pension for J. W. Ball, Sr.; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Bill Ko. 442. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta. Referred to the Committee on Municipal Government. By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton- House Bill No. 443 A bill to be entitled an Act to amend an Act establishing a Charter for the City of Atlanta permitting leaves of absences during Military Service for all except elected officials. Referred to the Committee on Municipal Government. By Messrs. Allison of Gwinett, Brinson of Chattooga, Williams of Bacon, Smith of Hall, Moore of Lumpkin, Pannell of Murray, and Gowen of Glynn- J80 JOURNAL OF THE HOUSE, House Bill No. 444 A bill to be entitled an Act to provide for appointment of Commissioners to determine the compensation to which the owner or owners of property sought to be condemned for the construction or improvement of a public road by the United States of America, or by the State of Georgia, or by an agency or authority thereof; and for other purposes. Referred to the Committee on General Judiciary No. I. By Messrs. Allison of Gwinett, Williams of Bacon, Whipple of Bleckley, Smith of Hall, Moore of Lumpkin, Pannell of Murray, Brinson of Chattooga, and Gowen of Glynn- House Bill No. 445 A bill to be entitled an Act to require the various counties of the State of Georgia to procure all rights-of-way for any public road or roads upon which State or Federal funds are to be expended for the construction and improvement of same; and for other purposes. Referred to the Committee on Public Highways No. I. By Messrs. Bowen of Pierce and Jones of Brantley- Hause Bill No. 446. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" to allow additional mileage for the counties of Pierce and Brantley; and for other purposes. Referred to the Committee on Public Highways No. I. By Mr. Gross of Stephens- House Bill No. 447 A bill to be entitled an Act to amend an Act approved December 20, 1897, incorporating the City of Toccoa; and for other purposes. Referred to the Committee on Municipal Government. By Mr. McClure of Catoosa- House Resolution No. 76-446A. A resolution that the Department of Public Safety be directed to pay the County of Catoosa such sum not exceeding $500.00 as may be necessary to reimburse Catoosa County for the hospitalization of the said Charles Coates; and for other purposes. Referred to the Committee on Special Appropriations. MJ- Hatchett of Meriwether County, Chairman of the Committee on Educa- tion ~o. I, submitted the following report: Mr. Speaker: Your Committee on Education No. I 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. 2IO. Do not pass. House Bill No. 392. Do pass. THURSDAY, FEBRUARY 13, 1941 Senate Bill No. 49 Do pass. Respectfully submitted, Hatchett of Meriwether, Chairman. Mr. Ferguson of Camden 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. 50. Do not pass. House Bill No. 185. Do pass, by substitute. House Bill No. 202. Do pass. House Bill No. 381. Do pass. House Bill No. 409 Do pass. Respectfully submitted, Ferguson of Camden, Chairman. Mr. Williams of Bacon County, Chairman of the Committee on Interstate Co- operation, submitted the following report: ' Mr. Speaker: Your Committee on Interstate Co-operation 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. 249 Do pass. House Bill No. 250. Do pass. House Bill No. 251. Do pass. Respectfully submitted, Williams of Bacon, Chairman. Mr. Wetherbee of Dougherty 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: 382 JOURNAL OF THE HOUSE, House Bill No. 403. Do pass. Respectfully submitted, Wetherbee of Dougherty, Chairman. Mr. Strickland of Haralson County, Chairman of the Committee on Public Highways No. I, submitted the following report: Mr. Speaker: Your Committee on Public Highways No. I 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. 89. Do pass. House Bill No. 295 Do pass. House Bill No. 358. Do pass. Respectfully submitted, Strickland of Haralson, Chairman. Mr. Edwards of Taylor County, Chairman of the Committee on Public Highways J\'o. 2, submitted the following report: Mr. Speaker: Your Committee on Public Highways No. 2 have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 297 Do not pass. House Bill No. 364. Do pass. House Bill No. 375 Do pass. Senate Bill No. 92. Do pass. Respectfully submitted, Edwards of Taylor, Chairman. Mr. Whipple of Bleckley County, Chairman of the Committee on Temperance, submitted the following report: Mr. Speaker: Your Committee on Temperance have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 393 Do pass. THURSDAY, FEBRUARY 13, 1941 House Bill No. 248. Do pass, by substitute. Respectfully submitted, Whipple of Bleckley, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Fortson of the 5oth District- Senate Bill No. 49 A bill to be entitled an Act to amend Section 32-917 of the Code of Georgia providing for the consolidation of school districts, for the holding of elections to pass on such consolidations; and for other purposes. By Messrs. Vickers of Coffee and Holtzendorff of Ben Hill- House Bill No. 89. A bill to be entitled an Act to amend an Act approved August 20, 1929 designating the Highway mileage by adding additional mileage in Coffee and Ben Hill Counties; and for other purposes. By Mr. Vickers of Coffee- House Bill No. 92. A bill to be entitled an Act to amend an Act designating the Highway mileage by adding additional mileage in Coffee County; and for other purposes. By Messrs. Heard of Elbert and Richardson of HartHouse Bill No. 18~. A bill to be entitled an Act to amend Section 45-505 of the Georgia Code of I9JJ, relating to methods of taking fish in this State; and for other purposes. By Messrs. Goolsby of Monroe, Dunn of Lamar, and Swint and Goddard of Spalding- House Bill No. 202. A bill to be entitled an Act to authorize free fishing with hook in lakes located in Counties of Monroe, Butts and Lamar; and for other purposes. By Mr. Daves of Dooly:._ House Bill No. 248. A bill to be entitled an Act to repeal an Act legalizing and providing for the control, sale, manufacture, importation, distribution and storage of alcoholic beverages and liquors in Georgia; and for other purposes. By Mr. Williams of Bacon- House Bill No. 249. A bill to be entitled an Act to make uniform the law on fresh pursuit, and authorizing this state to cooperate with other states therein; and for other purposes. By Mr. Williams of Bacon- House Bill No. 250. A bill to be entitled an Act to provide for intra-state fresh pursuit of criminals; and for other purposes. JOURNAL OF THE HOUSE, By Mr. Williams of Bacon- House Bill No. 251. A bill to be entitled an Act to secure the attendance of witnesses from within or without a state in criminal proceedings. By Messrs. Gray of Houston, Dupree of Pulaski, Bloodworth of Bibb- House Bill No. 295 A bill to be entitled an Act entitled "Highway Mileage" by adding additional mileage in Houston County. By Messrs. Greene of Jones and Goolsby of Monroe- House Bill No. 358. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding additional mileage in Jones and Monroe Counties; and for other purposes. By Messrs. McClure of Catoosa and Kelley and Mavity of Walker- House Bill No. 364. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding additional mileage to Catoosa and Walker Counties; and for other purposes. By Mr. Kaigler of Quitman- House Bill No. 375 A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by adding additional mileage to Quitman County; and for other purposes. By Mr. Mims of Miller- House Bill No. 381. A bill to be entitled an Act to repeal Section 26-6908 of the Code of Georgia of 1933 making it illegal to fish on the Sabbath Day; and for other purposes. By Messrs. Hatchett and Thompson of Meriwether, Caldwell of Troup, Ford of Worth, and Whipple of Bleckley- House Bill No. 392. A bill to be entitled an Act to amend Section 32-919 of the Code of Georgia of 1933, relating to the transportation of pupils and teachers to and from the public schools of this State; and for other purposes. By Mr. Mixon of Irwin- House Bill No. 393 A bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to legalize and Control Alcoholic Beverages and Liquors"; and for other purposes. By Messrs. Rogers, Maddox and Hicks of Floyd and Brinson of Chattooga- House Bill No. 403. A bill to be entitled an Act to amend Section 34-1302 of the Code of Georgia relating to "Elections, how and when held''; and for other purposes. By Messrs. Mcintosh of Mcintosh, McNall, Grayson, and Atkinson of Chatham, and Gill of Bryan- THURSDAY, FEBRUARY IJ, 1941 House Bill No. 409. A bill to be entitled an Act to amend Part V, Chapter 45 of the Code of Georgia in reference to taking shrimp and shad fish from the waters of the State; and for other purposes. By unanimous consent, the following resolution of the Senate was withdrawn from the Committee on Amendments to the Constitution No. 2 and recommitted to the Committee on Amendments to the Constitution No. 1: By Senators Gross of the 2oth and Mason of the 30th Districts- Senate Resolution No. 19. A resolution to amend the Constitution of Georgia so as to exempt from all taxation, state, county, municipal, school district, and political or territorial subdivision of the state having the authority to levy taxes, all cooperative, non-profit, membership corporations organized in this State for the purpose of engaging in rural electrification, and all of the real and personal property owned or held by such corporations for such purposes; and for other purposes. By unanimous consent, the following resolution of the House was withdrawn from the Committte on General Judiciary No. 1 and recommitted to the Committee on Special Appropriations: By Mr. Turner of DeKalb- House Resolution No. 48-259C. A resolution for the relief and refund of unconstitutional taxes paid to the State of Georgia; and for other purposes. The following bill of the house was placed on the calendar for the purpose of considering the unfavorable report of the Committee on Public Highways No. 2. By Mr. Etheridge of Fulton- House Bill No. 297 A bill to be entitled an Act to repeal an Act approved August 27, I9JI, Acts of the General Assembly of Georgia, I9JI, so as to minimize advertising structures along the highways; and for other purposes. Mr. Ford of Worth moved that the House reconsider its action in failing to pass the following bill of the Senate: By Senator Sumner of the roth District- Senate Bill No. 21. A bill to be entitled an Act to require registration of guests under their true names at tourist camps; and for other purposes. On the motion to reconsider Mr. Ford of Worth moved the ayes and nays and the call was sustained: On the motion to reconsider the roll was called and the vote was as follows: Those voting ~n the affirmative were Messrs.: Allison Anderson Anglin Arnall Atkinson Barber Barlow Bates Bennett Blackshear Bloodworth Bradbury Branch Bridges Brooks of Mitchell J86 JOURNAL OF THE HOUSE, Caldwell Callaway Campbell Clements Culpepper Dalton Daves Deal Dean Dorsey Drinkard Dunaway Dupree Dyal Elliott Ennis, J. H. Etheridge Ferguson of Camden Ferguson of Sumter Ford Foster of Paulding Gaston Gill Gillis Goddard Goolsby Gowen Graham Greene Grice Griffin Gross Guerry Harden Hardman Hardy Harris Harrison Hart Hatchett Rees Heard Richardson Hicks Roberts of Gwinnett Holtzendorf Roughton Hooks Russell Horne Sabados Howard Shannon Hunnicutt Sheppard Inglis Sills Ingram Simmons Jackson Smith of Carroll Johnson of Chattahoochee Smith of Hall Johnson of Pike Smith of Schley Joiner Smith of Washington Jones of Richmond Smitha Kea of Laurens Southwell Kendrick Strickland Key of Jasper Suggs Lester Swint Livingston Taft Lovett Vickers Maddox Walker Mankin Weaver Martin Wells of Clayton Mason Wells of Telfair Mavity Welsch McClure Wetherbee Mcintosh Whipple McEntire Williams of Bacon Mills Williams of Jackson Moate Williams of Ware Moore of Taliaferro Willoughby Moss Witherington Parker Wohlwender Pettit Woods Pilcher Wren Pinkston Wright Pittman Yawn Price Those voting in the negative were Messrs.: Aiken Ansley Aultman Connell Cowart Dallis Davis Drake Dunn Easler Edwards Foster of Towns Grayson Hand Kaigler Lewis McCraken Mims Pickett Rich Roberts of Walton THURSDAY, FEBRUARY IJ, 1941 J87 Rogers Rowland Tappan Thigpen Thompson Wells of Burke Wilbanks Those not voting were Messrs.: Adams Bentley Blease Bowen Boone Brinson Brooks of Oglethorpe Bruce Bynum Candler Chastain Curry Ennis, Marion Forrester Fowler Fuller Gavin Gray Hagan Hartness Herrin Hogg Jones of Brantley Jones of Dodge Jones of Worth Kelley Kennedy Looper Mann Maund Maxwell McNall Miller Mixon Moore of Lumpkin Musgrove Pannell Phillips Rees Reiser Rossee Smiley Smith of Barrow Turner Warnock Williams of Harris On the motion to reconsider, the ayes were IJO, the nays 28. The House reconsidered its action in failing to pass Senate Bill No. 21. By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage: By Senator Drake of the 8th District- Senate Bill No. 71. A bill to be entitled an Act to amend the Act approved March 2, 1935, establishing a city court in and for Miller County, by changing the method of compensating the Solicitor of said court from a fee basis to a salary basis; and for other purposes. The following amendment to Senate Bill No. 71 was read and adopted: Mr. Mims of Miller moved to amend Senate Bill N~. 71 as follows: 1. By inserting in line fourteen (14), after the fourth word of said line, the following proviso: "Provided, however, that the Solicitor of said court shall be entitled to receive all fees earned before the effective date of this Act." 2. By adding at the end of Section 1, the following proviso: "This Act shall become effective on the Ist day of March, 1941 ". The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. J88 JOURNAL OF THE HOUSE, On the passage of the bill, as amended, the ayes were 103, the nays o. The bill having received the requisite constitutional majority was passed as amended. By Messrs. Atkinson, McNall, and Grayson of Chatham- House Bill No. 313. A bill to be entitled an Act to authorize and empower the Commissioners of Chatham County to create a Pension Board; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Smith and Roughton of Washington- House Bill No. 314. A bill to be entitled an Act to regulate the holding of primary elections in Washington County so as to provide for the designation by candidates at such primaries of the place for which they seek nomination; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Dalton of Banks- House Bill No. 320. A bill to be entitled an Act to amend the Act creating the Board of Commissioners of Banks County by providing for qualification of candidates for Board of Commissioners, and for the election of all members of said board; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Wells of Clayton- House Bill No. 322. A bill to be entitled an Act to amend an Act to abolish the office of Tax Collector and Tax Receiver of Clayton County, and to create the office of Tax Commissioner thereof so as to empower said Tax Commissioner to hire a clerk; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, FEBRUARY I], I94I On the passage of the bill, the ayes were I07, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Hardy and Williams of Jackson- House Bill No. 323. A bill to be entitled an Act to provide the ma.nner in which Justices of the Peace and Notaries Public shall be compensated in criminal court in Jackson County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I08, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Bradbury of Oconee- House Bill No. 330. A bill to be entitled an Act to reduce the bond of the Sheriff of Oconee 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 I09, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Goddard of Spalding- House Bill No. 333 A bill to be entitled an Act to amend the Act establishing the City Court of Griffin so as to change the term of the Solicitor from two to four years; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I IO, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Goddard of Spalding- House Bill No. 334 A bill to be entitled an Act to empower the Board of County Commissioners of Spalding County 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 I I 1, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Holtzendorff of Ben Hill- JOURNAL OF THE HOUSE, House Bill No. 343 A bill to be entitled an Act to amend the Act establishing a Board of Commissioners of Roads and Revenues for Ben Hill County by increasing the membership on said Board; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I3, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Kea and Lovett of LaurensHouse Bill No. 347 A bill to be entitled an Act governing the collection of costs, fines and forfeitures in the City Court of Dublin, and disbursement of same; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was 'agreed to. On the passage of the bill, the ayes were I I 2, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Rowland of JohnsonHouse Bill No. 348. A bill to be" entitled an Act to amend an Act entitled "An Act to establish the City Court of Wrightsville" so as to provide that the County Commissioners of Johnson County shall furnish the Judge and Solicitor of the City Court of Wrightsville with offices; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I4, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Kea of LaurensHouse Bill No. 350. A bill to be entitled an Act to amend the Act establishing and creating the Board of County Commissioners of Laurens so as to prevent the employing of certain relatives of the 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 II 5, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Dyal of ApplingHouse Bill No. 374 A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver and to establish the office of Tax Commissioner; and for other purposes. THURSDAY, FEBRUARY IJ, I94I J9I The report 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 o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 3821 A bill to be entitled an Act to amend the Charter of the City of Atlanta by providing the manner of trial of certain employees by the General Council; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I7, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Mr. Kendrick of Fulton- House Bill No. J8J. A bill to be entitled an Act to permit certain outdoor amusements between one and six P.M., C.S.T., in 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 I25, the nays o. The bill having received the requisite constitutional majority was passed. Mr. Etheridge of Fulton requested that he be recorded in the Journal as voting against House Bill No. 383. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 384. A bill to be entitled an Act to amend an Act incorporating the City of Manchester to provide for incorporating same under the name of College Park, so as to provide for collection of sanitary taxes; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I9, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 385. A bill to be entitled an Act to amend the Charter of the City of Atlanta so as to provide officers of the City shall be elected on the first Wednesday in December preceding the expiration of the terms of said officers; and for other purposes. 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 I 20, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 386. A bill to be entitled an Act to amend the Charter of the City of Atlanta by providing that the budget commission shall not appropriate more than 99% of the normal revenue of said city; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I 8, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 387. A bill to be entitled an Act to amend the Charter of the City of Atlanta; to repeal conflicting provisions of the said charter in the matter of fixing salaries of 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 I 22, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 388. A bill to be entitled an Act to amend the City Charter of Atlanta so as to include within its boundary one house in North Morningside. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 20, the nays o. The bill having received the requisite constitutional majo_rity was passed. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 389. A bill to be entitled an Act to repeal obsolete and unused provisions of the Charter of the City of Atlanta; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 2I, the nays o. The bill having received the requisite constitutional majority was passed. THURSDAY, FEBRUARY 13, 1941 393 By Mr. Rich of Union- House Bill No. 397 A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Union; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 122, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Yawn and Jones of Dodge- House Bill No. 398. A bill to be entitled an Act to amend the Act creating the office of Commissioner of Roads and Revenues for Dodge County so as to divest said Commissioner of authority to sign, execute and deliver any and all contracts for Dodge County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 120, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Aiken and Deal of Bulloch- Hause Bill No. 401. A bill to be entitled an Act to amend the Charter of the City of Statesboro so as to permit Mayor and Council to levy certain taxes; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 123, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Barber and Barlow of Colquitt- House Bill No. 405. A bill to be entitled an Act to amend the Charter of the City of Moultrie; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 124, the nays o. Th~ bill having received the requisite constitutional majority was passed. Under the regular order of business, the following resolution of the House was taken up for consideration, and read the third time: By Messrs. Lewis and Wells of Burke, Dallis of Troup, and Welsch of Cobb- House Resolution No. I2-J2A. A resolution to amend the Constitution of the 394 JOURNAL OF THE HOUSE, State of Georgia so as to limit the Governor's power to grant reprieves and pardons; and for other purposes. The following Committee Substitute to House Resolution No. I2-32A was read: COMMITTEE SUBSTITUTE PROPOSING to the qualified voters of the State of Georgia an amendment to Article 5, Section I, Paragraph I 2, of the Constitution of the State of Georgia, being Section 2-26 I 2 of the I933 Code of Georgia, pertaining to the power of the Governor to grant reprieves, pardons, etc., so as to provide that such powers and rights therein granted shall be subject to, and shall be exercised in conformity with, such laws as may be enacted by the General Assembly; and for other purposes. SECTION I. Be it resolved by the General Assembly of the State of Georgia, and it is hereby resolved by authority of the same that from and afte; the passage and adoption of this resolution, Article 5, Section I, Paragraph I2 of the Constitution of the State of Georgia, being Section 2-26I 2 of the I933 Code of Georgia reading as follows: "2-26I2. (648I) Paragraph XII. REPRIEVES AND PARDONS. He shall have power to grant reprieves and pardons, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further repreve. He shall at each session of the General Assembly, communicate to the body each case of reprieve, pardon, or commutation granted, stating the name of the convict, the offence of which he was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State." Be amended by adding at the end thereof the following: "All the powers, rights and privileges as herein granted shall be subject to, and shall be exercised in conformity with, such laws as may be enacted by the General Assembly," so that said Article, Section and Paragraph, when amended shall read as follows: "2-26I2. (648I) Paragraph XII. REPRIEVES AND PARDONS. He shall have the power to grant reprieves and pardons, commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for offenses against the State, after conviction, except in cases of treason and impeachment, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, THURSDAY, FEBRUARY IJ, I941 395 he may suspend the execution of the sentence and report the case to the General Assembly at the next meeting, thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution, or grant a further reprieve. He shall, at each session of the General Assembly, communicate to that body each case of reprieve, pardon, or commutation granted; stating the name of the convict, the offense of which he was convicted, the sentence and its date, the date of the reprieve, pardon, or commutation, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. All the powers, rights and privileges as herein granted shall be subject to, and shall be exercised in conformity with, such laws as may be enacted by the General Assembly." SECTION II. Be it further resolved that when this amendment shall be agreed to by two-thirds vote of the members of the House and two-thirds vote of the Senate, it shall be entered upon the Journal of each House with the "Yeas" and "Nays" thereon, and shall be published in one or more newspapers in each congressional district in the State for two months previous to the time for holding the next general election, and at the next general election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For adoption and ratification of Constitutional Amendment providing that the powers of the Governor to pardon, etc., as are now given in Article 5, Section 1, Paragraph I 2 of the Constitution, shall be subject to and limited by such laws as the General Assembly may enact." All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words: "Against adoption and ratification of Constitutional Amendment providing that the powers of the Governor to pardon, etc., as are now given in Article 5, Section I, Paragraph 12 of the Constitution, shall be subject to and limited by such laws as the General Assembly may enact." Should a majority of the qualified voters voting in the said election vote in favor of the ratification of the said amendment, the Governor shall make proclamation thereof as provided by law, and the foregoing amendment shall become a part of Article 5, Section I, Paragraph I 2 of the Constitution. Mr. Lovett of Laurens asked unanimous consent that the House recess for forty-five minutes, and objection was heard. Mr. Lovett of Laure11s moved that the House take a recess of forty-five minutes, and the motion was lost. By unanimous consent, speeches on House Resolution No. I2-J2A were limited to five minutes. Mr. Tappan of Green moved the previous question, and the call was sustained. Mr. Smith of Carroll moved that the resolution be tabled, and the motion was. lost. JOURNAL OF THE HOUSE, The main question was ordered. The Committee Substitute to House Resolution No. 12-32A was adopted. The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to. On the adoption of the resolution, by substitute, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anglin Ansley Arnall Atkinson Bennett Blackshear Bradbury Branch Bridges Brooks of Mitchell Bruce Bynum Caldwell Callaway Candler Clements Connell Curry Dallis Dalton Daves Davis Deal Dorsey Dunaway Dunn Dupree Dyal Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ford Foster of Paulding Foster of Towns Fuller Gaston Mason Gavin McCracken Gill Mcintosh Gillis McEntire Goddard McNall Goolsby Miller Gowen Mixon Graham Moss Grayson Pettit Grice Pickett Griffin Pilcher Gross Pinkston Guerry Pittman Hagan Price Hardman Rees Hardy Richardson Harris Roberts of Gwinnett Harrison Rossee Hartness Sabados Hatchett Simmons Heard Smiley Hooks Smith of Hall Horne Smitha Howard Southwell Inglis Strickland Jackson Suggs Johnson of Chattahoochee Swint Joiner Taft Jones of Worth Tappan Kelley Thigpen Kendrick Thompson Key of Jasper Turner Lester Walker Lewis Wells of Burke Livingston Welsch Maddox Wetherbee Mankin Whipph Martin Williams of Bacon THURSDAY, FEBRUARY IJ, 1941 397 Williams of Harris Williams of Jackson Witherington Wright Those voting in the negative were messrs.: Allison Aultman Barber Barlow Bentley Blease Bloodworth Bowen Boone Brinson Campbell Chastain Dean Drinkard Easler Edwards Ferguson of Sumter Forrester Gray Greene Harden Hart Herrin Hicks Hunnicutt Ingram Johnson of Pike Jones of Dodge Kaigler Kea of Laurens Kennedy Loopar Lovett Mavity McClure Mills Mims Moate Moore of Lumpkin Parker Roberts of Walton Roughton Rowland Shannon Sheppard Sills Smith of Barrow Smith of Carroll Smith of Schley Vickers Weaver Wells of Clayton Wohlwender Woods Wren Those not voting were Messrs.: Anderson Bates Brooks of Oglethorpe Cowart Culpepper Drake Elliott Fowler Hand Hogg Holtzendorf Jones of Brantley Jones of Richmond Mann Maund Maxwell Moore of Taliaferro Musgrove Pannell Phillips Reiser Rich Rogers Russell Smith of Washington Warnock Wells of Telfair W1lbanks Williams of Ware Willoughby Yawn On the adoption of the resolution, by substitute, the ayes were I I 8, the nays 55 The resolution having failed to receive the requisite constitutional two-thirds majority was lost. Mr. Welsch of Cobb gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Resolution No. I2-J2A. The following resolution of the House was read: By Messrs. Pickett of Pickens, Hagan of Screven, Horne of Crisp, and Calloway of Newton- JOURNAL OF THE HOUSE, House Resolution No. 77 A resolution inviting Miss Tallulah Bankhead to visit the Georgia House of Representatives. On the adoption of the resolution, the ayes were 100, the nays 18. The resolution was adopted. The following resolution of the House was read and adopted: By Messrs. Weaver and Bloodworth of Bibb, Edwards of Taylor and Sills of Candler- House Resolution No. 78. A resolution expressing thanks for the many courtesies shown the members of the House by the Messenger of the Senate. Mr. Ford of Worth arose to a question of personal privilege and addressed the House. Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Warnock of Montgomery, Goolsby of Monroe, Deal of Bulloch, Vickers of Coffee, and Bates of Ware. The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock. FRIDAY, FEBRUARY 14, 1941 399 Representative Hall, Atlanta, Georgia, Friday, February 14, 1941. The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain. Mr. Gross of Stephens asked unanimous consent that the call of the roll be dispensed with, and obje,tion was heard. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett 400 JOURNAL OF THE HOUSE, Maddox Mankin Mann Martin Mason Maund Mavity McClure McCracken Mcintosh McEntire McNall Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vicllers Waller Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wriglt Yawn Mr. Speaker Mr. Gray of Houston, 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 disrensed with. The Journal was confirmed. By unanimous consent, the following was ootablished as de order of business during the first part of the period of unanimous consents: I. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably repcrted. 4 Third reading and passage of local uncontested Houseand Senate bills. 5 First reading and reference of Senate bills. 6. Third reading and passage of general bills with local application. By unanimous consent, the following bills and resolutionswere introduced, read the first time and referred to the committees: FRIDAY, FEBRUARY 14, 1941 401 By Messrs. Ford and Jones of Worth, Sabados and Wetherbee of Dougherty- House Bill No. 448. A bill to be entitled an Act to name certain fish as fresh water game fish, to provide for fishing season; and for other purposes. Referred to the Committee on Game and Fish. By Messrs. Candler and Dunaway of DeKalb- House Bill No. 449 A bill to be entitled an Act to amend an Act known as the General Tax Act which imposes occupational taxes upon local insurance agents; and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Candler, Dunaway and Turner of DeKalb, Etheridge, Kendrick and Mrs. Mankin of Fulton- House Bill No. 450. A bill to be entitled an Act to amend Section 26-6301 of the Code of Georgia of 1933, so as to include the possession, lending or transportation of any indecent or obscene pictures or literature, or articles of indecent and obscene use; and for other purposes. Referred to the Committee on General Judiciary No. I. By Messrs. Candler ~d Dunaway of DeKalb- House Bill No. 451. A bill to be entitled an Act to amend an Act known as the General Tax Act, by amending Section 7 of said Act, which relates to the abatement of the tax on gross premiums of insurance companies; and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Etheridge and Kendrick of Fulton- House Bill No. 452 A bill to be entitled an Act to amend an Act relating to the abolition of justice courts and the office of Justice of the Peace in certain cities; and for other purposes. Referred to the Committee on General Judiciary :t\o. I. By Messrs. Bowen of Pierce and Bate~ and Williams of Ware- House Bill No. 453 A bill to be entitled an Act to amend an Act entitled "Highway Mileage" to add additional mileage for the Counties of Pierce and Ware; and for other purposes. Referred to the Committee on Public Highways No. I. By Mr. Fuller of Tombs- House Bill No. 454 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 to authorize Toombs County to issue Funding Bonds; and for other purposes. JOURNAL OF THE HOUSE, Referred to the Committee on Amendments to the Constitution No. 2. By Mr. Rossee of Putnam- House Bill No. 455 A bill to be entitled an Act to amend an Act approved August 5, 1908, creating and establishing a new Charter for the City of Eatonton; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Bradbury of Oconee- House Bill No. 456. A bill to be entitled an .'\ct to amend an Act entitled "An Act to incorporate the Town of Bogart"; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Wells of ClaytonHouse Bill No. 457 A bill to be entitled an Act to amend an Act to incorporate the Town of Riverdale; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Mixon of Irwin- House Bill No. 458. A bill to be entitled an Act to amend Sectwn 13-9933 of the Official Code of Georgia of 1933 relating to "Checks or Drafts drawn without funds;" and for other purposes. Referred to the Committee on Banks and Banking. By Messrs. Foster of Towns and Rich of Union- House Bill No. 459 A bill to be entitled an Act to amend and change the boundary lines between Towns and Union Counties; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Dunaway of DeKalb- House Bill No. 460. A bill to be entitled an Act to confer upon and vest in the Georgia Public Service Commission jurisdiction, authority and power to prescribe prices, supervise and regulate the transportation of Petroleum Products; and for other purposes. Referred to the Committee on General Judiciary No.2. By Mr. Dunaway of DeKalb- House Bill No. 461. A bill to be entiHed an Act to amend "An Act to abolish the offices of Tax-Receiver and Tax-Collector of DeKalb County; to create the office of County Tax Commissioner of DeKalb County; and for other purposes. Referred to the Committee on Counties and County Matters. FRIDAY, FEBRUARY I4, I94I By Mr. Sills of Candler- House Bill No. 462. A bill to be entitled an Act to amend the Act creating the State Department of Natural Resources and four subdivisions thereof; and for other purposes. (Ga. Laws, I937). Referred to the Committee on State of Republic. By Mr. Whipple of Bleckley- House Bill No. 463. A bill to be entitled an Act to provide for exemption from jury service of all U.S. Postal employees and for other purposes. Referred to the Committee on General Judiciary No. I. By Messrs. Smith of Carroll, Jones of Richmond, Davis of Coweta, Bruce of Troup, and Williams of Jackson- House Bill No. 464. A bill to be entitled an Act to amend Section 59-106 of the Code of Georgia relating to the duties of jury commissioners in revising jury lists; and for other purposes. Referred to the Committee on General Judiciary No. 1. By Mr. Etheridge of Fulton- House Bill No. 465. A bill to be entitled an Act to amend an Act approved March IS, I935, entitled an Act to amend an Act approved August IS, 19I9, to provide rules and eligibility for applicants for Disabled Veterans' License; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Hatchett of Meriwether- Hause Bill No. 466. A bill to be entitled an Act to amend Section 32-1006 of the Code of Georgia of I933 relating to the compensation of county superintendents of schools to allow for clerical help; and for other purposes. Referred to the Committee on Education No. 2. Ry Messrs. Dunaway and Candler of DeKalb- House Resolution No. 7<;-466A. A resolution proposing to the qualified voters of Gc:orgia for ratification or rejection an amendment to Article 7, Section 2 of the Constitution of Georgia, to provide that the General Assembly may authorize counties to subject homesteads to ad valorem taxation for county and school purposes, etc.; and for other purposes. Referred to the Committee on Amendments to the Constitution No. 1. By Messrs. Sabados of Dougherty, Allison of Gwinnett, Pettit of Bartow, Candler of DeKalb, Heard of Elbert, and Smith of Barrow- House Resolution No. 8o-466B. A reso:ution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Article 7, Section JOURNAL OF THE HOUSE, I, Paragraph I of the Constitution of Georgia so as to provide from and after the first day of July, I943, for the apportionment of motor fuel taxes and motor vehicle registration fees and licenses to the State Highway Department; and for other purposes. ' Referred to the Committee on Amendments to the Constitution No. 1. By Messrs. Gowen of Glynn and Southwell of CharltonHouse Resolution No. 8I-466C. A resolution to relieve Arthur Leotis as surety on the bond of Clarence Drawdy; and for other purposes. Referred to the Committee on Special Judiciary. Mr. Welsch of Cobb moved that the House reconsider its action m failing to adopt the following resolution of the House: By Messrs. Lewis and Wells of Burke, Dallis of Troup and Welsch of Cobb- House Resolution No. I 2-32A. A resolution to amend the Constitution of Georgia so as to limit the Governor's power to grant reprieves and pardons; and for other purposes. On the motion to reconsider, the ayes were 100, the nays 24. The resolution was reconsidered, and placed at the foot of the calendar. By unanimous consent, the following bill of the House was withdrawn from the Committee on General Judiciary No. I and recommitted to the Committee on Education Nv. 2: By Messrs. Srriitha and Smith of CarrollHouse Bill No. 88. A bill to be entitled an Act to amend Section 32-902 of the Code of Georgia of 1933, so as to proYide for laying off each county into school districts, and to provide that a member be elected from each district; and for other purposes. By unanimous consent, the following bill of the House was withdrawn from the Committee on Appropriations and recommitted to the Committee on Special Appropriations: By Messrs. Grice, Bloodworth anrl Weaver of Bibb, Williams of Jackson and Candler, Turner and Dunaway of DeKalb-- House Bill No. 165. A bill to be entitled an Act to appropriate to the State Department of Public Welfare, in addition to any other appropriation made thereto, certain sums for the support, maintenance and equipment of the Negro Division of the Georgia Tr::ining School for Girls; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit: FRIDAY, FEBRUARY I4, I94I By Senator Coxon of the 2nd District- Senate Bill No. 59 A bill to amend Section 88-8oi of the Georgia Code relating to registration by owners of explosives and obtaining a license authorizing the ownership; and for other purposes. By Senator Coxon of the 2nd District- Senate Bill No. 6o. A bill providing for fresh pursuit by military forces, and authorizing this State to cooperate with other States therein; and for other purposes. By Senator Wall of the 28th District- Senate Bill No. 64. A bill to amend Section 58-2o7 of the Civil Code of Georgia of I933 by adding thereto an additional subsection to be known as subsection (e) so as to provide that owners, claimants, and other parties having an interest in vehicles and conveyances seized under the provisions of said section may give bond for such vehicles; and for other purposes. By Senator Gross of the 2oth District- Senate Resolution No. 3cr-Io3A. A resolution inviting the Milledgeville A Capella Choir to sing for the House and Senate in joint session on Monday morning, February 24, at I I o'clock. By Messrs. Weaver, Bloodworth and Grice of Bibb- House Bill No. Io8. A bill to change the terms of the Superior Court of Bibb County, and to provide for the holding of six (6) terms of the Superior Court in each year; and for other purposes. By Mr. Dean of Rockdale- House Bill No. 283. A bill to repeal an Act to provide for a Board of Commissioners of Roads and Revenues for the County of Rockdale; and for other purposes. By Mr. Reiser of EffinghamHouse Resolution No. 22-65B. A resolution to propose an amendment to the Constitution so as to permit Effingham County to have additional bonded indebtedness; and for other purposes. By Mr. Brinson of ChattoogaHouse Resolution No. 4CT-I98A. A resolution to propose an amendment to the Constitution so as to authorize Chattooga County to issue funding bonds; and for other purposes. By Senators Edwards of the 6th District and Redwine of the 26th District- Senate Resolution No. 3I-I07A. A resolution inviting Dr. J. Frank Norris of Fort Worth, Texas, and Detroit, Michigan, to address a joint session of the State Senate and House of Representatives. The following message was received from the Senate through Mr. Camp, the Secretary thereof: JOURNAL OF THE HOUSE, Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House, to-wit: By Mr. Dean of Rockdale- House Bill No. 284. A bill to create the office of Commissioner of Roads and Revenues for Rockdale County; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has concurred in the House amendment, as amended, to the following bill vf the Senate, to-wit: By Senators Redwine of the 26th District, Whaley of the 45th District, and others- Senate Bill No. 6. A bill to regulate the granting of paroles and conditional pardons to persons convicted of violations of the penal laws, and the discharge of prisoners from the penal institutions of the State; and for other purposes. Mr. Dorsey of Cobb County, Chairman of the Committee on Amendments to Constitution No. 2, submitted the following report: Mr. Speaker: Your Committee on Amendments to the Constitution No. 2 have had under. consideration the following bills and resolutions of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 345 Do not pass. House Resolution No. 351. Do not pass. House Bill No. 266. Do pass. House Resolution No. 72-421A. Do pass. House Resolution No. 65-357A. Do pass. House Bill No. 294. Do pass. House Resolution No. 56-3o7C. Do not pass. Respectfully submitted, Dorsey of Cobb, Chairman. Mr. Howard of Long County, Chairman of the Committee on Conservation, submitted the following report: Mr. Speaker: Your Committee on Conservation have had under consideration the following FRIDAY, FEBRUARY I4, I94I 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. I 59 Do pass. Respectfully submitted, Howard of Long, Chairman. Mr. Barlow of Colquitt County, Chairman of the Committee on General Agriculture No. I, submitted the following report: Mr. Speaker: Your Con,mittee on General Agriculture No. I 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. 372. Do pass. House Bill No. 64. Do pass. House Bill No. I9L Do pass. Respectfully submitted, Barlow of Colquitt, Chairman. Mr. Pannell of Murray County, Chairman of the Committee on General Judiciary No. I, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. I 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. 75 Do pass, by substitute. Respectfully submitted, Pannell of Murray, Chairman. Mr. Livingston of Polk County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report: Mr. Speaker: Your Committee on Hygiene and Sanitation have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation: Senate Bill No. 55 Do pass, by substitute. Respectfully submitted, Livingston of Polk, Chairman. JOURNAL OF THE HOUSE, Mr. Livingston of Polk County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report: Mr. Speaker: Your Committee on Hvgiene and Sanitation have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 277. Do pass. Respectfully submitted, Livingston of Polk, Chairman. Mr. Dunaway 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 saine back to the House with the following recommendations: House Bill No. r6o. Do pass. House Bill No. 319. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Drinkard of Lincoln 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 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. 66-36oA. Do pass. House Resolution No. 69-4o8A. Do pass. House Bill No. 279. Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker: Your Committee on State of the Republic have had under consideration the FRIDAY, FEBRUARY 14, 1941 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. 28-102A. Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. Mr. Lovett of Laurens 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: I House Bill No. 327. Do pass. House Bill No. 328. Do pass. House Bill No. 311. Do not pass. Respectfully submitted, Lovett of Laurens, Chairman. The f<:lJJowing bills of the House were placed on the calendar for the purpose of considering the unfavorable report of the Committees: By Messrs. Mason of Morgan, Moate of Hancock, Bnnson of Chattoga, Whipple of Bleckley, and Mrs. Mankin of Fulton- House Bill No. 345 A bill to be entitled an Act to amend the Charter of the Georgia Railroad Company by striking all taxation limitations; ~nd for other purposes. By Messrs. Mason of Morgan, Moate of Hancock, Brinson of Chattooga, Whipple of Bleckley, and Mrs. Mankin of Fulton- House Bill No. 351. A bill proposing to the qualified voters an amendment to the Constitution of Georgia so as to permit the taxing of the Georgia Railroad and Banking Company; and for other purposes. Mr. Culpepper of Fayette asked unanimous consent that when the House adjourns today, it stand adjourned until Monday morning at 10:00 o'clock, and the request was granted. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senators Coker of the 39th District and Almand of the 27th District- Senate Bill No. 55 A bill to be entitled an Act to amend the Act approved March 30th, 1937, authorizing the creation of non-profit corporations for the purpose a JOURNAL OF THE HOUSE, of furnishing group hospital service; and for other purposes. By Messrs. Dunaway, Turner and Candler of DeKalb- House Bill No. 64. A bill to be entitled an Act to amend Title 6I, Chapter 3 of the Code of Georgia of I 933, so as to extend the provisions of said Chapter to include croppers and servants who continue to hold possessions of lands and tenements after their employment as such has terminated; and for other purposes. By Messrs. Welsch and Dorsey of Cobb- House Bill No. 75 A bill to be entitled an Act to amend Section 24-2704 of the Code of Georgia of 1933 pertaining to the method of giving notice of an election to fill the office of clerk and sheriff where a vacancy occurs; and for other purposes. By Mr. Bradbury of Oconee- House Bill No. I 59 A bill to be entitled an Act to legalize seining in certain counties in this State; and fot other purposes. By Messrs. Candler and Turner of DeKalb- House Bill No. I6o. A bill to be entitled an Act approved August I7, 1909, creating and establishing a new Charter and Municipal Government for the City of Decatur so as to enlarge the City Limits; and for other purposes. By Mr. Thigpen of Evans- House Bill No. I91. A bill to be entitled an Act authorizing the Governor and the Commissioner of Agriculture to convey a certain lot or tract of land of Evans County now held by the State of Georgia to be developed for the use and benefit of the farmers of that area; and for other purposes. By Mr. Witherington of WilcoxHouse Bill No. 266. 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 WiJcox County to issue "Funding Bonds"; and for other purposes. By Messrs. Etheridge and Kendrick of FultonHouse Bill No. 277. A bill to be entitled an Act to regulate practice and teach- ing of manicuring and unguiology, to provide for supervision by Board of Barber Examiners, etc.; and for other purposes. By Mr. Gray of HoustonHouse Bill No. 279 A bill to be entitled an Act to require all departments of this State to buy products produced in Georgia wherever practicable; and for other purposes. By Messrs. Kea and Lovett of LaurensHouse Bill No. 3I9 A bill to be entitled an Act to amend the Charter of the City of Dublin; and for other purpuses. FRIDAY, FEBRUARY 14, 1941 By Mr. Bennett of Jeff Davis- House Bill No. 294. A bill to be entitled an Act to amend the Constitution of Georgia so as to permit the City of Hazelhurst to incur additional bonded indebtedness; and for other purposes. By Mr. Allison of Gwinett- House Bill No. 327. A bill to be entitled an Act to amend Section 32-917 of the Code of Georgia of 1933 relating to the consolidation or rearrangement of school districts; and for other purposes. By Mr. Allison of Gwinnett- House Bill No. 328. A bill to be entitled an Act to amend Section 32-1108 of the Code of Georgia of 1933, relating to local tax elections in school districts; and for other purposes. By Messrs. Candler, Dunaway and Turner of DeKalb- House Resolution No. 65-357A. A resolution proposing to the qualified voters an amendment to Article 2, Section 1, of the Constitution of Georgia authorizing the Commissioner of Roads and Revenues of DeKalb Countv to establish sewerage, water, and fire prevention; and for other purposes. By Messrs. Dyal of Appling and Adams of Wheeler- House Bill No. 372. A bill to be entitled an Act to amend an Act entitled an Act to prevent and prohibit the adulteration of spirits of turpentine and naval stores, and to provide for the appointment and duties of the Supervising Inspector of Naval Stores; and for other purposes. By Mr. Mixon of Irwin- House Resolution No. 69-4o8A. A resolution providin!l' that the State Supervisor of Purchases buy, insofar as possible, articles manufactured by the blind people of Georgia who are not receiving pension from the Department of Public \Velfare; and for other purposes. By Messrs. Welsch and Dorsey of Cobb- House Resolution No. 72-421A. A resolution proposing an amendment to Article 7, Section 1 of the Constitution so as to authorize Cobb County to issue funding bonds; and for other purposes. The following resolution of the Senate was read: By Senators Edwards of the 6th District, Guyton of the Ist District, Holt of the 48th District, and many others- Senate Resolution No. 28-102A. A resolution providing for a joint committee of two from the Senate and three from the House to investigate the pardons granted by former Governor E. D. Rivers; and for other purposes. JOURNAL OF THE HOUSE, Mr. Williams of Bacon moved the previous question, the call was sustained and the main question ordered. On the adoption of the resolution, Mr. Lewis of Burke moved the ayes and nays, and the motion was lost. The resolution was lost. The following resolution of the Senate was read and lost: By Senators Edwards of the 6th District and Redwine of the 26th District- Senate Resolution No. JI-I07A. A resolution inviting Dr. J. Frank Norris to address a joint session of the State Senate and House of Representatives. The following resolution of the Senate was read and adopted: By Senator Gross of the 2oth District- Senate Resolution No. Jo-IOJA. A resolution inviting the Milledgeville A Capella Choir to sing for the House and Senate in joint session on Monday morning, February 24, at I I o'clock. The following resolution of the House was taken up for consideration and read the second time: By Messrs. Yawn of Dodge, Pittman of Berrien, Roughton of Washington, and Smitha of Carroll- House Resolution No. 66-36oA. A resolution to investigate labor racketeering; and for other purposes. The following substitute to House Resolution No. 66-36oA was read and adopted: A RESOLUTION WHEREAS, Charges have been made that white men must deal with negroes in order to obtain employment in the State of Georgia, and WHEREAS, Charges have been made that citizens of this State have been discrf.minated against by certain unions and union officials, and WHEREAS, Charges have been made that rackets have sprung up in certain sections of Georgia where National Defense work is in progress, and . WHEREAS, Charges have been made that the National Defense Program is being impeded by labor racketeering, and WHEREAS, It being the sense of this House to give any accused person or organization a fair hearing to ascertain whether or not the charges are true, BE THEREFORE RESOLVED, That the Speaker of the House of Representatives appoint six (6) members of the House, as a committee to be known as the House Committee to investigate Alleged Labor Rackerteering, said Committee to be appointed and begin functioning immediately after the adoption of this resolution and FRIDAY, FEBRUARY 14, 1941 said Committee to report its findings to the House within ten (10) days after adoption of this Resolution, BE IT FURTHER RESOLVED, That this Committee be given full power to subpoena witnesses and records deemed necessary. BE IT FURTHER RESOLVED, That this Committee report on the following questions: ,(1) Is it true or not that white men must deal with negroes in order to obtain employment in the State of Georgia? (2) Is it true that citizens of this State have been discriminated against by certain unions and union officials? (3) Whether or not rackets have sprung up in certain sections of Georgia where National Defense Work is in progress. (4) Whether or not unscrupulous individuals connected with labor unions are impeding the progress of National Defense Projects now under construction. (5) Be it further resolved that this committee is given full power to punish any person for contempt according to the rules of the House of Representatives. Mr. Grice of Bibb asked unanimous consent, that debate on House Resolution No. 66-36oA and substitutes and amendments thereto be limited to five minutes, and the request was granted. Mr. Kendrick of Fulton moved that the resolution be adopted by substitute and the motion prevailed. The resolution, by substitute, was adopted. Under the provisions of House Resolution No. 66-36oA, the Speaker appointed as a Committee of Investigation, the following members of the House, to-wit: Messrs. Hand of Mitchell, Davis of Coweta, Kendrick of Fulton, Pittman of Berrien, Yawn of Dodge, and Pickett of Pickens. By unanimous consent, the following geqeral bills with local application were taken up for consideration, and read the third time. By Messrs. Vickers of Coffee and Holtzendorf of Ben Hill- House Bill No. 89. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. 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 I 16, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Vickers of Coffee and Taft of Atkinson- House Bill No. 90. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 93, the nays 21. The bill having failed to receive the requisite constitutional majority was lost. By Messrs. Vickers of Coffee and Taft of Atkinson- House Bill No. 91. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. Mr. Whipple of Bleckley moved that the bill be tabled, and the motion prevailed. By Mr. Vickers of Coffee- House Bill No. 92. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. Mr. Whipple of Bleckley moved that the bill be tabled, and the motion prevailed. By Mr. Thigpen of EvansHouse Resolution No. 24-107A. A resolution amending the Constitution of Georgia so as to authorize Claxton School District to incur additional bonded indebtedness. By unanimous consent, further consideration of House Resolution No. 24-107A was postpon, ed until Monday morning. By unanimous consent, the following bills of the Senate were read the first time and committed: By Senator Coxon of the 2nd District- Senate Bill No. 6o. A bill to be entitled an Act providing for fresh pursuit by military forces; and authorizing this State to cooperate with other States therein; and for other purposes. Referred to the Committee 6n Military Affairs. By Senator Wall of the 28th District- Senate Bill No. 64. A bill to be entitled an Act to amend Section 58-207 of the Civil Code of Georgia of 1933 so as to provide that owners, claimants, and other FRIDAY, FEBRUARY 14, 1941 parties having an interest in vehicles and conveyances seized under the provisions of said Section may give bond for such vehicles and conveyances, pending condemnation proceedings; and for other purposes. Referred to the Committee on Special Judiciary. By Senator Coxon of the 2nd District- Senate Bill No. 59 A bill to be entitled an Act to amend Section 88-801 of the Code of Georgia of 1933 relating to registration by owners of explosives and obtaining a license authorizing the ownership, possession and control of the same by providing that the ordinary may refuse to issue a license upon the finding of certain facts; and for other purposes. Referred to the Committee on Military Affairs. The following bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto: By Senators Redwine of the 26th District, Whaley of the 45th District, Edenfield of the 4th District, Campbell of the 34th District, Edwards of the 6th District, and Milhollin of the 46th District- Senate Bill No.6. A bill to he entitled an Act to amend an Act changing the name of the Prison Commission to the State Prison and Parole Commission; and for other purposes. The following Senate amendment to the House amendment to Senate Bill No. 6 was read: The Senate moves to amend the House amendment to Senate Bill No. 6 by striking said amendment in its entirety and substituting in lieu thereof the following: By inserting in the Caption of said Bill, before the words "to repeal conflicting laws," the following words: "To provide for the appointment of a Chairman of the State Prison and Parole Commission and to fix his term; to provide for the appointment and removal of wardens and guards; to provide rules and regulations for the governing of convicts and convict camps;" and by adding at the end of Section 4 of said Bill the following: "The Governor shall appoint one member of the Prison and Parole Commission as Chairman for a term of one year or until his successor is appointed." The said Prison and Parole Commission shall have authority, with the approval of the Governor, to employ and discharge wardens and guards for proper cause shown, and to make rules and regulations governing the convicts and convict camps of said State." By unanimous consent, the Senate amendment to the House amendment to Senate Bill No. 6 was disagreed to. Under the regular order of business, the following bill of the House was taken up for consideration and read the third time: JOURNAL OF THE HOUSE, By Messrs. Weaver, Grice and Bloodworth of Bibb- House Bill No. 39 A bill to be entitled an Act to amend Section I I3-2004 of the Code of Georgia of I93.), providing for the allowance to administrators and executors of compensation for delivering over property in kind; and for other purposes. Mr. Gowen of Glynn moved the previous question, the call was sustained and the main question ordered. The following amendments to House Bill No. 39 were read and adopted: Messrs. Brinson of Chattooga and Maddox of Floyd move to amend House Bill No. 39 as follows: That Section I of House Bill No. 39 be and the same is hereby amended by adding at the end of the language in the first quotation therein, -and also at the end of the first sentence in the second quotation therein, the following: " ........ and irrespective of whether such property, except money, be tangible or intangible, personal or real." Mr. Weaver of Bibb moves to amend House Bill No. 39 by striking the word "May" in lines I3 and I8 section I and substituting the word "Shall". 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 III, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Grice of Bibb and Elliott of Muscogee- House Resolution No. I6-45A. A resolution to amend the Constitution of Georgia so as to advertise and promote the assets of the State; and for other purposes. By unanimous consent, the further consideration of House Resolution No. I6-45A was postponed until Monday. Miss Tallulah Bankhead appeared before the House and made a brief address. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate insists upon its amendment to the House amendment to the following bill of the Senate, to-wit: By Senators Redwine of the 26th District, Whaley of the 45th District, and others- Senate Bill No.6. A bill to amend the Act changing the name of the Prison Com- mission; and for other purposes. The Senate respectfully requests a Conference Committee of three from the FRIDAY, FEBRUARY 14, 1941 House to confer with a like committee of three from the Senate to consider the differences between the Senate and House on the above bill. The President has appointed as a committee of three from the Senate to act under the above requests: Senators Clark of the 44th District, Campbell of the 34th District and Kirkland of the 49th District. By unanimous consent, 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 Senate Bill No.6, the following members of the House, to-wit: Messrs. Culpepper of Fayette, Blease of Brooks, and Dorsey of Cobb. Mr. Culpepper of Fayette moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Smiley of Liberty, Foster of Paulding and Brinson of Chatooga. The Speaker announced the House adjourned until Monday morning at Io:oo o'clock. JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Monday, February 17,1941. The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain. Mr. Bruce of Troup asked unanimous consent that the call of the roll be dispensed with, and objection was heard. The roll was called and the following members answered to their names: Aiken Anglin Arnall Aultman Barber Barlow Bates Bennett Bentley Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bmum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Maund Mavity McClure MONDAY, FEBRUARY 17, 1941 419 Mcintosh McEntire McNall Mills Mims Mixon Moate Moore cf Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker PWllips Pickett Pilcher Pinkston Pittman Price Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Roughton Rowland Sabados Shannon Sheppard Sills Simmons Smith of Hall Smith of ~chley Smith of V.'ashington Smitha Southwell Suggs Swint Taft Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. Mr. Culpepper of Fayette gave notice that at the proper time he would move that the House reconsider its action in failing to adopt the following resolution of the Senate: By Senators Redwine of the 26th and Edwards of the 6th Districts- Senate Resolution No. JI-ro7A. A resolution inviting Rev. J. Frank Norris to address a joint session of the General Assembly. Mr. Taft of Atkinson 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: By Messrs. Vickers of Coffee and Taft of Atkinson- House Bill No. go. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads; and for other purposes. 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: r. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. JOURNAL OF THE HOUSE, 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First reading and reference of Senate Bills. Mr. Culpepper of Fayette asked unanimous consent that the House reconsider its action in failing to adopt the following resolution of the Senate: By Senators Redwine of the 26th and Edwards of the 6th Districts- Senate Resolution No. 31-107A. A resolution inviting Rev. J. Frank Norris to address a joint session of the General Assembly. Objection was heard to the unanimous consent request. Mr. Culpepper of Fayette moved that the House reconsider its action in failing to adopt Senate Resolution No. 31-107A, and the motion prevailed. Senate Resolution No. 31-107A was reconsidered and adopted. Mr. Taft of Atkinson moved that the House reconsider its action in failing to pass the following bill of the House: By Mr. Taft of Atkinson- House Bill No. 90. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of Roads; and for other purposes. House Bill No. 90 was reconsidered and placed at the foot of the calendar. By unanimous consent, the following bills and resolution were Introduced, read the first time and referred to the committees: By Mr. Brooks of Mitchell- House Bill No. 467. A bill to be entitled an Act to pass zoning and planning laws for the City of Camilla; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Daves of Dooly- House Bill No. 468. A bill to be entitled an Act to pass zoning and planning laws for the City of Vienna; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Blease and Graham of Brooks- House Bill No. 469. A bill to be entitled an Act to amend Section 39-1103 of the Civil Code of Georgia of 1933, providing how and by whom the official organ shall be selected in cities having a population of not less than 4443 and not more than 4453, and for other purposes. Referred to the Committee on Counties and County Matters. MONDAY, FEBRUARY 17, 1941 4'21 By Mr. Wren of Glascock- Hause Bill No. 470. A bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Glascock"; and for other purposes. Referred to the Committee on Coun~ies and County Matters. By Mr. Wren of Glascock- Hause Bill No. 471. A bill to be entitled an Act to repeal an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Glascock County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Daves of Dooly and Whipple of Bleckley- House Bill No. 472. 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 grapesl fruits, and berries of Georgia farms; to legalize the making of light domestic wines; and for other purposes. Referred to the Committee on Temperance. By Mr. Davis of Coweta- House Bill No. 473 A bill to be entitled an Act to repeal an Act to provide a salary in lieu of fee system of the Clerk of the Superior Courts and other courts served by the Clerk of Superior Courts in counties of '2.6,75o-27,750 inhabitants; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Vickers of Coffee- House Bill No. 474 A bill to be entitled an Act to provide for an appropriation from the State Treasurer for the purpose of purchasing Jaw books for the County of Coffee to replace law books destroyed by fire; and for other purposes. Referred to the Committee on Special Appropriations. By Mr. Hatchett of Meriwether- Hause Bill No. 475 A bill to be entitled an Act to amend Section 32-'2.401 of the Code of Georgia of 1933, relating to the powers and duties of the State Board of Education with respect to adult illiteracy; and for other purposes. Referred to the Committee on Education No. I. By Mr. Hatchett of Meriwether- Hause Bill No. 476. A bill to be entitled an Act to amend Chapter 32-25 of the Code of Georgia of 1933, authorizing county commissioners or ordinaries to carry on schools for instructing adult illiterates, by also vesting county boards of educa- 422 JOURNAL OF THE HOUSE, tion to establish and carry on such schools; and for other purposes. Referred to the Committee on Education No. 1. By Mr. Lovett of Laurens- House Bill No. 477 A bill to be entitled an Act to provide that the Judge of the Superior Court of any county may, upon the petition of two or more qualified voters of said county, require county registrars to meet at least thirty days before the holding of any primary, general or special election and revise the list of registered voters; to provide compensation to the registrars; and for other purposes. Referred to the Committee on Privileges and Elections. By Mr. Mixon of Irwin- House Bill No. 478. A bill to be entitled an Act to appropriate the amount of $10,000 to be expended by the Director of State Parks for the completion and beauti- . fication of a memorial at Jefferson Davis Memorial Park located near Irwinville; and ~~~~ Referred to the Committee on Appropriations. By Mr. Jackson of Henry- House Bill No. 479 A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner for Henry County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Walker of Grady- House Bill No. 480. A bill to be entitled an Act to amend the Charter of the City of Cairo; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Goolsby of Monroe- House Bill No. 481. A bill to be entitled an Act to amend the Act entitled "An Act to codify and consolidate various Acts incorporating the City of Forsyth"; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Bowen of Pierce- House Bill No. 482. A bill to be entitled an Act to authorize the County authorities in charge of the fiscal affairs of any county in Georgia to pay the premium on the bond of any county officer upon recommendation of the grand jury of such county; and for other purposes. Referred to the Committee on Special Judiciary. By Messrs. Curry of Randolph and Ferguson of Sumter- House Bill No. 483. A bill to be entitled an Act to levy a tax on travelling MONDAY, FEBRUARY 17, 1941 horse traders or gypsies; and for other purposes. Referred to. the Committee on Ways and Means. By Mr. Pinkston of Terrell- House Bill No. 484. A bill to be entitled an Act to provide for the levying-of a maintenance tax for County Purposes on "Rolling Stores"; and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Gross of Stephens, Kendrick of Fulton- House Bill No. 485. A bill to be entitled an Act to repeal Section 46-208 of the Code of Georgia of 1933, entitled "Exemption of Wages from Process of Garnishment" and to enact a new section 46-208 of the 1933 Code of Georgia providing that all persons shall be exempt from the process and liabilities of garnishment on $2.00 per day of their daily, weekly, or monthly wages and on so% of the excess thereof; and for other purposes. Referred to the Committee on General Judiciary No. 1. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Resolution No. 82-485A. A resolution authorizing Fulton County to refund to Mobley and Lunsford, a bonding Company, the sum of $926.58 for a bond paid by said firm and the prisoner later having been apprehended and punished; and for other purposes. Referred to the Committee on Special Appropriations. By Mr. Bruce of Troup- House Resolution No. 83-485B. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Paragraph 1 of Section 10 of Article 7 of the Constitution of Georgia, authorizing certain municipalities to construct gas plants as self-liquidating projects; and for other purposes. Referred to the Committee on Amendments to Constitution No. I. Mr. Chastain 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. 459 Do pass. House Bill No. 273. Do pass, by substitute. Respectfully submitted, Chastain of Thomas, Chairman. JOURNAL OF THE HOUSE, By unanimous consent, the following bills of the House, favorably reported, were read the second time: By Mr. Hicks of Floyd- House Bill No. 273 A bill to be entitled an Act to provide a Board of Trustee_s to control, operate and manage any County owned or controlled hospital in any county having a population of not less than fifty and not more than sixty thousand inhabitants; and for other purposes. By Messrs. Foster of Towns, and Rich of Union- House Bill No. 459 A bill to be entitled an Act to amend and change the boundary lines between Towns and Union Counties; and for other purposes. The following bill of the House was taken up for the purpose of considering the Senate Amendment thereto: By Mr. Dean of Rockdale- House Bill No. 284. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Rockdale County; and for other purposes. The following amendment to House Bill No. 284 was read by the Senate. The Senate amends House Bill No. 284 by striking the word "said" in line two of Section I I, and substituting therefor the word "such," so that when amended said Section 11, will read as follows: "Said advisors to the Commissioner shall have authority to act only in an advisory capacity and their recommendation shall be subject to such action as said commissioner may deem wise and for the best interest of said county." Mr. Dean of Rockdale moved that the House agree to the Senate Amendment to House Bill No. 284. On the motion to agree, the ayes were I09, the nays o. The amendment having received the requisite majority, was agreed to. By unanimous consent, the following resolution of the House was withdrawn from the Committee on Appropriations and recommitted to the Committee on Special Appropriations: By Mr. Etheridge of FultonHouse Resolution No. 25-I07B. A resolution to authorize and direct the State Treasurer to pay to the American Cool Air corporation the sum of $3056.Io for merchandise sold the State of Georgia; and for other purposes. By unanimous consent, the following bills of the House were read the third time, and placed upon their passage: By Messrs. Candler and Turner of DeKalbHouse Bill No. 160. A bill to be entitled an Act approved August I7, I909 MONDAY, FEBRUARY 17, 1941 creating and establishing a new Charter for the City of Decatur so as to enlarge the city limits; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Kea and Lovett of Laurens- House Bill No. 319. A bill to be entitled an Act to amend the City Charter of Dublin by extending territorial limits 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 IOJ, the nays o. The bill having received the requisite constitutional majority was passed. Mr. Harrison of Jenkins moved that when the House adjourns to-day, it stand adjourned until tomorrow morning at 9:00 o'clock. Mr. Mixon of Irwin moved that when the House adjourns to-day, it stand adjourned until tomorrow morning at 9:00 o'clock, recess from twelve to one, and remain in session until 4:00 o'clock P. M. Mr. Gross of Stephens moved that for the balance of this week, the House convene at 9:00 o'clock A. M., and remain in session each day until a motion to adjourn prevails. Mr. Willoughby of Clinch moved that for the balance of the week, the House convene at 9:00 o'clock A.M., and remain in session each day until I :oo o'clock P.M. The motion of Mr. Willoughby of Clinch was lost. The motion of Mr. Gross of Stephens prevailed. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the reqms1te constitutional majority the following bills and resolution of the Senate and House, to-wit: By Senator Hill of the 36th District- Senate Bill No. 72. A bill to amend the title of the Act which authorizes the levy of a maintenance tax pn rolling stores; and for other purposes. By Senator Clark of the 44th District- Senate Bill No. 74 A bill to amend an Act to promote temperance and pros- JOURNAL OF THE HOUSE, perity by providing for a tax on retail wine dealers; and for other purposes. By Senators Redwine of the 26th, Clark of the 44th, Edenfield of the 4th, and Smith of the 24th Districts- Senate Bill No. So. A bill permitting insurance companies doing business in Georgia to make voluntary deposits with the State Treasurer; and for other purposes. By Senator Coker of the 39th District- Senate Bill No. 81. A bill to amend Section 32-904 of the Code by providing a per diem not to exceed $6.oo for each days service of members of the County Board of Education in all counties of this state having a population of not less than 20,120 or more than 20, 130 by the 1940 census; and for other purposes. By Senator Coker of the 39th District- Senate Bill No. 82. A bill to amend the Charter of the Town of Canton, to provide for the creation and establishment of the public school system for said town; and fmfother purposes. By Senator Whaley of the 4_~th District- Senate Bill No. 83. A bill to amend an Act known as "Highway Mileage", so as to add to the map a certain public road in the county of Telfair; and for other purposes. By Senator Smith of the 24th District- Senate Resolution No. 26-SoA. A resolution to authorize the Commissioners of Roads and Revenues of Muscogee County to pay the back salary of Thomas L. Bowden, as Judge of the City Court of Columbus; and for other purposes. By Messrs. Price and Hunnicutt of Clarke- House Bill No. 84. A bill to require the payment of fees of Clerks and Sheriffs of the Superior Court in divorce cases; and for other purposes. By Messrs. Roughton and Smith of WashingtonHouse Bill No. 244. A bill to abolish the Board of Water Commissioners of the City of Tennille, Ga.; and for other purposes. By Messrs. Hardy and Williams of JacksonHouse Bill No. 262. A bill to amend an Act to incorporate the City of Jeffer- son; and for other purposes. Brl,Messrs. Blackshear and Smith of HallHouse Bill No. 268. A bill to amend the Charter of the City of Gainesville so as to provide for the creation of a retirement fund; and for other purposes. By Messrs. Wolhwender, Maxwell, and Elliott of MuscogeeHouse Bill No. 269. A bill to amend the Charter of the City of Columbus; and for other purposes. MONDAY, FEBRUARY 17, 1941 By Mr. Gaston of Butts- House Bill No. 184. A bill to reduce the bond of the Sheriff of Butts County from $10,000 to $2,000; and for other purposes. The following message was received from the Senate through Mr. Camp, 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 Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 169. A bill to create a Purchasing Department in Fulton County; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has concurred in the House amendment to the following bill of the Senate, to-wit: By Senator Drake of the 8th District- Senate Bill No. 71. A bill to amend the Act establishing a City Court in the County of Miller by changing the method of compensating the Solicitor of said court from a fee basis to a salary basis; and for other purposes. Ry Senator Almand of the 27th District- Senate Bill No. 23. A bill providing that any person who shall desecrate the burial place of any human body with intent to rob, steal, mutilate, or malicously molest the remains interred therein, shall be punished by death, or life in prison; and for other purposes. The following message was received from His Excellency, Eugene Talmadge, Governor. State of Georgia Executive Department Eugene Talmadge, Governor Atlanta VETO MESSAGE To the General Assembly of Georgia: House Resolution No. 13-32B was transmitted to the Executive Department on the I Ith day of February, 1941, after duly passing the House and the Senate. JOURNAL OF THE HOUSE, This resolution provides for an amendment so that the City of Macon may :xempt from taxation new buildin!!s, machinery and equipment, or any additions to new buildings, all machinery or equipment for a period of five years, and places this exemption power in the governin~ body of said City of Macon. This House Resolution and constitutional amendment has been vetoed for the following reasons: I am of the opinion that it is an unsound practice to exempt any property from taxation. Certainly is this true in regard to commercial property, business property on which the investors are seeking a profit. Any business must be protected by our courts, our peace officers, sheriffs, police and fire departments. All of this protection costs money and must be paid by the other taxpayers. It is wrong for one class of our citizens to enjoy a special privilege and h.tve their property exempt from taxes at the expense of other citizens of the State. The other citizens of the State would have no interest in the property, no ownership. Yet, it would be costing them money in the form of taxes on their property to protect this commercial property from taxation. In 1935, a committee from out of the State called on the Chief Executive with a program of exempting certain property in the neighborhood of Savannah from taxation for a period of five years. At this conference I submitted to them the above reason why I object to this exemption. I further submitted to them that any special exemption would breed favoritism and might develop into a trap to induce other business to come to our State and develop, which would result in placing an exorbitant tax on them for exempting it on some other citizen. This reasoning appealed to this committee that was contemplating coming into the State of Georgia, and they wrote me a letter expressing their approval of this logic, and did come into the State and develop a large industry with a large payroll. House Resolution No. 14-34-A was also forwarded to the Executive Department on the 10th day of February, 1941, after duly passing both branches of the General Assembly. House Resolution No. 14-34-A is a Constitutional amendment and the governing officials of the City of Macon through this amendment are seeking authority for levying a varied tax rate on the citizens and property in the City of Macon for a period of ten years. In other words, to levy in their discretion a certain levy on one citizen, and be granted the right to levy twice as much on the citizen next door, although he might be poorer and making less money. MONDAY, FEBRUAR~ I7, I94I This is class legislation, and is certainly dangerous to incorporate in the Constitution of the State of Georgia. Suppose such a type of class legislation should spread all over our State. Where would we be? For the above reason I have vetoed House Resolution No. I4-34-A. Should the General Assembly of Georgia see fit, in their wisdom, to override the veto, I respectfully bow to their judgment, and will see to it that these two resolutions appear on the ballot for ratification by the voters of Georgia. Respectfully, Eugene Talmadge, Governor. Mr. Weaver of Bibb moved that the House over-ride the veto of the Governor. Mr. Bloodworth of Bibb asked unanimous consent that further action on the Governor's veto message be postponed for one hour, and the request was granted. Mr. Whipple of Bleckley arose to a question of personal privilege and addressed the House. ' Under the orders of the day, the following resolution of the House was agam taken up for consideration: By Messrs. Grice of Bibb and Elliott of Muscogee- House Resolution No. 16-45A. A RESOLUTION A Resolution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph I, Section I, Article 7 of the Constitution of Georgia so as to provide for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That Paragraph I, Section I, Article 7, of the Constitution of Georgia be, and the same is hereby amended by adding at the end of said Paragraph the following language: "To advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State of Georgia through any office or agency which may be created or designated by the General Assembly to carry out said purposes." SECTION 2. That when this amendment shall be agreed to by two-thirds vote of the mem- 430 JOURNAL OF THE HOUSE, hers elected to each House, with the "Yeas" and "Nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next General Election and a brief and concise summary thereof shall be published in the newspaper in each county in which the sheriffs' advertisements are published twice during the two weeks immediately prior to the time of the holding of the next General Election, and at the next General Election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to Paragraph I, Section I, Article 7 of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State." All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words: "Against ratification of amendment to Paragraph I, Section I, Article 7 of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State." And if a majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof be made to the Governor, then he shall declare said amendment adopted and make proclamation of the result thereof and said amendment shall become a part of Paragraph I, Section I, Article 7 of the Constitution of the State of Georgia. Mr. Gowen of Glynn moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll was called, and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Anglin Arnall Aultman Barber Barlow Bates Bennett Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Campbell Candler Chastain Clements Connell Cowart Curry Dallis Dalton Daves Davis Deal Dean Drake Drinkard Dunaway Dupree Dyal Easler Edwards MONDAY, FEBRUARY 17, 1941 431 Elliott Jones l)f Richmond Ennis, Marion Jones of \Vorth Etheridge Kaigler Ferguson of Camden Kea of Laurens Ferguson of Sumter Kelley Ford Kendrick Foster of Towns Key of Jasper Fowler Lewis Fuller Livingston Gavin Looper Gillis Lovett Goddard Maddox Goolsby Mankin Gowen Mann Graham Maund Gray Mavity Grice McClure Griffin Mcintosh Gross McEntire Guerry McNall Hagan Mills Hand Mims Hardman Mixon Hardy .Moate Hams Moore of Lumpkin Harrison Moore of Taliaferro Hart Moss Hartness Musgrove Hatchett Pannell Hicks Parker Holtzendorf Phillips Horne Pickett Hunnicutt Pilcher Inglis Pinkston Ingram Pittman Johnson of Chattahoochee PriCE> Johnson of Pike Richardson Joiner Those not voting were Messrs.: Adams Allison Anderson Ansley Atkinson Bentley Blackshear Brinson Callaway Culpepper Dorsey Du.an Ennis, J. H. Forrester Foster of Paulding Gaston Roberts of Gwinnett Roberts of wa, ton Rogers Roughton Rowland Sabados Shannon Sheppard Sills Simmons Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Suggs Swint Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wetherbee Wlnpple Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Wren Wright Yawn Gill Grayson Greene Harden Heard Herrin Hogg Hooks 432 JOURNAL OF THE HOUSE, Howard Jackson Jones of Brantley Jones of Dodge Kennedy Lester Martin Mason Maxwell McCracken Miller Pettit Rees Reiser Rich Rossee Russell Smiley Smith of Barrow Smith of Carroll Strickland Taft Vickers Wells of Telfair Welsch Wilbanks Williams of Bacon Woods The verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 152, the nays o. The resolution having received the requisite twa-thirds constitutional majority was adopted. By unanimous consent; further action on the Governor's veto message was postponed until tomorrow morning immediately after the period of unanimous consents. Under the regular order of business, the following bills of the House were taken up for consideration and read the third time: By Messrs. Ferguson and Suggs of Sumter- House Bill No. 46. A bill to be entitled an Act to provide for and designate the time line; and for other purposes. Mr. Mims of Miller moved the previous question, the call was sustained and the question ordered. An amendment by Mr. Smith of Carroll 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 Mr. Davis of Coweta moved the ayes and nays, and the call was not sustained. On the passage of the bill, the ayes were 95, the nays 45 The bill having failed to receive the requisite constitutional majority was lost. Mr. Ferguson of Sumter gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 46. By Mr. Anglin of Stewart- House Bill !\'o. 47 A bill to be entitled an Act setting open hours of precinct polls; and for other purposes. The following substitute to House Bill No. 47 was read and adopted: MONDAY, FEBRUARY 17, 1941 433 By Messrs. Anglin of Stewart, Hicks, Maddox and Rogers of Floyd, Welsch of Cobb and Brinson of Chattooga- A BILL To be entitled an Act To amend Section 34-1302 of the Code of Georgia of 1933 relating to "Election, how and when held," by providing for a method to affect a change of the hours for opening and closing the polls for elections in certain precincts; and for other purposes. BE IT ENACTED BY THE qENERAL ASSEMBLY OF GEORGIA, AND IT HEREBY ENACTED BY AUTHORITY OF THE SAME: SECTION 1. That Section 34-1302 of the Code of Georgia of 1933, relating to "Elections, how and when held," be and the same is hereby amended by adding at the end of said Section the following: "In any precinct where the foregoing provides for the opening of the polls at eight o'clock and closing them at three o'clock, the Ordinary may upon petition of any voters, have published a notice of said petition and the date fixed for the heating of same, which hearing shall not be had less than ten days from the date of filing said petition; and at the hearing on said petition, upon good cause shown, the said Ordinary, may prescribe and fix the opening and closing hour of the polls for said election between seven A. M. and six P. M., or for some other hour of the day, so as to provide for the continuous balloting in said precinct for a period not less than seven hours between seven o'clock A. M. and six o'clock P. M. Should the Ordinary grant the petition for such a change, said order granting same shall be posted at the court house ground in said precinct, and at three other public places in said precinct, and said order for said change shall also be published once a week for four weeks in a newspaper in which sheriff's advertisements are published. Said order of change shall not go into effect until thirty days after the publication of the last of said weekly notices and the posting of said public notices." So that said Section, when amended, will read as follows: "34-1302. Elections, how and when held. The day of holding such elections shall be Tuesday after the first Monday in November in the even-numbered years, and the time of day for keeping open the elections shall be from seven o'clock A. M. to six o'clock P.M., at the courthouse, and from eight o'clock A. M. to three o'clock P. M., at the precinct. In incorporated towns and cities having more than one election precinct situated in the corporate limits of such incorporated town or city, such precincts, at all elections held, shall be kept open from seven o'clock A. M. to six o'clock P. M., and when there are in such incorporated towns or cities precincts other than the courthouse precinct for the holding of elections, the elections in such precincts shall be kept open for the same time and during the same hours as provided by law for keeping open elections at the courthouse. In any precinct where the foregoing provides for the opening of the polls at eight o'clock and closing them at three o'clock, the Ordinary may, upon petition of any voters, have published a notice of said petition and the date fixed for the hearing of same, which hearing shall not be had less than ten days from the date of filing said petition; and at the hearing 434 JOURNAL OF THE HOUSE, on said petition, upon any good cause shown, the said Ordinary may prescribe and fix the opening and closing hour of the polls for said election betw~en seven o'clock A.M. and six o'clock P.M. or for some other hour of the day, so as to provide for the continuous balloting in said precinct for a period of not less than seven hours between seven o'clock A. M. and six o'clock P. M. Should the Ordinary grant the petition for such a change, said order granting same shall be posted at the courthouse ground in said precinct, and at three other public places in said precinct, and said order for said change shall also be published once a week for four weeks in a newspaper in which sheriff's advertisements are published. Said order of change shall not go into effect until thirty days after the publication of the last of said weekly notices and the posting of said public notices." SECTION 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Mr. Rogers of Floyd moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute. On the passage of the bill, by substitute, Mr. Rogers of Floyd moved the ayes and nays, and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anglin Arnall Aultman Barber Barlow Bates Bennett Bentley Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Campbell Chastain Clements Connell Cowart Curry Dallis Dalton Daves Davis Deal Dean Dorsey Dunaway Dupree Dyal Easler Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Towns Fuller Gavin Goddard Goolsby Gowen Graham Gray Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy MONDAY, FEBRUARY 17, 1941 435 Harris Hart Hartness Hatchett Herrin Hicks Holtzendorf Horne Howard Hunnicutt Inglis Ingram Johnson of Pike Joiner Jones of Brantley Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kendrick Key of Jasper Livingston Lovett Maddox Mann Martin Maund Mavity McClure McEntire McNall Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Price Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sills Simmons Smith of Barrow Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Suggs Swint Taft Thompson Turner Walker Weaver Wells of Clayton Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Wren Wright Yawn Those voting in the negative were Messrs.: Kennedy Lewis Those not voting were Messrs.: Allison Anderson Ansley Atkinson Blackshear Brinson Callaway Candler Culpepper Drake Drinkard Dunn Edwards Ennis, J. H. Foster of Paulding Kelley Fowler Lester Gaston Looper Gill Mankin Gillis Mason Grayson Maxwell Greene McCracken Harrison Mcintosh Heard Miller Hogg Pittman Hooks Rees Jackson Reiser Johnson of Chattahoochee Rich Jones of Dodge Sheppard JOURNAL OF THE HOUSE, Smiley Smith of Carroll Strickland Tappan Thigpen Vickers Warnock Wells of Burke Wells of Telfair Woods On the passage of the bill, by substitute, the ayes were I 50, the nays 2. The bill having received the requisite constitutional majority was passed, by substitute. Mr. Culpepper of Fayette, moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Anderson of Wayne and Strickland of Haralson. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock. TUESDAY, FEBRUARY 18, 1941 437 Representative Hall, Atlanta, Georgia, Tuesday, February 18, 1941. 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. Mr. Ingram of Forsyth asked unanimous consent that the call of the roll be dispensed with, and objection was heard. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Bloodworth Bowen Boone Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin 438 JOURNAL OF THE HOUSE, Mann Martin Mason Maund Mavity McClure McCracken Mcintosh McEntire McNall Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, 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: I. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First reading and reference of Senate Bills. By unanimous consent, the following bills and resolutions were introduced, read the first time and referred to the committees: By Mr. Mann of Whitfield- House Bill No. 486. A bill to be entitled an Act to create and establish the City TUESDAY, FEBRUARY IS, I94I 439 Court of Dalton in the County of Whitfield; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Roughton and Smith of Washington- House Bill No. 487. A bill to be entitled an Act to amend an Act fixing the compensation of Tax Commissioner of Washington County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Hicks of Floyd- House Bill No. 488. A bill to be entitled an Act to clarify the public policy with respect to placing monuments upon the property of the State; to prevent the unauthorized use of the halls and corridors of the State Capitol, and for other purposes. Referred to the Committee on Halls and Rooms. By Mr. Bynum of Rabun- House Bill No. 489. A bill to be entitled an Act to create two additional terms of the Superior Court of Rabun County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Weaver, Grice and Bloodworth of Bibb, and McClure of Catoosa- House Bill No. 490. A bill to be entitled an Act to place to the credit of the Emergency Fund an amount not to exceed :f,I,ooo.oo and to authorize the Governor to disburse from said fund so much thereof, as will suffice to pay for a burial lot and the funeral of Fred Black, Jr., a State Highway Patrolman who was killed in the discharge of his duties to the State of Georgia; and for other purposes. Referred to the Committee on Special Appropriations. By Messrs. Lovett of Laurens, Greene of Jones, Harden of Turner, Bentley of Upson, and Drinkard of Lincoln- House Bill No. 491. A bill to be entitled an Act to repeal the Act approved March 24, I9J9, Georgia Laws of I9J9, changing the power and method of appointment of Chief Drug Inspector; and for other purposes. Referred to the Committee on State of Republic. By Messrs. Williams and Bates of Ware- House Resolution No. 84-49IA. A resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph I of the Constitution of Georgia, as now amended, to authorize Waycross, in Ware County, to incur bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. By Messrs. Whipple of Bleckley, Hatchett of Meriwether, Key of Jasper, and Daves ofDooly- JOURNAL OF THE HOUSE, House Resolution No. 85-491B. A resolution proposing to the qualified voters of Georgia, for ratification or rejection, an amendment to the Constitution of Georgia, setting apart certain revenues as a school fund; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Mr. Davis of Coweta- House Resolution No. 86-49IC. A resolution to appropriate ~500.00 to Mrs. J. B. Borders, Newnan, Georgia, sister of William McMichael, an inmate of the training school for Mental Defectives at Gracewood, Georgia, who perished in the fire which destroyed a dormitory of that institution; and for other purposes. Referred to the Committee on Special Appropriations. ay Mr. Davis of Coweta- House Resolution No. 87-491D. A resolution to appropriate $500.00 to J. A. Scarborough, Valdosta, Georgia, Uncle of William Fender Youmans, an inmate of the Training School for Mental Defectives at Gracewood, Georgia, who perished in the fire which destroyed a dormitory of that institution; and for other purposes. Referred to the Committee on Special Appropriations. By Mr. Davis of Coweta- House Resolution No. 88-491E. A resolution to appropriate $500.00 to Mrs. Bertha Mae Martin, Atlanta, Georgia, mother of Curtis Sargent, an inmate of the Training School for Mental Defectives at Gracewood, Georgia, who perished in the fire which destroyed a dormitory of that institution; and for other purposes. Referred to the Committee on Special Appropriations. By Mr. Kennedy of Tattnall- House Bill No. 492. A bill to be entitled an Act to establish State standards of weights and measures, the duties of the Commissioner of Agriculture in connection therewith; and for other purposes. Referred to the Committee on General Agriculture No. I. By Messrs. Harris, Jones and Lester of Richmond- House Bill No. 493 A bill to be entitled an Act to amend Section I I3-1409 of the Code of Georgia of I933, relating to the filing of annual returns by administrators and executors; to provide for the time of filing of such returns; and for other purposes. Referred to the Committee on Special Judiciary. By Messrs. Turner and Dunaway of DeKalb- House Bill No. 494 A bill to be entitled an Act to amend Chapter 95-15 of the Code of Georgia of 1933 relating to the Law appertaining to the State Highway Department by adding a new section to be designated as Section 95-1507 providing authority for the State Highway Department to curb and pave, at its option and discretion, sidewalks adjacent to State Highways; and for other purposes. TUESDAY, FEBRUARY 18, 1941 Referred to the Committee on Public Highways No. 2. Mr: Chastain of Thomas County, Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. SpeakerYour 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 wth the following recommendations: House Bill No. 399 Do pass. House Bill No. 414. Do pass. House Bill No. 275 Do pass. House Bill No. 437 Do pass. House Bill No. 422. Do pass. House Bill No. 432. Do pass. House Bill No. 425. Do pass. House Bill No. 410. Do pass. House Bill No. 428. Do pass. House Bill No. 473 Do pass. House Bill No. 340. Do pass. House Bill No. 427. Do pass. House Bill No. 400. Do pass, as amended. House Bill No. 417. Do pass, as amended. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Dunaway of DeKalb County, Chairman of the Committee on Municipal Government, submitted the following report: Mr. Speaker: Your Committee on Muncipal 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. 418. Do pass. House Bill No. 424. Do pass. House Bill No. 430. Do pass. House Bill No. 433 Do pa~s. JOURNAL OF THE HOUSE, House Bill No. 435 Do pass. House Bill No. 440. Do pass. House Bill No. 447 Do pass. House Bill No. 455 Do pass. House Bill No. 456. Do pass. House Bill No. 457 Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Davis of Coweta 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. 46-259A. Do pass. House Resolution No. 53-297B. Do pass. Respectfully submitted, Davis of Coweta, Chairman. The following bills and resolutions of the House, favorably reported, were read the second time: By Mr. Hart of Thomas- House Resolution No. 46-259A. A resolution providing that the Ordinary of Thomas County be furnished certain copies of the Georgia Supreme Court Reports; and for other purposes. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton- House Bill No. 275. A bill to be entitled an Act to amend an Act 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 15o,ooo or more inhabitants"; and for other purposes. By Mr. Looper of Dawson- House Resolution No. 53-297B. A resolution authorizing the State Librarian to furnish to the Clerk of the Superior Court of Dawson County, without fee or cost to said county certain enumerated volumes of the Georgia Supreme Court; and for other purposes. By Messrs. Lester, Harris and Jones of Richmond- TUESDAY, FEBRUARY 18, 1941 443 House Bill No. 340. A bill to be entitled an Act to amend an Act approved March 24, 1939, entitled: "An Act to amend an Act changing the classes and amounts of commissions allowed to tax receivers and tax collectors; and for other purposes. By Mr. Ferguson of Camden- House Bill No. 399 A bill to be entitled an Act to repeal an Act in so far as it applies to Camden County, entitled an Act to create Boards of Commissioners of Roads and Revenues for Echols, Thomas and Camden Counties; and for other purposes. By Mr. Ferguson of Camden- House Bill No. 400. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Camden County; and for other purposes. By Mr. Rees of Webster- House Bill No. 410. A bill to be entitled an Act to reduce the bond of the Sheriff of Webster County; and for other purposes. By Mr. Gowen of Glynn- House Bill No. 414. A bill to be entitled an Act to amend an Act approved February II, 1937, to create a Board of Commissioners of Roads and Revenues for Glynn County; and for other purposes. By Mr. Rossee of Putnam- House Bill No. 417. A bill to be entitled an Act to amend the Act approved September 8, 1879, creating a Board of Commission.ers of Roads and Revenues for the County of Putnam; and for other purposes. By Messrs. Hunnicutt and Price of Clarke- House Bill No. 418. A bill to be entitled an Act to amend an Act inc~rporating the Board of Education of Athens, Georgia; and for other purposes. By Mr. Gross of Stephens- House Bill No. 422. A bill to be entitled an Act to amend an Act to abolish the office of Tax Receiver and Tax Collector of Stephens County; and for other purposes. By Mr. Dunn of Lamar- House Bill No. 424. A bill to be entitled an Act to amend the Charter of the City of Barnesville; and for other purposes. By Mr. Daves of Dooly- House Bill No. 425. A bill to be entitled an Act to amend an Act apprQved August 13, 1929, creating a Board of Commissioners of Roads and Revenues for the County of Dooly; and for other purposes. By Messrs. Goddard and Swint of Spalding- 444 JOURNAL OF THE HOUSE, House Bill No. 427. A bill to be entitled an Act to reduce the bond of the Sheriff of Spalding County; and for other purposes. By Messrs. Wells and Lewis of Burke- House Bill No. 428. A bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke"; and for other purposes. By Mr. Dyal of Appling- House Bill No. 430. A bill to be entitled an Act to amend an Act to amend the Charter of the City of Baxley; and for other purposes. By Messrs. Ford and Jones of Worth- House Bill No. 432. A bill to be entitled an Act to amend an Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County; and for other purposes. By Mr. Wilbanks of Cherokee- House Bill No. 433 A bill to be entitled an Act to establish a new Charter for the City of Canton; and for other purposes. By Messrs. Williams and Hardy of Jackson- House Bill No. 435 A bill to be entitled an Act to amend an Act incorporating the City of Commerce; and for other purposes. By Messrs. Kea and Lovett of Laurens- House Bill No. 437 A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Laurens; and for other purposes. By Messrs. Allison and Roberts ofGwinnett- House Bill No. 440. A bill to be entitled an Act to amend an Act creating a new Charter and Municipal Government for the City of Buford; and for other purposes. By :Mr. Gross of Stephens- House Bill No. 447 A bill to be entitled an Act to amend an Act approved December 20, 1897, incorporating the City of Toccoa; and for other purposes. By Mr. Rossee of Putnam- House Bill No. 455 A bill to be entitled an Act to amend an Act approved August 5, 1908, creating and establishing a new Charter for the City of Eatonton; and for other purposes. Ry Mr. Bradbury of Oconee- House Bill No. 456. A bill to be entitled an Act to amend an Act entitled "An Act to incorporate the Town of Bogart"; and for other purposes. TUESDAY, FEBRUARY 18, 1941 445 By Mr. Wells of Clayton- House Bill No. 457 A hill to he entitled an Act to amend an Act to incorporate the Town of Riverdale; and for other purposes. By Mr. Davis of Coweta- House Bill No. 473 A hill to he entitled an Act to repeal an Act to provide a salary in lieu of fee system of the clerk of the Superior Courts and other courts served by the Clerk of Superior Courts in counties of26,75o-27,750 inhabitants; and for other purposes. By unanimous consent, the following hills and resolutions of the Senate were read the first time and referred to the committees: By Senator Hill of the 36th District- Senate Bill No. 72. A bill to he entitled an Act to amend the title of the Act approved February 16, 1938, (Georgia Laws of 1937-38) which authorizes the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; and for other purposes. Referred to the Committee on Ways and Means. By Senator Clark of the 44th District- Senate Bill No. 74 A hill to he entitled an Act to promote temperance and prosperity for Georgia by providing for licensing of retail dealers and by providing for a license tax on retail dealers; and for other purposes. Referred to the Committee on Ways and Means. By Senators Redwine of the 26th District, Clark of the 44th District, Edenfield of the 4th District, and Smith of the 24th District- Senate Bill No. So. A hill to he entitled an Act permitting insurance companies to do business in Georgia and making voluntary deposits with the State Treasurer; and for other purposes. Referred to the Committee on Insurance. By Senator Smith of the 24th District- Senate Resolution No. 26-SoA. A resolution to authorize the Commissioners of Roads and Revenues of Muscogee County to pay hack salary of Thomas C. Bowden, as Judge of the City Court of Columbus; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Coker of the 39th District- Senate Bill No. 81. A hill to he entitled an Act to amend Section 32-904 of the Code of Georgia by providing a per diem not to exceed '$6.oo for each day's service of members of the County Board of Education; and for other purposes. Referred to the Committee on Counties and County Matters. JOURNAL OF THE HOUSE, By Senator Coker of the 39th District- Senate Bill No. 82. A bill to be entitled an Act to amend the Charter of the Town of Canton in the County of Cherokee; and for other purposes. Referred to the Committee on Municipal Government. By Senator Whaley of the 45th District- Senate Bill No. 8J. A bill to be entitled an Act to amend an Act entitled "Highway Mileage", so as to add to said map a certain public road in the counties of Telfair, Dodge and Laurens; and for other purposes. Referred to the Committee on Public Highways No. 1. By unanimous consent, the following bill of the House was withdrawn from the Committee on Education No. 2 and recommitted to the Committee on Education No.1: By Mr. Hatchett of Meriwether- Hause Bill No. 466. A bill to be entitled an Act to amend an Act relating to the compensation of County Superintendents of Schools so as to allow for clerical help; and for other purposes. By unanimous consent, action on the Governor's Veto Message on the following resolutions of the House was postponed until tomorrow morning immediately after the period of unanimous consents: By Messrs. Grice, Bloodworth and Weaver of Bibb- House Resolution No. IJ-J2B. A resolution to amend the Constitution of Georgia so as to allow the City of Macon to exempt new buildings, machinery, etc., from certain taxes; and for other purposes. By Messrs. Grice, Blooclworth and Weaver of Bibb- House Resolution No. 14-34A. A resolution to amend the Constitution of Georgia so as to empower the City of Macon to levy a less varying property tax on future territory acquired than is applicable to its present territory; and for other purposes. Mr. Ferguson of Sumter moved that the House reconsider its action in failing to pass the following bill of the House: By Messrs. Ferguson and Suggs of Sumter- House Bill No. 46. A bill to be entitled an Act to designate a time line; and for other purposes. On the motion to reconsider, the ayes were 95, the nays 45 House Bill No. 46 was reconsidered and placed at the foot of the calendar. The following message was received from the Senate through Mr. Camp, the Secretary thereof: TUESDAY, FEBRUARY 18, 1941 447 Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House, te-wit: By Mr. Hogg of Marion- House Bill No. 131. A bill to repeal an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Marion County; and for other purposes. By Mr. Hogg of Marion- House Bill No. 132. A bill to create the office of Commissioner of Roads and Revenues of Marion County; and for other purposes. The Senate has adopted the report of the Conference Committee on the following bill of the Senate, to-wit: By Senators Redwine of the 26th District, Whaley of the 45th Distr'.ct, and others- Senate Bill No.6. A bill to amend the Act changmg the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission; and for other purposes. The following message was received from the Senate through Mr. Camp, 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. Lester, Harris, and Jones of Richmond- House Bill No. 336. A bill to amend the Charter of the City of Augusta; and for other purposes. By-Messrs. Lester, Harris and Jones of Richmond- House Bill No. 337 A bill to amend the Charter of the City of Augusta; and for other purposes. By Messrs. Lester, Harris and Jones of Richmond- House Bill No. 338. A bill to amend the Act creating a Civil Service Commission for the City of Augusta; and for other purposes. The following conference committee report was submitted and read: Mr. Speaker: We, your Conference Committee appointed on Senate Bill No. 6 beg to submit the following report: (r) We recommend that the Senate recede from its position in insisting on its amendment to Senate Bill No. 6. JOURNAL OF THE HOUSE, (2) We recommend that the House recede from its position in insisting on its amendment to Senate Bill No. 6. (J) We recommend that the following amendment be made to said bill in lieu of the aforesaid House and Senate amendments, as heretofore adopted: By inserting in the caption of said bill, before the words "to repeal conflicting laws," the following words: "to provide for the appointment of a Chairman of the State Prison and Parole Commission, and fix his term; to provide for the appointment and removal of wardens and guards; to provide rules and regulations for the governing of convicts and convict camps;" By striking from Section I of Senate Bill No.6 the words "any action of the State Prison and Parole Commission with reference to any parole, probation, or pardon shall not be affected unless and until such action is approved by the Governor, and no prisoner shall be released upon parole, probation, or pardon unless and until the record in the said case shows that his or her prison record was satisfactory," and inserting in lieu thereof the following: "any action of the State Prison and Parole Commission with reference to any parole, probation, or pardon shall be effective only if approved by a majority of the Board and the Governor, and no prisoner shall be released upon parole or probation unless and until the record in the said case shows that his prison record was satisfactory;" And by adding to same a new section to be numbered Section 4A and to read as follows: "Section 4A. The Governor shall appoint one member of the Prison and Parole Commission as Chairman for a term of one year and until his successor is appointed. The said Prison and Parole Commission shall have authority, with the approval of the Governor, to employ and discharge Wardens and Guards for proper cause shown, and t~. make rules and regulations governing the convicts and convict camps of this State. Respectfully submitted, Conferees on the part of the Senate: CAMPBELL of the 34th District KIRKLAND of the 49th District J. H. CLARK of the 44th District Conferees on the part of the House: CuLPEPPER of Fayette JoHN T. DoRSEY of Cobb BLEASE of Brooks On the adoption of the conference committee report, the ayes were I I 4, the nays r. The conference committee report having received the requisite majority was adopted. TUESDAY, FEBRUARY 18, 1941 ' 449 Under the regular order of business the following bill of the House was taken up for consideration, and read the third time: By Mr. Elliott of Muscogee-- House Bill No. 48. A bill to be entitled an Act to regulate the practice of Optometry; and for other purposes. A substitute offered by Mr. Elliott of Muscogee to House Bill No. 48 was read. Mr. McNall of Chatham moved that House Bill No. 48 and all substitutes and amendments be tabled. On the motion to table, Mr. Dunaway of DeKalb moved the ayes and nays and the call was sustained. On the motion to table, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Arnall Aultman Barlow Bowen Branch Clements Curry Dalton Deal Drake Dunn Easler Gavin Gill Gillis Goolsby Gowen Graham Gray Grayson Griffin Guerry Hardman Harris Howard Inglis Johnson of Pike Jones of Worth Kelley Kennedy Lewis MavitY Mcintosh McEntire McNall Mills Mixon Moore of Taliaferro Musgrove Pilcher Russell Shannon Smiley Smith of Washington Southwell Strickland Swint Thigpen Walker Warnock Wells of Burke Wells of Telfair Williams of Bacon Williams of Ware Wren Those voting in the negative were Messrs.: Anderson Anglin Ansley Bates Bentley Bloodworth Boone Bradbury Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Campbell Chastain Connell Culpepper Dallis Dean Dorsey Drinkard Dunaway Dupree Edwards Elliott Ennis, Marion JOURNAL OF THE HOUSE, Etheridge Joiner Ferguson of Sumter Jones of Dodge Ford Jones of Richmond Foster of Towns Kaigler Fuller Kea of Laurens Gaston Key of Jasper Goddard Looper Grice Lovett Gross Maddox Hagan Mankin Hand Mann Harden Martin Hardy Mason Harrison Mims Hart Moate Hartness Moore of Lumpkin Hatchett Pannell Heard Parker Herrin Prullips Hicks Pinkston Hogg Price Horne Rees Hunnicutt Richardson Johnson of Chattahoochee Roberts of Gwinnett Roberts of Walton Rogers Rossee Rowland Sabados Sheppard Simmons Smith of Barrow Smith of Hall Smith of Schley Smitha Taft Thompson Wells of Clayton Welsch Wetherbee Whipple Wilbanks Williams of Harris Williams of Jackson Willoughby Witherington Wohlwender Woods Those not voting were Messrs.: Atkinson Barber Bennett Blackshear Blease Brinson Callaway Candler Cowart Daves Davis Dyal Ennis, J. H. Ferguson of Camden Forrester Foster of Paulding Fowler Greene Holtzendorf Hooks Ingram Jackson Jones of Brantley Kendrick Lester Livingston Maund Maxwell McClure McCracken Miller Moss Pettit Pickett Pittman Reiser Rich Roughton Sills Smith of Carroll Suggs Tappan Turner Vickers Weaver Wright Yawn On the motion to table, the ayes were 58, the nays 99 The motion to table was lost. Mr. Jones of Richmond moved the previous question, the call was sustained and the main question ordered. TUESDAY, FEBRUARY 18, 1941 An amendment to the substitute by Mr. Lewis of Burke was read and adopted. An amendment to the substitute by Mr. Wohlwender of Muscogee was read and lost. An amendment to the substitute by Mr. Barlow of Colquitt was read and lost. An amendment to the substitute by Mrs. Mankin of Fulton was read and adopted. An amendment to the substitute by Mrs. Mankin of Fulton was read and lost. An amendment to the substitute by Mr. Whipple of Bleckley was read and lost. 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, Mr. Elliott of Muscogee moved the ayes and nays, and the call was sustained. On the passage of the bill, by substitute as amended, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Anderson Anglin Ansley Barber Bates Bentley Bloodworth Bowen Boone Bradbury Brooks of Mitchell Bruce Caldwell Callaway Campbell Candler Chastain Curry Dallis Deal Dean Dorsey Drinkard Dunaway Dunn Elliott Ether.dge Lovett Ferguson of Sumter Maddox Fuller Mankin Gaston Martin Gavin Mason Goddard Mixon Grice Moore of Lumpkin Gross Pannell Guerry Parker Hagan Pettit Hand Pinkston Harden Price Harrison Richardson Hart Roberts of Walton Hatchett Rogers Heard Rossee Hicks Rowland Hogg Sabados Hunnicutt Simmons Johnson of Chattahoochee Smith of Hall Jones of Dodge Smitha Jones of Richmond Suggs Kea of Laurens Swint Key of Jasper Tappan Lester Thompson Lewis Turner JOURNAL OF THE HOUSE, Wells of Clayton Wells of Telfair Welsch Wetherbee Wrupple Those voting in the negative were Messrs.: Adams Aiken Allison Arnall AtkinsOil Aultman Barlow Bennett Branch Bridges Brooks of Oglethorpe Bmum Clements Connell Cowart Dalton Daves Drake Dupree Dyal Easler Edwards Ennis, Marion Ford Forrester Foster of Towns Fowler Gill Gillis Goolsby Gowen Graham Gray Grayson Griffin Hardman Hardy Herrin Holtzendorf Hooks Home Howard Inglis Jackson Johnson of Pike Joiner Jones of Brantley Jones of Worth Kaigler Kelley Kennedy Looper Mann Maund Mavity McClure McCracken Mcintosh McEntire McNall Those not voting were Messrs.: Blackshear Blease Brinson Culpepper Davis Ennis, J. H. Ferguson of Camden Foster of Paulding Greene Harris Hartness Ingram" Kendrick Livingston Maxwell Miller Pmllips Pickett Pittman Rees Williams of Harris Williams of Jackson Mills Mims Moate Moore of Taliaferro Moss Musgrove Pilcher Rich Roughton Russell Shannon Sheppard Sills Smiley Smith of Barrow Smith of Schley Smith of Washington Southwell Walker Warnock Wilbanks Williams of Bacon Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Reiser Roberts of Gwinnett Smith of Carroll Strickland Taft Thigpen Vickers Weaver Wells of Burke Yawn TUESDAY, FEBRUARY 18, 1941 453 On the passage of the bill, by substitute as amended, the ayes were 85, the nays The bill having failed to receive the requisite constitutional majority was lost. By unanimous consent, the Clerk was authorized to exchange the backs on House Bill Nos. 442 and 443 Mr. Culpepper of Fayette moved that the House do now adjourn, and the motion prevailed. Leave of absence was granted Mr. Smith of Schley. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock. 454 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Wednesday, February 19, 1941. 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 Mr. Hooks of Emanuel. The roll was called and the following members answered to their names: Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Bates Bennett Bentley Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason McClure McCracken Mcintosh McEntire McNall WEDNESDAY, FEBRUARY 19, 1941 455 Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Sheppard Sills Simmons Smiley Smith of Barrow Smith of Hall Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Thigpen Thompson Walker Warnock Weaver Wells of Burke Wells of Clayton Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First reading and reference of Senate Bills. By unanimous consent, the following bill of the House was withdrawn from further consideration of the House: By Mr. Dyal of Appling- House Bill No. 372. A bill to be entitled an Act to amend an Act entitled an Act to prevent and prohibit the adulteration of spirits of turpentine and naval stores; and for other purposes. By unanimous consent, the following bills and resolutions were introduced, read the first time and referred to the committees: JOURNAL OF THE HOUSE, By Messrs. Atkinson, Grayson, and McNall of Chatham- House Bill No. 495 A bill to be entitled an Act to provide for the date of holding four terms of the Superior Court of Chatham County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 496. A bill to be entitled an Act to reduce the official bond of the Sheriff of Sumter County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Jackson of Henry- House Bill No. 497 A bill to be entitled an Act to amend an Act creating the City Court of Henry County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Dyal of Appling- House Bill No. 498. A bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for Appling County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Evans of McDuffie, Culpepper of Fayette, Lovett of Laurens, Blease of Brooks, and Elliott of Muscogee- House Bill No. 499 A bill to be entitled an Act to provide for the survival or suits commenced by or against public officers in their official capacity in favor of of against their successors in office in the event of death, removal, resignation or expiration of the term of such officers; and for other purposes. Referred to the Committee on State of Republic. By Mr. Witherington of Wilcox- House Bill No. 500. A bill to be entitled an Act to amend the Act of 1939 so as to change the regular monthly meeting of Commissioners of Roads and Revenues of Wilcox County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Drinkard of Lincoln- House Bill No. 501. A bill to be entitled an Act to amend an Act approved August 19, 1916 to provide as compensation for the Treasurer of Lincoln County a salary of $300.00; and for other purposes. Referred to the Committee on Counties and County Matters. WEDNESDAY, FEBRUARY 19, 1941 457 By Mr. Witherington of Wilcox- House Bill No. 502. A bill to be entitled an Act to provide for an appropriation from the State Treasurer for the purpose of purchasing and binding law books for the County of Wilcox; and for other purposes. Referred to the Committee an Special Appropriations. By Mr. Boone of Wilkinson- House Bill No. 503. A bill to be entitled an Act to amend Section 39-1103 of the Code of Georgia providing how and by whom the official organ shall be selected in all counties having a population of more than 11,022 and less than u,o27; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Bruce, Dallis, and Caldwell of Troup- House Bill No. 504. A bill to be entitled an Act creating a City Charter for Hogansville; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Brooks of Mitchell- House Bill No. 505. A bill to be entitled an Act to amend an Act entitled "General Tax Act" by providing that persons, firms or corporations operating established places of business, who pay business licenses taxes thereon, and who own and operate merchandising vending machines for dispensing articles composed partly of peanuts, pecans, or other nuts grown in the United States shall be exempt from such machine license taxes; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Rich of Union- House Bill No. 506. A b;ll to be entitled an Act to exempt from the operation of Sections 62-510, 62-5II of the Code of Georgia, certain militia districts in Union County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. McNall, Grayson, and Atkinson of Chatham- House Bill No. 507. A bill to be entitled an Act to amend Highway Mileage Act so as to place Montgomery Street extension in Chatham County on State Road System; and for other purposes. Referred to the Committee on Highways No. 1. By Messrs. Atkinson, Grayson, and McNall of Chatham- House Bill No. 508. A bill to be entitled an Act to create a new municipality ln Chatham County to be known as Garden City; and for other purposes. Referred to the Committee on Municipal Government. JOURNAL OF THE HOUSE, By Mr. Mann of Whitfield- House Bill No. 509. A bill to be entitled an Act to amend Title 84 ("Professions, Business and Trades"), Chapter 84-2 ("Accountants") of the Code of Georgia of 1933, as amended, to provide for termination term present members, State Board of Accountancy, the appointment of members of the State Board of Accountancy; and for other purposes. Referred to the Committee on State of Republic. By Mr. Mann of Whitfield- House Bill No. 510. A bill to be entitled an Act to change the method of compensating the Ordinary in all counties in the State having a population of not less than 26,104 nor more than 26,106 inhabitants; and for other purposes. Referred to, the Committee on Counties and County Matters. By Messrs. Weaver, Grice, and Bloodworth of Bibb- House Bill No. 511. 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 Macon, Georgia to issue notes or debt certificates for financing appropriations for and contributions to local, state or national defense, and to provide the terms of their issue; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Mr. Greene of Jones- House Resolution No. 89-51 IA. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Article 7, Section I, Paragraph I, of the Constitution of Georgia relating to taxation, how and for what purpose exercised, by providing that widows of ex-confederate soldiers who were residents of this State on January I, 1935 shall be authorized to receive pensions and taxes levied therefor; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. By Messrs. Barber and Barlow of Colquitt- House Resolution No. 9o-5 I I B. A resolution 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 City of Doerun to refund its present or any future bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Mr. Smitha of Carroll- House Bill No. 512. A bill to be entitled an Act to prohibit the officials of any City in this State from passing any ordinance changing the time in effect for said City; and for other purposes. Referred to the Committee on Municipal Government. WEDNESDAY, FEBRUARY I9, I94I 459 By Messrs. Welsch and Dorsey of Cobb- House Bill No. 5IJ. A bill to be entitled an Act to amend the Charter of the City of Marietta; and for other purposes. Referred to the Committee on Municipal Government. 'Mr. Chastain of Thomas County, Chairman of the Committee on Counties and County Matters, submitted the followmg 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. 479 Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. H:trden of Turner County, 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 Chairman, to report the same back to the House with the following recommendation: House Bill No. 88. Do not pass. Respectfully submitted: Harden of Turner, Chairman. Mr. Hatchett of Meriwether County, Chairman of the Committee on Education No. I, submitted the following report: Mr. Speaker: Your Committee on Education No. I 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 pass. House Bill No. 475 Do pass. House Bill No. 476. Do pass. Respectfully submitted, Hatchett of Meriwether, Chairman. Mr. Pannell of Murray County, Chairman of the Committee on General Judiciary No. I, submitted the following report: JOURNAL OF THE HOUSE, 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: Senate Bill No. 48. Do pass. House Bill No. 44 Do ~ot pass. House Bill No. 208. Do pass, by substitute. House Bill No. 19. Do pass, by substitute. Respectfully submitted, Pannell of Murray, Chairman. Mr. Livingston of Polk County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report: Mr. Speaker: Your Committee on Hygiene and Sanitation have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 402. Do pass. Respectfully submitted, Livingston of Polk, Chairman. Mr. Callaway of Newton County, Chairman of the Committee on Special ApprOpriations, submitted the following report: Mr. Speaker: Your Committee on Special Appropriations have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 165. Do pass, as amended. House Bill No. 474 Do not pass. House Bill No. 490. Do pass. Respectfully submitted, Callaway of Newton, Chairman. Mr. Lovett of Laurens County, Chairman of the Committee on Ways and Means, ~ubmitted the following report: Mr. Speaker: Your Committee on Ways and Means have had under consideration the follow- WEDNESDAY, FEBRUARY 19, 1941 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. 378. Do pass, as amended. Senate Bill No. 31. Do pass. Respectfully submitted, Lovett of Laurens, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Couch of the pnd District- Senate Bill No. 31. A bill to be entitled an Act to amend Section 92-3715 ot the Code of Georgia of 1933 relative to County Taxation and Pauper Tax, so as to provide that said tax will not exceed one and one-fourth mil\s except by two-thirds vote of two successive Grand Juries; and for other purposes. By Senator Campbell of the 34th District- Senate Bill No. 48. A bill to be entitled an Act to amend an Act of the General Assembly of Georgia to abolish the fee system now existing in the Superior Courts of the Stone Mountain Judicial Circuit as applied to the office of solicitor general; and for other purposes. By Messrs. Bloodworth, Grice, and Weaver of Bibb- House Bill No. 165. A bill to be entitled an Act to appropriate to the State Department of Public Welfare, in addition to any other appropriation made thereto, certain sums for the support, maintenance and equipment of the Negro Division of the Georgia Training School for Girls; and for other purposes. By Mr. Woods of Emanuel- House Bill No. 208. A bill to be entitled an Act to permit Sunday Picture Shows in Georgia-to levy a tax thereon for old age pensions; and for other purposes. By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 378. A bill to be entitled an Act to levy an excise or privilege tax upon the recording of certain documents; to provide that such tax shall be evidenced by a stamp or stamps to be affixed to documents and cancelled at the time of recording; and for other purposes. By Messrs. Williams of Harris, Roughton of Washington, and Caldwell and Dallis of Troup- House Bill No. 402. A bill to be entitled an Act to further regulate the practice of osteopathy and to increase the educational requirements of applicants for license to practice osteopathy; and for other purposes. JOURNAL OF THE HOUSE, By Mr. Hatchett of Meriwether- House Bill No. 466. A bill to be entitled an Act to amend Section 32-1006 of the Georgia Code of 1933 relating to the compensation of county superintendents of schools; and for other purposes. By Mr. Hatchett of Meriwether- House Bill No. 475 A bill to be entitled an Act to amend Section 32-2401 of the Code of Georgia of 1933, relating to the powers and duties of the State Board of Education with respect to adult illiteracy; and for other purposes. By Mr. Hatchett of Meriwether- House Bill No. 476. A bill to be entitled an Act to amend Chapter 32-25 of the Code of Georgia of 1933, authorizing County Commissioners or ordinaries to carry on schools for instructing adult illiterates; and for other purposes. By Mr. Jackson of Hepry- House Bill No. 479 A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner for Henry County; and for other purposes. By Messrs. Weaver, Grice, and Bloodworth of Bibb- House Bill No. 490. A bill to be entitled an Act to place to the credit of the Emergency Fund an amount not to exceed $1,000.00 and to authorize the Governor to disburse so much thereof, as will suffice to pay for a burial lot and funeral of Fred Black, Jr., a State Highway Patrolman who was killed in the discharge of his duties to the State of Georgia; and for other purposes. By unanimous consent, the following bills of the House were read the third time, and placed upon their passage: By Mr. Ferguson of Camden- House Bill No. 399 A bill to be entitled an Act to repeal an Act so far as it applies to Camden County, entitled an Act to create Boards of Commissioners of. Roads and Revenues for Echols, Thomas and Camden 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 103, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Ferguson of Camden- House Bill No. 400. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Camden County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, FEBRUARY 19, 1941 On the passage of the bill, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Rees of Webster- House Bill No. 410. A bill to be entitled an Act to reduce the bond of the Sheriff of Webster 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Gowen of Glynn- House Bill No. 414. A bill to be entitled an Act to amend an Act approved February II, I9J7, to create a Board of Commissioners of Roads and Revenues for Glynn County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were ro6, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Rossee of Putnam- House Bill No. 4I7. A bill to be entitled an Act to amend the Act approved September 8, I 879 creating a Board of Commissioners of Roads and Revenues for the County of Putnam and defining its powers and duties; and for other purposes. The following amendment to House Bill No. 4I7 was read and adopted: Mr. Rossee of Putnam moves to amend House Bill No. 417 amending line 9 in Section 2 thereof by striking the word "Treasurer" and inserting in place thereof the word "County Depository", and in Section 2, line 27 thereof, by striking the word "quarterly" and inserting in the place thereof the word "monthly". 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 o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Hunnicutt and Price of Clark- House Bill No. 4I8. A bill to be entitled an Act to amend an Act incorporating the Board of Education of Athens, Georgia, by providing that the same Board shall have increased powers with the right to sell any property held in the name of the Board when it is determined that the property is not necessary; and for other purposes. 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 108, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gross of Stephens- House Bill No. 422. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Dunn of Lamar- House Bill No. 424. A bill to be entitled an Act to amend the Charter of the City of Barnesville; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 10, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Daves of Dooly- House Bill No. 425. A bill to be entitled an Act to amend an Act approved August IJ, I929 creating a Board of Commissioners of Roads and Revenues for the County of Dooly; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I I, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Goddard and Swint of Spalding- House Bill No. 427. A bill to be entitled an Act to reduce the bond of the Sheriff of Spalding County from $IO,ooo.oo to $5,ooo.oo; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I IJ, the nays o. The bill having received the requisite constitutional majority was passed. WEDNESDAY, FEBRUARY 19, 1941 By Messrs. Wells and Lewis of Burke- House Bill No. 428. A bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Burke"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I4, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Dyal of Appling- House Bill No. 430. A bill to be entitled an Act to amend an Act to amend the Charter of the City of Baxley; to provide for appointment of two additional Board members; and for other purposes. Th!! report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I2, the nays o. hm The having received the requisite constitutional majority was passed. By Messrs. Ford and Jones of Worth- House Bill No. 432. A bill to be entitled an Act to amend an Act to create and establish a Board of Commissioners of Roads and Revenues of the County of Worth; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were II 5, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Wilbanks of Cherokee- House Bill No. 433 A bill to be entitled an Act to establish a new Charter for the City of Canton; to provide power and authority for the enactment and passage of Zoning and Planning Laws and Ordinances; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were n6, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Williams and Hardy of Jackson- House Bill No. 435 A bill to be entitled an Act to amend an Act incorporating the City of Commerce, by authorizing the Mayor and Council of Commerce to license JOURNAL OF THE HOUSE, the operation of Box Ball or Bowling Alleys within the limits of 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 II7, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Kea of Laurens- House Bill No. 437 A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Laurens; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 23, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Allison and Roberts of Gwinnett- House Bill No. 440. A bill to be entitled an Act to amend an Act creating a new Charter for the City of Buford, approved December 24, I9J7; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I 8, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gross of Stephens- House Bill No. 447 A bill to be entitled an Act to amend an Act approved December 20, I897, incorporating the City of Toccoa; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I9, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Rossee of Putnam- House Bill No. 455 A bill to be entitled an Act to amend an Act approved August 5, I908 creating and establishing a new Charter 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. WEDNESDAY, FEBRUARY 19, 1941 On the passage of the bill, the ayes were 120, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Bradbury of Oconee- House Bill No. 456. A bill to be entitled an Act entitled "An Act to incorporate the Town of Bogart, in Oconee County", approved August 24, 1905; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Wells of Clayton- House Bill No. 457 A bill to be entitled an Act to amend an Act to incorporate the Town of Riverdale; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 122, the nays o. The bill having received the requisite constitutional majority was passed. The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the Committee on Education No. 2: By Messrs. Smith and Smitha of Carroll- House Bill No. 88. A bill to be entitled an Act to amend the Code of Georgia of 1933 so as to provide that members of the Boards of Education shall be elected; and for other purposes. By unanimous consent, the following bill of the House was recommitted: By Messrs. Grice, Bloodworth and Weaver of Bibb, and Turner, Candler and Dunaway of DeKalb- House Bill No. 165. A bill to be entitled an Act to appropriate to the State Department of Public Welfare certain sums for the support and equipment of the Negro Division of the Georgia Training School for Girls; and for other purposes. The following resolution of the House was read: By Mr. Simmons of Decatur- House Resolution No. 91. A resolution to increase the number of the Committee of the House to Investigate Labor Racketeering from six to ten members. Mr. Brinson of Chattooga moved the previous question, the call was sustained and the main question ordered. JOURNAL OF THE HOUSE, The resolution was lost. Upon the motion of Mr. Brinson of Chattooga, the House gave a rising vote of confidence to the Committee of the House to Investigate Labor Racketeering The following resolution was read and adopted: By Mr. Johnson of PikeHouse Resolution No. 92. A resolution authorizing the Custodian to secure a flag of Georgia and a flag of the United States behind the Speaker's Stand and providing for the House to pledge anew allegiance to these flags. The following resolution of the House was read: By Messrs. Evans of McDuffie, Drinkard of Lincoln, Pannell of Murray, Boone of Wilkinson, and Blease of Brooks- House Resolution No. 5t tree and vegetable seeds transported, sold, offered or exposed for sale within this State for sowing purposes, at such time and place and to such an extent as he may deem necessary, when funds are available, to determine whether said agricultural, certain forest tree or vegetable seeds in compliance with the provisions of this Act, ancl to notify promptly the person who transported, sold, offered or exposed the seed for sale, of any violation. (2) To prescribe, and after public hearing following due public notice, to adopt rules and regulations governing the methods of sampling, inspecting, analysis, tests and examination of agricultural, certain forest tree and vegetable seed, and the tolerances to be followed in the administration of this Act. (b) Further, for the purpose of carrying out the provisions of this Act, the THURSDAY, FEBRUARY 2o, I941 495 Commissioner of Agriculture individually or through his authorized agents, IS authorized: (I) To enter upon any public or private premises during regular business hours in order to have access to seeds subject to the act and the rules and regulations thereunder and to make inspections to determine if seeds being transported are in compliance with this Act and the rules and regulations thereunder. Every shipment of seed covered by this Act shall be accompanied by a bill of lading or other evidence giving the name and address of the consignor and consignee and class and amount of each being transported for delivery within this State. (2) To issue and enforce a written or printed "stop-sale" order to the owner or custodian of any lot of agricultural, certain forest tree seeds, or vegetable seeds which the Commissioner of Agriculture finds is in violation of any of the provisions of this Act which shall prohibit further sale of such seed until such officer has evidence that the law has been complied with; Provided, that in respect to seeds which have been denied sale as provided in this paragraph, the owner or custodian of such seeds shall have the right to appeal from such order to a court of competent jurisdiction where . the seeds are found, praying for a judgment as to the justification of said order and for the discharge of such seed from the order prohibiting the sale in accordance with the findings of the court; and provided further, that the provisions of this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this Act. (J) To establish and maintain or make provisions for seed testing facilities, and to incur such expenses as may be necessary to comply with these provisions. The analyst in charge of seed control work must meet the educational recommendations of the Association of Official Seed Analysts. (4) To make or provide for making purity and germination tests of seeds for farmers and dealers on request; to prescribe, rules and regulations governing such testing; and to fix and collect charges for the tests made. All funds collected or accruing under the provisions of this Act shall be paid in the general fund of the office of the Commissioner of Agriculture and together with any additional funds that might be necessary to be drawn from said general fund for the efficient performance of the duties of the Commissioner of Agriculture and enforcement of provisions of this Act, be expended by the Commissioner of Agriculture upon proper vouchers. (5) To cooperate with the United States Department of Agriculture in seed law enforcement. SEIZURE SECTION 6. Any lot of agricultural, certain forest tree, or vegetable seed not in compliance with the provisions of this Act shall be subject to seizure on complaint of the Commissioner of Agriculture to a court of competent jurisdiction in the area in which the seed is located. In the event that the court finds the seed to be in such violation of the Act and orders the condemnation of said seed, it shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this St~te; :Provided, that in no instance shall such disposition of said seed be ordered by the court without first having given the claimant an opportunity to apply JOURNAL OF THE HOUSE, to the court for the release of said seed or permission to process or relabel it to bring it into compliance with the Act. VIOLATIONS AND PROSECUTIONS SECTION 7 Every violation of the provisions of this Act shall be deemed a misdemeanor punishable by a fine not less than ten dollars and not exceeding one hundred dollars for the first offense and not exceeding two hundred and fifty dollars for each subsequent similar offense. When the Commissioner of Agriculture shall find that any person has violated any of the provisions of this Act, he or his duly authorized agents may institute proceedings in the court of competent jurisdiction in the area in which the violation occurr~d, to have such person convicted therefore, or the Commissioner of Agriculture may file with ~he Attorney General with the view of prosecution such evidence as may be deemed necessary; Provided, however, that no prosecution under this Act shall be instituted without first having given the defendant an opportunity to appear before the Commissioner of Agriculture or his duly authorized agent to introduce evidence either in person or by agent or attorney at a private hearing. If, after such hearing, or without such hearing in case the defendant or his agent or attorney fails or refuses to appear, the Commissioner of Agriculture is of the opinion that the evidence warrants prosecution, he shall proceed as herein provided. It shall be the duty of the prosecuting officer in the local tribunal, or the Attorney General, in the event the local prosecuting officer shall fail to act, to institute proceedings at once against the person charged with such violation, if, in his judgment, the information submitted warrants such action. After judgment by the court in any case arising under this Act, the Commissioner of Agriculture shall publish any information pertinent to the issuance of the judgment by the court in such media as he may designate from time to time. MISCELLANEOUS SECTION 8. Permit to Sell Seeds. Before any person shall sell or offer for sale in this State any agricultural seed, or other seeds, he shall file on forms supplied by the Commissioner of Agriculture an application accompanied by the designated fee, and receive from the Commissioner of Agricultu~e a permit to sell such seeds in Georgia. Each permit shall be valid until the next succeeding January first. The fee for each such permit shall be twenty-five dollars per annum for each commercial wholesale dealer or agent and each mail order seed dealer, twenty-five ($25.00) dollars for each seed broker or brokerage agency selling or offereing seed for sale, five ($5.00) dollars per annum for each retail dealer selling agricultural seed and other seeds from bulk and o,ther containers, and one ($I.oo) dollar for each dealer selling garden and flower seed in packet display boxes, only, provided that under clause three, Section 4, the sale of seed produced and sold by one farmer to another for planting purposes shall not be subject to any fees provided by this law but shall be subject to all other provisions of this Act. Upon failure to secure a permit before selling or offering for sale any agricultural seeds or other seeds in accordance with the provision of this Article, said person or firm shall be THURSDAY, FEBRUARY 2o, I94I 497 required to pay in addition twenty-five ($25.00) dollars for each commercial wholesale dealer or agent or each mail order seed dealer, twenty-five ($25.00) dollars for each seed broker or brokerage agency selling seed, five ($5.00) dollars for each retail dealer and one ($I.oo) dollar for each dealer selling garden and flower seed in packet display boxes only; packets not to exceed four ounces net weight. SECTION 9 Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Should any section or part of section of this Act or any clause be held unconstitutional or invalid such fact shall not affect the other provisions of this Act. SECTION Io. This Act shall become effective ninety days after it is enacted into law. SECTION I I. This Act shall be known and cited as "The Georgia Seed Law." Mr. Taft of Atkinson moved the previous question, the call was sustained and the main question ordered. Several amendments to the substitute to House Bill No. 49 were read and lost. The fo!lowing amendments to .the substitute to House Bill No. 49 were read and adopted: Mr. W. F. Johnson of Pike moves to amend the substitute to House Bill No. 49 By striking out the word ($5.00) Five Dollars in Section 8 and inserting in lieu thereof ($I .oo) "One Dollar", where ever it appears. Mr. Richardson of Hart moves to amend substitute to House Bill No. 49 by striking the words "if known" at the end of Sub-Section (2) two of Paragraph (3) three, of Section (4) four of said bill. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to, as amended. On the passage of the bill, by substitute as amended, the ayes were IJ2, the nays I. The bill having received the requisite constitutional majority was passed by substitute, as amended. Mr. Jones of Brantley asked that he be recorded in the Journal as voting against House Bill No. 49 Mr. Ernest Neal, poet-laureate of Georgia, was presented to the House and made a brief address. The following bill of the House was taken up for the purpose of considering the Senate substitute thereto. By Messrs. Atkinson, Grayson and Mc~all of Chatham- House Bill No. JI 2. .'\.bill to be entitled an Act to amend the Charter of the City of Savannah and the several acts amendatory thereof incorporating the Mayor and Aldermen; and for other purposes. JOURNAL OF THE HOUSE, The following Senate Substitute to House Bill No. 312 was read: By the Senate- AN ACT An Act to be entitled "An Act to allow the Mayor and Aldermen of the City of Savannah to encroach on and build upon certain sidewalks or streets in the City of Savannah; and for other purposes. SECTION I: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Mayor and Aldermen of the City of Savannah be, and they are hereby allowed to encroach and build on the following streets or sidewalks in the City of Savannah for the purpose of erecting a building for the Armstrong Junior College: On Taylor Street from Drayton Street to Bull Street, the Mayor and Aldermen of the City of Savannah shall be allowed to encroach on and build upon the said Taylor Street a distance of ten (10) feet in width: on Wayne Street from Drayton Street to Bull Street, the Mayor and Aldermen of the City of Savannah shall be allowed to encroach and build upon the said Wayne Street a distance of eight (8) feet in width. SECTION II. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict with the provisions of this Act be, and the same are hereby repealed. On the question of agreeing to the Senate Substitute to House Bill No. 312, the ayes were 123, the nays o. The substitute having received the requisite majority was agreed to. Under the orders of the day, the following bill of the Senate was again taken up for consideration: By Senators Coker of the 39th District and Almand of the 27th District- Senate Bill No. 55 A bill to be entitled an Act to amend the Act authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service; and for other purposes. The following committee substitute to Senate Bill No. 55 was read: By the Committee- A BILL To be entitled an Act, to amend the Act approved March JOth, 1937, (Ga. Laws 1937, pp. 690, 696), authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service by providing that the contracts for such hospital service between any such corporation and a subscriber thereto shall afford the subscriber the right to select for hospitalization any_ hospital of his choice in the State of Georgia which has been approved as provided in the above entitled act, to provide the method of payment by such corporation to such hospital for the hospitalization of such subscriber and all other persons entitled to hospital service, to require that all hospital service contracts hereafter issued by such corporations shall contain the THURSDAY, FEBRUARY 20, 1941 499 provision herein provided for, to provide that all contracts issued by such associations shall be governed by the requirements of this act, to provide a penalty for refusal to comply with this act; and for other purposes. Be it enacted and it is hereby enacted by the General Assembly of Georgia: SECTION 1. That Section 5 of the act approved March 30th, Iize School District No. 10 in Jefferson County to incur a bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No.2. By Messrs. Hand of Mitchell, Pickett of Pickens, Yawn of Dodge, Pitman of Berrien, Kendrick of Fulton, Davis of Coweta- House Resolution No. 97-55IB. A resolution providing for the extension of time allotted to the Committee for the investigation of Labor Conditions in Georgia; and for other purposes. Referred to the Committee on State of Republic. Mr. Sabados of Dougherty County, Chairman of the Committee on Amendments to Constitution No. I, submitted the following report: Mr. Speaker: Your Committee on Amendments to Constitution No. I, have had under con- sideration 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: House Resolution No. 85-49IB. Do pass. House Resolution No. 5II. Do pass. House Resolution No. 9o-511B. Do pass. House Resolution No. 8o-466B. Do pass. House Resolution No. 79-466A. Do pass. sro JOURNAL OF THE HOUSE, House Resolution No. 406. Do pass. House Resolution No. 454 Do pass. House Resolution No. 55-3o7B. Do pass, as amended. House Resolution No. 420. Do pass. House Resolution No. 438. Do pass. Senate Resolution No. 19. Do pass. Respectfully submitted, Sabados of Dougherty, Chairman. Mr. Holtzendorf of Ben Hill County, Chairman of the Committee on Banks and Banking, submitted the following report: Mr. Speaker: Your Committee on Banks and Banking have had under consideration the 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. 357 Do pass. House Bill No. 458. Do not pass. Respectfully submitted, Holtzendorf of Ben Hill, Chairman. Mr. Chastian 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 t~e House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 506. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Gaston of Butts County, Vice-Chairman of the Committee on Counties and County Matters, submitted the following report: Mr. Speaker: Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: FRIDAY, FEBRUARY 21, 1941 511 House Bill No. 503. Do pass. Respectfully submitted, Gaston of Butts, Vice-Chairman. Mr. Chastain 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. 524 Do pass. House Bill No. 470. Do pass. House Bill No. 471. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Chastain 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. 434 Do pass. House Bill No. 501. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Ferguson of Camden County, Chairman of the Committee on Game and Fish, submitted the following report: Mr. Speaker: Your Committee on Game and Fish have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 285. Do pass, as amended. Respectfully submitted, Ferguson of Camden, Chairman. 512 JOURNAL OF THE HOUSE, Mr. Barlow of Colquitt County, Chairman of the Committee on General Agriculture No. 1, submitted the following report: Mr. Speaker: Your Committee on General Agriculture No. I 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. 492. Do pass. Respectfully submitted, Barlow of Colquitt, Chairman. Mr. Pannell of Murray County, Chairman of the Committee on General Judiciary No. I, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. I have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 105. Do pass. House Bill No. 106. Do pass. House Bill No. I07. Do pass. House Bill No. 360. Do pass. House Bill No. 282. Do pass. House Bill No. 346. Do not pass. Respectfully submitted, Pannell of Murray, Chairman. Mr. Moate of Hancock 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. 205. Do pass. House Bill No. 260. Do pass. Respectfully submitted, Moate of Hancock, Chairman. FRIDAY, FEBRUARY 21, 1941 SIJ Mr. Anglin of Stewart County, Chairman of the Committee on Public Printing, submitted the following report: Mr. Speaker: Your Committee on Public Printing have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation: Senate Bill No. 69. Do pass. Respectfully submitted, Anglin of Stewart, Chairman. Mr. Welsch of Cobb 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 have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 377 Do pass. House Bill No. 416. Do pass. Respectfully submitted, Welsch of Cobb, Chairman. Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker: Your Committee on State of the Republic have had under consideration the following bills of the House and Senate and have instructed, me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 491. Do pass. House Bill No. 499 Do pass. Senate Bill No. 11. Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senators Gross of the 2oth, and Mason of the 3oth District- Senate Resolution No. 19. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph 2, Section JOURNAL OF THE HOUSE, 2, Article 7 of the Constitution of Georgia so as to exempt from all taxation, state, county, municipal, school district, and political or territorial subdivision of the State having the authority to levy taxes, all cooperative, non-profit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, and all of the real and personal property owned or held by such corporations for such purpose; and for other purposes. By Senators Redwine of the 26th, Whaley of the 45th, Edenfield of the 4th, Campbell of the 34th, Edwards of the 6th, Milhollin of the 46th Districts- Senate Bill No. I 1. A bill to be entitled an Act to repeal an Act approved March JI, 1937, amending Section 68-623 of the Code of Georgia of 1933 by prOviding for payments to members of the Public Service Commission; to provide the effect of such repeal; and for other purposes. By Senator Odum of the 9th District- Senate Bill No. 69. A bill to be entitled an Act to require the fiscal officers of each county of the State, in making audits of affairs of said county to make same on uniform schedules or forms prepared by the State Auditor; and for other purposes. By Mr. Dunaway of DeKalb- House Bill No. 105. A bill to be entitled an Act to amend Section 46-303 of the Code of Georgia of 1933, relating to traverse, etc., on answer of garnishee, by fixing the time and the manner in which said traverse must be filed; and for other purposes. By Mr. Dunaway of DeKalb- House Bill No. 106. A bill to be entitled an Act to amend Section 46-406 of the Code of Georgia of 1933, relating to the filing of answers by garnishees and the taking of judgments against garnishees failing or refusing to answer by providing for issuance of a rule nisi against the garnishee before permitting a default judgment to be entered up against him; and for other purposes. By Mr. Dunaway of DeKalb- House Bill No. 107. A bill to be entitled an Act to amend Section 37-1503 of the Code of Georgia of 1933 relating to interpleaders and providing for the allowance of court costs, and attorneys fees out of the funds deposited into court; and for other purposes. By Mr. Bradbury of Oconee- House Bill No. 205. A bill to be entitled an Act to provide for the inspection of private passenger motor vehicles by the Georgia State Highway Patrol; and for other purposes. By Mr. Hartness of Fannin- House Bill No. 260. A bill to be entitled an Act to amend an Act entitled "An Act to amend the Act approved March 19, 1937 creating a Department of Public FRIDAY, FEBRUARY 21, 1941 Safety for Georgia, etc;" by providing a standard price for operators' licenses granted to minor children; and for other purposes. By Mr. Turner of DeKalb- House Bill No. 282. A bill to be entitled an Act to amend an Act approved August 13, 1924 so as to make the operation of trackless trolleys subject to the same municipal ordinances, rules and regulations, and subject to the same taxes and the basis of allocation thereof between counties, etc., and for other purposes. By Mr. Hagan of Screven- House Bill No. 285. A bill to be entitled an Act to amend Section 45-502 of the Georgia Code of 1933 making it a misdemeanor to sell or purchase fresh water fish during the spawning season; and for other purposes. By Mr. Taft of Atkinson- House Resolution No. 55-3o7B. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph 1, Section r, Article 7 of the Constitution of Georgia so as to authorize the General Assembly to levy taxes for the purpose of distributing hog cholera and swine plague serum free to the swine owners of this State; and for other purposes. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 357 A bill to be entitled an Act to amend Code Section 13-821 of the Code of Georgia of 1933, which pertains to the order of paying off debts due by insolvent hanks; and for other purposes. By Messrs. Moore of Lumpkin, Dunn of Lamar, Hogg of Marion- House Bill No. 360. 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. By Messrs. Pickett of Pickens and Hagan of Screven- House Bill No. 377 A bill to be entitled an Act to impose a penalty upon any person, firm or Corporation operating in any municipality of this State taxi-cabs serving the public where a passenger is refused transportation; and for other purposes. By Mr. Mixon of Irwin- House Bill No. 406. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph r, of the Constitution of Georgia authorizing the County of Irwin to issue bonds in the amount necessary to pay off current indebtedness of said county; and for other purposes. By Messrs. Dorsey of Cobb, Grice of Bibb, Key of Jasper, Gowen of Glynn, Mavity of Walker, Roberts of Walton, and Rogers of Floyd- House Bill No. 416. A bill to be entitled an Act to amend and revise the adopt- JOURNAL OF THE HOUSE, ion laws set forth in Chapter 74-4 of the Code of Georgia of 1933, providing for an investigation and report to the Superior Court in which the adoption is filed on the purposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes. By Mr. Rowland of Johnson- House Bill No. 420. 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 Wrightsville Consolidated School District of Johnson County to incur a bonded indebtedness; and for other purposes. By Mr. Brinson of Chattooga- House Bill No. 434 A bill to be entitled an Act to amend an Act incorporating the City Court of Chattooga County; and for other purposes. By Mr. Bow!;n of Pierce- House Bill No. 438. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 6, Section 17, Paragraph I so as to vest in the City and County Courts of the State of Georgia the power to change the venue in civil and criminal cases; and for other purposes. By Mr. Fuller of Toombs- Hause Bill No. 454 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 to authorize Toombs County to issue Funding Bonds; and for other purposes. By Messrs. Dunaway and Candler of DeKalb- House Resolution No. 7ct466A. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article 7, Section 2 of the Constitution of Georgia, to provide that the General Assembly may authorize counties to subject homesteads to ad valorem taxation for county and school purposes, etc.; and for other purposes. By Messrs. Sabados of Dougherty, Allison of Gwinnett, Pettit of Bartow, Candler of DeKalb, Heard of Elbert, and Smith of Barrow- House Resolution No. 8o-466B. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Article 7, Section I, Paragraph I of the Constitution of Georgia so as to provide from and after the first day of July, I943, for the apportionment of motor fuel taxes and motor vehicle registration fees and licenses to the State Highway Department; and for other purposes. By Mr. Wren of Glascock- Hause Bill No. 470. A bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Glascock"; and for other purposes. FRIDAY, FEBRUARY 21, 1941 By Mr. Wren of Glascock- House Bill No. 471. A bill to be entitled an Act to repeal an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Glascock County; and for other purposes. By Messrs. Lovett of Laurens, Greene of Jones, Harden of Turner, Bentley of Upson, Drinkard of Lincoln- House Bill No. 491. A bill to be entitled an Act to repeal the Act approved March 24, 1939, Georgia Laws of 1939, changing the power and method of appointment of Chief Drug Inspector; and for other purposes. By Messrs. Whipple of Bleckley, Hatchett of Meriwether, Key of Jasper, Daves of Dooly- House Resolution No. 85-491B. A resolution proposing to the qualified voters of Georgia for ratification or rejection, an amendment to the Constitution of Georgia, setting apart certain revenues as a school fund; and for other purposes. By Mr. Kennedy of Tattnall- House Bill No. 492. A bill to be entitled an Act to establish State standards of weights and measures, the duties of the Commissioner of Agriculture in connection therewith; and for other purposes. By Messrs. Evans of McDuffie, Culpepper of Fayette, Lovett of Laurens, Blease of Brooks and Elliott of Muscogee-- House Bill No. A99 A bill to be entitled an Act to provide for the survival of suits commenced by or against public officers in their official capacity in favor of or against their successors in office in the event of death, removal, resignation or expiration of the term of such officers; and for other purposes. By Mr. Drinkard of Lincoln- House Bill No. sor. A bill to be entitled an Act to amend an Act approved August 19, 1916 to provide as compensation for the Treasurer of Lincoln County a salary of $3oo.oo; and for other purposes. By Mr. Boone of Wilkinson- House Bill No. 503. A bill to be entitled an Act to amend Section 39-1 103 of the Code of Georgia providing how and by whom the official organ shall be selected in all counties having a population of more than 11,022 and less than 11,027; and for other purposes. By Mr. Rich of Union- House Bill No. 506. A bill to be entitled an Act to exempt from the operation of Sections 62-510, 62-511 of the Code of Georgia, certain militia districts in Union County; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Weaver, Grice, and Bloodworth of Bibb- House Bill No. 5n. 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 Macon to issue notes or debt certificates for financing appropriations for and contributions to local, state or national defense, and to provide the terms of their ;_ssue; and for other purposes. By Messrs. Barber and Barlow of Colquitt- House Resolution No. 9o-5nB. A resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, so as to authorize the City of Doerun to refund its present or any future bonded .ndebtedness; and for other purposes. By Messrs. Sabados and Wetherbee of Dougherty- House Bill No. 524 A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Dougherty; 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. Jackson of Henry- House Bill No. 497 A bill to be entitled an Act to amend the Act creating the City Court of Henry County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, (he ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. Bv unanimous consent the following bills of the Senate were read the first time and referred to the committees: By Senator Park of the 19th District- Senate Bill No. 25. A bill to be entitled an Act to estop life insurance companies doing business in Georgia from pleading misrepresentations after twelve months from date of policy; and for other purposes. Referred to the Committee on Insurance. By Senator Couch of the 52nd District- Senate Bill No. 35 A bill to be entitled an Act to repeal sub-section 4 of subsection 5 of Section 24-2714 of the Code of Georgia of 1933, relative to the duty of clerks of the Superior Court to keep an Execution docket, etc.; and for other purposes. Referred to the Committee on General Judiciary No. 1. FRIDAY, FEBRUARY 21, 1941 519 By Senator Park of the 19th District- Senate Bill No. 39 A bill to be entitled an Act to amend Section 59-1o6 of the Code of Georgia of 1933 to add the names of women to jury lists; and for other purposes. Referred to the Committee on General Judiciary No. I. By Senator Coker of the 39th District- Senate Bill No. 106. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Canton; to provide zoning and planning laws; and for other purposes. Referred to the Committee on Municipal Government. By Senator Campbell of the 34th District- Senate Bill No. 109. A bill to be entitled an Act to authorize the Sheriff of Newton County or his deputy to hold the office of county police; and for other purposes. Referred to the Committee on Counties and County Matters. By Senators Harrison of the 23rd District- Senate Bill No. IIO. A bill to be entitled an Act to amend Section 24-2713 of the Code of Georgia relating to the bond required of clerks of the Superior Courts by providing that the amount of said bond may be changed by local acts; and for other purposes. Referred to the Committee on Special Judiciary. Mr. Roughton of Washington arose to a question of personal privilege and addressed the House. On the motion of Mr. Wohlwender of Muscogee, the House arose and gave a rising vote of thanks to Mr. Roughton of Washington. By unanimous consent, the following general bills and resolutions with local application were read the third time and placed upon their passage: By Messrs. Welsch and Dorsey of Cobb- House Bill No. 75 A bill to be entitled an Act to provide the method of prO- viding for a successor to the offices of Sheriff and Clerk of the Superior Court for an unexpired term in counties of this state with a population of not less than 37,000 and not more than 41,000; and for other purposes. The following substitute to House Bill No. 75 was read and adopted: By Messrs. Dorsey and Welsch of Cobb- SUBSTITUTE ENTITLED AN ACT to amend Section 24-2704 of the 1933 Code of Georgia, JOURNAL OF THE HOUSE, pertaining to the method of giving notice of an election to fill the office of Clerk and Sheriff where a vacancy occurs, to provide for a definition of the word "vacancy" as applicable to Chapters 24-27 and 24-28, respectively, in Counties not less than 37,000 and not more than 41,000 population of the 1933 Code of Georgia; and to provide for a successor to said offices for the balance of an unexpired term; and to repeal all laws in conflict, herewith; and for other purposes: SECTION 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act, Section 24-2704 of the 1933 Code of Georgia be amended by adding at the end thereof the following: "provided, however, the word 'vacancy,' as ~foresaid, and in Chapters 24-27 and 24-28 of the 1933 Code of Georgia shall not mean and shall not be applicable in counties of not less than 37,000 population and not more than 41,000 population, according to the last or any future Federal census, to any case where the officer who, after being elected, and who, after having qualified in terms of the law for the office has in a written affidavit duly sworn to and filed with the local ordinary to be recorded in a book to be kept by him for such purpose, designated and appointed a chief deputy who was advertised during the campaign as a deputy in at least one issue in a newspaper of general circulation to become a deputy in the event of the election of the candidate subsequently elected; and provided further the person thus designated can, and does, qualify for the office, as now provided for by law for such office, to serve out the term for the person thus elected," so that said Section 24-2704, when amended, shall read as follows: ''24-2704. (4881) VACANCY-If a vacancy occurs (or will shortly), the ordinary of the county where it happens shall give notice in one or more of the public newspapers of said county (if any) and at the courthouse, and at three or more of the most public places of said county, 20 days previous to the day of election, which shall be appointed by him, provided, however, the word 'vacancy,' as foresaid, and in Chapters 24-27 and 24-28 of the 1933 Code of Georgia shall not mean and shall not be applicable in counties of not less than 37,000 population and not more than 41,000 population, according to the last or any future Federal census, to any case where the officer who, after being elected, and who, after having qualified in terms of the law for the office has in a written affidavit duly sworn to and filed with the local ordinary to be recorded in a book to be kept by him for such purpose, designated and appointed a chief deputy who was advertised during the campaign as a deputy in at least one issue in a newspaper of general circulation tc- become a deputy in tlie event of the election of the candidate subsequently elected; and provided further the person thus designated can, and does, qualify for the office, as now provided for by law for such office, to serve out the term for the person thus elected." SECTION II. Be it further enacted by the authority aforesaid that all laws in conflict, herewith be, and the same are, hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute. FRIDAY, FEBRUARY 21, 1941 On the passage of the bill, by substitute, the ayes were 108, the nays o. The bill having received the requisite constitutional majority was passed by substitute. By Mr. Witherington of Wilcox- House Resolution No. 26-1o7C. A resolution to relieve Joe Jones and J. L. Dennard of liability on surety bond for Jerry Peavy; 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 o. The resolution having received the requisite constitutional majority was adopted. By Messrs. Grice, Bloodworth, and Weaver of Bibb- House Resolution No. 28-1o7E. A resolution for relief of C. F. McCook, surety for W. C. Adams; 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 o. The resolution having received the requisite constitutional majority was adopted. By Messrs. Grice, Bloodworth, and Weaver of Bibb- House Resolution No. 2d a distance of two hundred (zoo) feet to Rock Springs Road and the point of beginning, being Lot 17 in Block "B" of the plat of North Morningside by Geo. D. Newton, C. E., dated May 1939 and recorded in Plat Book 21, Page 34, Fulton County Records. A portion of the above described property is already located within the limitS of the City of Atlanta, but it is the purpose and intent of this Act to include all of the above described property in the City limits of the City of Atlanta. Section 2. On and after January rst, 1942, the power and authority of the City of Atlanta under its charter and ordinances, and all laws appertaining to said City as a municipahty, are hereby extended over and made effective m every part of the territ.ry included within the limits above described, as fully and completely as they now exist within the present territorial limits. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of said bonds equally with the former territory of the City of Atlanta. Section 3 All laws and parts of laws in conflict with this Act be and the same are hereby repe;,)ed. On agreeing to the Senate substitute, the ayes were n3, the nays o. The substitute having received the requisite majority was agreed to. Under the order of unfinished business, the following bill of the Senate was again taken up: By Senator Couch of the sznd DistrictSenate Bill No. 31. A bill to be entitled an Act to amend the Code of 1933 TUESDAY, FEBRUARY 25, 1941 relative to County Taxation and Pauper Tax, so as to provide that said tax will not exceed one and one-fourth mills except by two-thirds vote of two successive Grand Juries; and for other purposes. The previous question was ordered. The mairi question was ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passa!!"e of the bill, the ayes were 106, the nays 7 The bill having received the requisite constitutional majority was passed. Under the regular order of business, the following bill of the House was taken up for the purpose of considering the unfavorable report of the Committee: By Messrs. Smith and Smitha of Carroll- House Bill No. 51. A bill to be entitled an Act to prohibit settlement of tort or torts within five days; providing that all claims for damages arising from tort or torts can be settled only upon the approval of the Judge of the Superior Court; and for other purposes. By unanimous consent, further consideration of House Bill No. 51 was post- poned until Tuesday, March 4, immediately after the period of unanimous consents. Under the regular order of business the following Bill of the House was taken up for consideration and read the third time. By Messrs. Pannell of Murray, Boone of Wilkinson, Evans of McDuffie, Mann of Whitfield, Bruce of Troup, and Smith of Hall- House Bill No. 53 A bill to be entitled an Act to provide for the granting of mistrials in cases where Judge announces party has requested charge in writing; and for other purposes. The following committee amendment to House Bill No. 53 was read and adopted: The Committee moves to Amend House Bill No. 53 by striking "superior court" in line 1 of Section 1 and inserting in lieu thereof "all courts of record". The previous question was ordered. The main question was ordered. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, as amended, the ayes were 103, the nays 6. The bill having received the requisite constitutional majority was passed, as amended. Under the regular order of business the following bill of the House was again taken up for consideration: JOURNAL OF THE HOUSE, By Messrs. Boone of Wilkinson, Pannell of Murray, Evans of McDuffie, Mann of Whitfield, and Smith of Hall- House Bill No. 54 A bill to be entitled an Act to provide for disqualifying Judges of Supenor Courts on certain cases; and for other purposes. Mr. Sabados of Dougherty asked unan,mous consent that further"' consideration of House Bill No. 54 be postponed until Tuesday, and objection was heard. Mr. Sabados of Dougherty moved that further consideration of House Bill No. 54 be postponed until next Tuesday immediately after the period of unanimous consents, and the motion prevailed. Further consideration of House Bill No. 54 was postponed until Tuesday, March 4th, immediately after the period of unanimous consents. Under the regular order of business, the following bill of the House was taken up for consideration and read the third time: By Mr. Ford of Worth- House Bill No. 58. A bill to be entitled an Act to require registration of guests under their true names at tourist camps; and for other purposes. By unanimous consent, the following bilr of the Senate was taken up in lieu of House Bill No. 58, and read the th1rd time. By Senator Sumner of the 1oth District- Senate Bill No. 21. A bill to be entitled an Act to require registration of guests under their true names at tourist camps; and for other purposes. The previous question was ordered. The mam question was ordered. The following amendments to Senate Bill No. 21 were read and adopted: Mr. Dunaway of DeKalb moves to amend Senate Bill No. 21 by striking the words in second line "out side of the corporate limits of any municipality". Mr. Candler of DeKalb moves to amerid Senate Bill No. 21 by inserting after the words "to such place" the following words "and the drivers license number of such person." An amendment by Messrs. Hartness of Fannin and Sills of Candler was out of order. The report of the committee, which was favorable to the passage of the bill, was agreed to, as ?mended. On the passage of the bill, as amended, the ayes were 106, the nays 5 The bill having received the requisite constitutional majority was passed, as amended. TUESDAY, FEBRUARY 25, I94I 57 I By unanimous consent, House Bill No. 58 was withdrawn from further consi- derat!on of the House. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the reqmstte constitutional majority the following bills of the House and Senate, to-wit: By Senators Redw:ne of the 26th, and Edenfield of the 4th Districts- Senate Bill No. 91. A bill to prescribe the compensation of the Director of the State Department of Public Welfare; and for other purposes. By Senator Adams of the JISt District- Senate Bill No. 96. A bill to propose an amendment to Article 7, Section 7, Paragraph I of the Constitution of Georgia so as to authorize the Sandy Cross Consolidated School District, of Franklin County, to incur a bonded indebtedness in addit!on to that heretofore author:zed; and for other purposes. By Senator Campbell of the 34th Distr:ct- Senate Bill No. I24. A bill providing for an additional and cumulative method of fixing salar!es or sole compensat;on for certain officers in certain counties; and for other purposes. By Senator Campbell of the 34th District- Senate Bill No. I25. A bill to amend an Act approved March 24, I9J9, 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 approved January I7, I9J8, Ga. Laws Extra Session I937-38, by striking the words "prior to the year I938' in the 6th and 7th lines of Section 3 of said Act; by strikiqg the words 'the State's part of' in the 8th line of Section 3; and for other purposes. By Messrs. Vickers of Coffee and Holtzendorf of Ben Hill- House Bill No. 89. A bill to amend an Act designating the Highway mileage by adding additional mileage in Coffee and Ben Hill Counties, Ga., from Broxton in Coffee County, Ga. to Fitzgerald in Ben Hill County, Ga.; and for other purposes. By Messrs. Candler and Turner of DeKalb- House Bill No. I6o. A bill to amend an Act approved August I7, I909, creating and establishing a new Charter and municipal government for the City of Decatur so as to enlarge the city limits of said City of Decatur; and for other purposes. By Mr. Wells of Clayton- House Bill No. 300. A bill to create a Board of Commissioners of Roads and Revenue of Clayton County; and for other purposes. 572 JOURNAL OF THE HOUSE, By Mr. Kendrick and Mrs. Mankin of Fulton- House Bill No. 383. A bill to permit certain outdoor amusements between one and six P. M., C. S. T., in the City of Atlanta; and for other purposes. The following message was received from the Senate through Mr. Camp, 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. Dyal of Appling- House Bill No. 374 A bill to abolish the office of Tax-Receiver and Tax-Collector of Appling County, to create the office of County Tax-Commissioner of Appling County, Georgia; and for other purposes. By Senator Dobbs of the 22nd District- Senate Bill No. 88. A bill to provide for the time of payment of the taxes on gross insurance premiums as stipulated in Sections 92-2509 and 92-2510 of the Code of I9JJ, so as to make said taxes payable semi-annually on January Ist and July Ist or within ten days thereafter; and for other purposes. By Senators Edwards of the 6th, Couch of the 52nd, Redwine of the 26th, and Coker of the 39th Districts- Senate Bill No. 44 A bill to amend an Act known and designated as the "Unemployment Compensation Law," approved March 29, I9J7, as amended by an Act approved January 25, IgJ8, by clarifying the terms and provisions thereof; and for other purposes. By Senator Gross of the 2oth District- Senate Bill No. 94 A bill to prohibit the cutting of timber without legal right; to provide pen'alties; and for other purposes. By Senator Harrison of the 2Jrd District- Senate Bill No. I I? A bill to reduce the bond of the Clerk of the Superior Court of Crawford County from $J,ooo.oo to $I,ooo.oo; and for other purposes. By Senator Kirkland of the 49th District- Senate Bill No. IJ5 A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section ~,Paragraph I, of the Constitution, so as to authorize Evans County by vote of its fiscal authority to issue Funding Bonds; and for other purposes. By Senator Edwards of the 6th District- Senate Bill No. 45 A bill to amend Section 20-505 of the Code of Georgia of 1933, by striking the words "four years" where the same shall occur in said Section, and inserting in lieu thereof the words "six months"; and for other purposes. TUESDAY, FEBRUARY 25, 1941 573 By Senator Milhollin of the 46th District- Senate Resolution No. 44-144B. A resolution proposing that the State Librarian furnish law books to the ordinary of Coffee County, and to the Clerk of the Superior Court of Coffee County without cost to said county except for payment of packing and transportation charges; and for other purposes. The following bill of the House was taken up for the purpose of considering the unfavorable report of the committee: By Messrs. Mims of Miller and Drake of Seminole- House Bill No. 59 A bill to be entitled an Act to amend the General Tax Act of 1935 so as to increase the tax on gross premiums of insurance companies from I Yz% to 3%; and for other purposes. Mr. Etheridge of Fulton moved the previous question and the call was sustained. Mr. Mims of Miller moved that the House disagree to the unfavorable report of the committee. Mr. Candler of DeKalb moved that the House agree to the unfavorable report of the committee. On the motion to agree, the ayes were 47, the nays So. The unfavorable report of the committee was disagreed to, House Bill No. 59 was read the second time, and placed on the calendar. The following resolution of the House was read: By Messrs. Blease of Brooks, Mavity of Walker, Kennedy of Tattnall, Ferguson of Sumter, and Howard of Long- House Resolution No. 101. A RESOLUTION Be it resolved by the House, the Senate concurring, that the House and Senate adjourn on Thursday, February 27, 1941, and at one o'clock P. M. stand adjourned until 10:00 o'clock A. M., Monday, March 3, 1941. Be it further resolved that during said period of adjournment the following committees of both the House and Senate be and they are hereby authorized to visit the State Institutions and such property. of the State as they deem advisable. Such committees being as follows: Committee on Penitentiaries; Committee on Game and Fish; Committee on Conservation; Committee on Drainage; 574 JOURNAL OF THE HOUSE, Committee on Academy for the Blind; Committee on Prison Farms; Committee on Training Schools; Committee on State Sanitariums. The previous question was ordered. The main question was ordered. On the adoption of the resolution, Mr. Wohlwender of Muscogee moved the ayes and nays, and the motion was lost. On the adoption of the resolution, the ayes were 119, the nays IJ. The resolution was adopted. By unanimous consent, the resolution was ordered immediately transmitted to the Senate. Mr. Culpepper of Fayette moved that the House do now adjourn, and the motion prevailed. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock. WEDNESDAY, FEBRUARY 26, 1941 575 Representative Hall, Atlanta, Georgia, Wednesday, February 26, 1941. The House met pursuant to adjournment this day at 9:00 o'clock, A.M., was called to order by the Speaker and opened with prayer by the Chaplain. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury :Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter .Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Herrin Hicks Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kea oi Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure McCracken 576 JOURNAL OF THE HOUSF, Mcintosh McEntire McNall Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sheppard Simmons Smiley Smith of Barrow .Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First reading and reference of Senate Bills. By unanimous consent, the following bills and resolutions were introduced, read the first time and referred to the committees: By Messrs. Kennedy of Tattnall, Howard of Long, and Smiley of Liberty- House Bill No. 576. A bill to be entitled an Act to regulate the buying and selling of cattle, for making records of sales of them; and for other purposes. WEDNESDAY, FEBRUARY 26, 1941 577 Referred to the Committee on General Agriculture No. I. By Messrs. Gowen of Glynn, Ferguson of Camden, Mcintosh of Mcintosh, and Smiley of Liberty- House Bill No. 577 A bill to be entitled an Act to amend Section 45-812 of the Code of Georgia of 1933, relating to the taxation of distributors of dealers in oysters, shrimp, prawn and crab; and for other purposes. Referred to the Committee on Game and Fish. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 578. A bill to be entitled an Act to amend an Act entitled "An Act to amend, revise and consolidate the several Acts granting corporate authority of the City of Americus, to confer additional power upon the Mayor and City Council of Americus"; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Parker and Roberts of Walton- House Bill No. 579 A bill to be entitled an Act to amend "An Act to provide for Tax Commissioners of the State of Georgia in all counties"; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Mcintosh of Mcintosh and Smiley of Liberty- House Bill No. 580. A bill to be entitled an Act to amend Section 45-314 of the Code of Georgia of 1933, relating to the bag limit on game birds and animals, by providing a bag limit of 20 marsh hens per day per person; and for other purposes. Referred to the Committee on Game and Fish. By Messrs. Allison and Roberts of Gwinnett- House Bill No. 581. A bill to be entitled an Act to amend an Act entitled "An Act to create a new Charter for the Town of Duluth"; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Kennedy of Tattnall- House Bill No. 582. A bill to be entitled an Act to amend Section 32-904 of the Code of Georgia of 1933, so as to provide five dollars a day as compensation .for the service of members of the Board of Education in the respective counties as now provided by law; and for other purposes. Referred to the Committee on Education No. 1. By Mr. Dupree of Pulaski- House Bill No. 583. A bill to be entitled an Act to authorize the Clerk of the Superior Courts in all counties of the State with a population of not more than 9,835, nor less than 9,825 to make official bonds incorporated fidelity company as surety thereon; and for other purposes. JOURNAL OF THE HOUSE, Referred to the Committee on Counties and County Matters. By Messrs. McNall, Atkinson, and Grayson of Chatham- House Bill No. 584. A bill to be entitled an Act to provide that the Department of Public Health be charged with the duties of inspection and analysis of oysters and shell fish used for food, and the appointment of all inspectors required therefor; and for other purposes. Referred to the Committee on Game and Fish. By Mr. Joiner of Cook- House Bill No. 585. A bill to be entitled an Act to amend an Act approved July 29, 1919, entitled "An Act to incorporate the City of Adel"; and for other pur- poses. Referred to the Committee on Municipal Government. By Mr. Aultman of Peach- House Bill No. 586. A bill to be entitled an Act to amend Section 6o-5o2 of the Georgia Code of 1933, so as to permit the owner of a registered tract of land to transfer to himself separate parcels of a registered tract without necessarily freezing said transferred parcels from further registration; and for other purposes. Referred to the Committee on Special Judiciary. By Messrs. Yawn and Jones of Dodge- House Bill No. 587. A bill to be entitled an Act to amend Section 39-1103 of the Civil Code of Georgia of 1933, providing how and by whom the official organ shall be selected; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Mcintosh of Mcintosh- House Bill No. 588. A bill to be entitled an Act to amend an Act to provide a new Charter for the City of Darien; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Mcintosh of Mcintosh- House Bill No. 589. A bill to be entitled an Act to amend an Act to establish the City Court of Darien; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Barlow and Barber of Colquitt- House Bill No. 590. A bill to be entitled an Act to amend an Act approved August 22, 1907, entitled "An Act to create and incorporate the Town of Riverside"; and for other purposes. Referred to the Committee on Municipal Government. WEDNESDAY, FEBRUARY 26, 1941 579 By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 591. A bill to be entitled an Act to amend an Act approved March J, 1939, relating to pensions for Fulton County employees; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Dorsey of Col:lb and Simmons of Decatur- House Bill No. 592. A bill to be entitled an Act to amena Paragraph 43 of the General Tax Act of 1935, by providing that domestic and domesticated foreign corporations shall be taxed on the same basis; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Brooks of Mitchell- House Resolution No. 102-592A. A resolution requesting the House of Representatives through its Speaker to appoint not less than three or more than five members of the House to take such steps as are necessary to ascertain what was accomplished in view of the Reciprocal Trade agreements between Florida and Georgia, with reference to enacting such laws as would tend to harmonize commerce between the two states with reference to interstate traffic in eggs, fish, and other items and articles; and for other purposes. Referred to the Committee on General Agriculture No. 1. By Messrs. Evans of McDuffie, Elliott of Muscogee, Lovett of Laurens, and Culpepper of Fayette- House Bill No. 593 A bill to be entitled an Act to restrict and limit the jurisdiction of the State Board of Tax Appeals; and for other purposes. Referred to the Committee on Stdte of Republic. By Messrs. Lester, Harris, and Jones of Richmond- House Resolution No. IOJ-59JA. A resolution to designate route-traveled by Gen'eral Joe Wheeler through Georgia, during the War between the States as the Joe Wheeler Highway; and for other purposes. Referred to the Committee on Historical Research. By Mr. Anderson of Wayne- House Bill No. 594 A bill to be entitled an Act to make it illegal to cut pine trees of a diameter less than 9 inches measured at a height of four feet above the ground, except for thinning and conservation purposes; and for other purposes. Referred to the Committee on Conservation. By Mr. Dean of RockdaleHouse Bill No. 595 A bill to be entitled an Act providing a maximum salary to sso JOURNAL OF THE HOUSE, be received by all judges of all city courts in the counties of the State having a population of not less than 2oo,ooo; and for other purposes. Referred to the Committee on General Judiciary No. 1. Mr. Barlow of Colquitt County, Chairman of the Committee on General Agriculture No. I, submitted the following report: Mr. Speaker: Your Committee on General Agriculture No. I 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. 207. Do pass, as amended. House Bill No. 523. Do not pass. House Bill No. 85. Do not pass. Respectfully submitted, Barlow of Colquitt, Chairman. Mr. Pannell of Murray County, Chairman of the Committee on General Judiciary No. I, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. I have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 2I 1. Do pass, by substitute. Respectfully submitted, Pannell of Murray, Chairman. Mr. Bruce of Troup 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. 41. Do pass. House Bill No. 42. Do pass. Respectfully submitted, Bruce of Troup, Chairman. Mr. Moate of Hancock County, Chairman of the Committee on Motor Vehicles, submitted the following report: WEDNESDAY, FEBRUARY 26, 1941 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 recommendations: House Bill No. 552. Do'pass. Senate Bill No. 67. Do pass. Senate Bill No. 79 Do pass. Respectfully submitted, Moate of Hancock, Chairman. Mr. Dunaway of DeKalb, 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. 443 Do pass. House Bill No. 480. Do pass. House Bill No. 542. Do pass. House Bill No. 467. Do pass. House Bill No. 522. Do pass. House Bill No. 513. Do pass. House Bill No. 546. Do pass. House Bill No. 481. Do pass. House Bill No. 531. Do pass. House Bill No. 504. Do pass. House Bill No. 547 Do pass. House Bill No. 518. Do pass. Senate Bill No. 70. Do pass, by substitute. Senate Bill No. 82. Do pass. Senate Bill No. 106. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. JOURNAL OF THE HOUSE, Mr. Strickland of Haralson 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. 26. Do pass, by substitute. House Bill No. 446. Do pass. House Bill No. 453 Do pass. House Bill No. 507. Do pass. House Bill No. 206. Do not pass. Senate Bill No. 83. Do pass. Respectfully submitted, Strickland of Haralson, Chairman. Mr. Callaway of Newton 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: House Bill No. 165. Do pass. House Bill No. 502. Do pass. House Resolution No. 25-107B. Do pass, as amended. House Resolution No. 76-446A. Do pass. House Resolution No. 82-485A. Do pass. Respectfully submitted, Callaway of Newton, Chairman. Mr. Welsch of Cobb 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: WEDNESDAY, FEBRUARY 26, 1941 House Bill No. 390. Do not pass. House Bill No. 482. Do pass. House Bill No. 543 Do pass, as amended. House Bill No. 121. Do pass, by substitute. Senate Bill No. 64. Do pass. Respectfully submitted, Welsch of Cobb, Chairman. Mr. Lovett of Laurens 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 hack to the House with the following recommendations: Senate Bill No. 72. Do pass, by substitute. House Bill No. 505. Do pass. House Bill No. 315. Do pass. House Bill No. 404. Do pass. Respectfully submitted, Lovett of Laurens, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Wall of the 28th District- Senate Bill No. 64. A bill to be entitled an Act to amend Section 58-207 of the Civil Code of Georgia of 1933 so as to provide that owners, claimants, and other parties having an interest in vehicles and conveyances seized under the provisions of said Section may give bond for such vehicles and conveyances, pending condemnation proceedings; and for other purposes. By Senator Drake of the 8th District- Senate Bill No. 70. A bill to be entitled an Act to repeal an Act to amend, consolidate, and supersede several Acts incorporating the City of Colquitt; and for other purposes. By Senator Hill of the 36th District- Senate Bill No. 72. A bill to be entitled an Act to amend an Act approved February 16, 1938, which authorizes the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; and for other purposes. JOURNAL OF THE HOUSE, By Senators Edwards of the 6th and Campbell of the 34th Districts- Senate Bill No. 67. A bill to be entitled an Act to repeal Section 68-roor of the Georgia Code of 1933 providing for authority to State Revenue Commission to negotiate reciprocal agreements relative to the license tags of motor carriers; and for other purposes. By Senator Fortson of the 5oth District- Senate Bill No. 79 A bill to be entitled an Act to require the registration of automobiles and the purchase of license plates therefor on or before January 1st of the year for which such license plates are issued; and for other purposes. By Senator Coker of the 39th District- Senate Bill No. 82. A bill to be entitled an Act to amend the Charter of the Town of Canton; and for other purposes. By Senator Whaley of the 45th District- Senate Bill No. 83. A bill to be enti.tled an Act to amend an Act entitled "Highway Mileage", so as to add to said map a certain public road in the Counties of Telfair, Dodge and Laurens; and for other purposes. By Senator Coker of the 39th District- Senate Bill No. 106. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Canton; to provide for planning and zoning laws and ordinances; and for other purposes. By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton- House Bill No. 26. A bill to be entitled an Act to amend the Georgia Code of 1933 so as to provide for the control and supervision of State-Aid Roads and their construction; and for other purposes. By Messrs. Chastain of Thomas and Curry of Randolph- House Bill No. 41. A bill to be entitled an Act to grant persons or corporations constructing, running or operating pipe lines for the transportation of petroleum and their products the right of eminent domain; and for other purposes. By Messrs. Chastain of Thomas and Curry of Randolph- House Bill No. 42. A bill to be entitled an Act to provide that persons or corporations constructing, running or operating pipe lines for the transportation of petroleum and petroleum products shall have the right to traverse public property to such an extent as may be necessary for such purposes; and for other purposes. By Messrs. Thompson and Hatchett of Meriwether- Hause Bill No. 121. A bill to be entitled an Act to amend Section 67-2,001 of the Code of 1933, so as to provide that work done and materials furnished in the improvement of real estate and for which liens have been created, said liens shall not be enforced unless owner of said real estate shall have been notified in writing by a person doing the work or furnishing the materials; and for other purposes. WEDNESDA"f, FEBRUARY 26, 1941 By Mr. Etheridge of Fulton- House Resolution No. 25-107B. A resolution to authorize and direct the State Treasurer to pay to the American Cool Air Corporation the sum of $3,o56.1o for merchandise sold the State of Georgia on September 10, 1934; and for other purposes. By Messrs. Bloodworth, Grice, and Weaver of Bibb, Tu!ner, Candler, and Dunaway ofDeKalb- House Bill No. 165. A bill to be entitled an Act to appropriate to the State Department of Public Welfare, in addition to other appropriations made thereto, certain sums for the support, maintenance and equipment of the Negro Division of the Georgia Training School for Girls, etc.; and for other purposes. By Messrs. Hooks and Woods of Emanuel, and Mcintosh of Mcintosh- House Bill No. 207. A bill to be entitled an Act to provide for the keeping of certain records in connection with the sale and purchase of livestock and meat; and for other purposes. By Messrs. Jones and Yawn of Dodge-- House Bill No. 211. A bill to be entitled an Act to amend Tit!<: 34, (Elections), Chapter. 34-3 of the Code of Georgia of 1933 by striking and repealing all of Section 34-301 of said Code which provides: "That judge of the Superior Court of each county shall appoint biennially three upright and intelligent citizens, etc."; and for other purposes. By Mr. Pannell of Murray- House Bill No. 315. A bill to be entitled an Act to amend Section 32-1402 of the Code of Georgia of 1933, relating to "proceeds of school bonds, how held and used"; and for other purposes. By Messrs. Bates and Williams of Ware, Kea and Lovett of Lau_rens- House Bill No. 404. A bill to be entitled an Act to amend an Act known as the General Tax Act (Georgia Laws 1937, pp. II et. seq.) by revising Paragraph 81 thereof relating to the tax levied against packing houses, brokers and butcher plants; and for other purposes. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton- House Bill No. 443 A bill to be entitled an Act to amend an Act establishing a Charter for the City of Atlanta; permitting leaves of absences during Mili_tary service for all except elected officials; and for other purposes. By Messrs. Bowen of Pierce and Jones of Brantley- Hause Bill No. 446. A bill to be entitled an Act to amend an Act entitled "Highway Mileage" to allow additional mileage for the Counties of Pierce and Brantley; and for other purposes. By Mr. McClure of Catoosa- House Resolution No. 76-446A. A resolution that the Department of Public .586 JOURNAL OF THE HOUSE, Safety be and is hereby directed to pay over to the County of Catoosa such sum not exceeding $500.00 as may be necessary to reimburse Catoosa County for the hospitalization of the said Charles Coates. By Messrs. Bowen of Pierce and Bates and Williams of Ware- House Bill No. 453 A bill to be entitled an Act to amend an Act entitled "Highway Mileage" to add additional mileage for the Counties of Pierce and Ware; and for other purposes. By Mr. Brooks of Mitchell- House Bill No. 467. A bill to be entitled an Act relating to the City of Camilla; to provide planning and zoning laws; and for other purposes. By Mr. Walker of Grady- House Bill No. 480. A bill to be entitled an Act to amend the Charter of the City of Cairo; and for other purposes. By Mr. Goolsby of Monroe- House Bill No. 481. A bill to be entitled an Act to amend the Charter incorporating the City of Forsyth; and for other purposes. By Mr. Bowen of Pierce- House Bill No. 482. A bill to be entitled an Act to authorize the county authorities in charge of the fiscal affairs of any county to pay the premium on the bond of any county officer upon recommendation of the grand jury of such county; and for other purposes. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton- House Resolution No. 82-485A. A resolution authorizing Fulton County to refund to Mobley and Lunsford, a bonding company, the sum of $926.58 for a bond paid by said firm; and for other purposes. By Mr. Witherington of Wilcox- House Bill No. 502. A bill to be entitled an Act to provide for an appropriation from the State Treasurer for the purposes of purchasing and binding law books for the County of Wilcox; and for other purposes. By Messrs. Bruce, Dallis, and Caldwell of Troup- House Bill No. 504. A bill to be entitled an Act creating a City Charter for the City of Hogansville; and for other purposes. By Mr. Brooks of Mitchell- House Bill No. 505. A bill to be entitled an Act to amend an Act entitled General Tax Act by providing that persons, firms or corporations operating established places of business, who pay business licenses taxes thereon, and who own and operate merchandise vending machines for dispensing articles composed partly of peanuts, WEDNESDAY, FEBRUARY 26, 1941 pecans, or other nuts grown in the United States shall be exempt from such machine license taxes; and for other purposes. By Messrs. McNall, Grayson, and Atkinson of Chatham- House Bill No. 507. A bill to be entitled an Act to amend the Highway Mile- age Act so as to place Montgomery Street extension in Chatham County on State Road System; and for other purposes. By Messrs. Welsch and Dorsey of Cobb- House Bill No. 513. A bill to be entitled an Act to amend the Charter of the City of Marietta; and for other purposes. By Mr. Boone of Wilkinson- House Bill No. 518. A bill to be entitled an Act to amend the Act incorporating the City of Gordon; and for other purposes. By Mr. Brinson of Chattooga- House Bill No. 522. A bill to be entitled an Act to amend the Act incorporating the Town of Menlo; and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 531. A bill to be entitled an Act to amend an Act to establish the City Court of Lexington; and for other purposes. By Messrs. Smith and Smitha of Carro!l- House Bill No. 542. A bill to be entitled an Act to amend the Act approved November 23, 1901 creating and adopting a new Charter for the Town of Temple; and for other purposes. By Messrs. Welsch and Dorsey of Cobb- House Bill No. 543 A bill to be entitled an Act to amend Section 113-901 of the Code of Georgia of 1933 to provide for vesting of Title to personal property in the heirs of a deceased where such decedent left no debts and where the heirs are sui juris; and for other purposes. By Mr. Smiley of Liberty- House Bill No. 5<1-6. A bill to be entitled an Act to amend an Act creating and establishing a new Charter for the City of Hinesville; and for other purposes. By Mr. Smiley of Liberty- House Bill No. 547 A bill to be entitled an Act to amend an Act creating and establishing a new Charter for the City of Hinesville; and for other purposes. By Messrs. Rogers of Floyd, Brinson of Chattooga, and Mason of Morgan- House Bill No. 552. A bill to be entitled an Act to control and suppress un- necessary and aggravating noises; to further prescribe and regulate the equipment 588 JOURNAL OF THE HOUSE, to be carried by motor vehicles using public streets and highways of this State; and for other purposes. By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage: By Senator Campbell of the 34th District- Senate Bill No. 109. A bill to be entitled an Act to authorize the Sheriff of Newton County or his deputy to hold the office of county police; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Mann ofWhitfield- House Bill No. 486. A bill to be entitled an Act to create the city court of Dalton in Whitfield County; and for other purposes. The report of the committee, which was favorable to the passage vf the bill, was agreed to. On the passage of the bill, the ayes were 110, the nays o. The bill having received the requisite copstitutional majority was passed. By Mr. Roughton of Washington- House Bill No. 487. A bill to be entitled an Act to amend the Act creating the office of Tax Commissioner of Washington County so as to fix the compensation of said Tax Commissioner at twenty-nine hundred dollars per annum and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 496. A bill to be entitled an Act to reduce the bond of the Sqeriff of Sumter County from $10,000 to $5,000; and for other purposes. The report uf 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 o. The bill having received the requisite constitutional majority was passed. WEDNESDAY, FEBRUARY 26, 1941 By Mr. Witherington of Wilcox- House Bill No. 5= A bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues of \Vilcox County so as to change the regular monthly meeting; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Brooks of Oglethorpe- House Bill No. 532. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Oglethorpe 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Dunaway, Candler, and Turner of DeKalb- House Bill No. 55r. A bill to be entitled an Act to fix the date of General Primary Elections 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 103, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senators Edwards of the 6th, Couch of the 52nd, Redwine of the 26th, and Coker of the 39th Districts- Senate Bill No. 44 A bill to be entitled an Act to amend an Act known and designated as the "Unemployment Compensation Law" as approved March 21 1937, as amended by an Act approved January 25, 1938, by clarifying the terms and provisions thereof; and for other purposes. Referred to the Committee on Industrial Relations. By Senator Edwards of the 6th District- Senate Bill No. 45 A bill to be entitled an Act to amend Section 2o-505 of the Code of Georgia of 1933, by striking the words "four years" where the same shall occur in said section, and inserting in lieu thereof the words "six months"; and for other purposes. JOURNAL OF THE HOUSE, Referred to the Committee on General Judiciary No. '2. By Senator Dobbs of the 'l'lnd District- Senate Bill No. 88. A bill to be entitled an Act to amend Section 56-233 of the Code of I9JJ, by striking from said section certain language making tax on gross insurance premiums and other fees paid by insurance companies; and for other pur- po~es. Referred to the Committee on Ways and Means. By Senators Redwine of the 26th and Edenfield of the 4th DistrictsSenate Bill No. 91. A bill to be entitled an Act to prescribe the compensation of the Director of the State Department of Public Welfare; and for other purposes. Referred to the Committee on State of Republic. By Senator Gross of the 2oth DistrictSenate Bill No. 94 A bill to be entitled an Act to prohibit the cutting of timber without legal right to do so; to provide penalties; and for other purposes. Referred to the Committee on Conservation. By Senator Adams of the JISt DistnctSenate Bill No. 96. A bill to be entitled an Act to propose an amendment to Article 7, Section 7, Paragraph I of the Constitution of Georgia, so as to authorize the Sandy Cross Consolidated School District of Franklin County, to incur a bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Senator Harrison of the 2Jrd DistrictSenate Bill No. I I7. A bill to be entitled an Act to reduce the bond of the Clerk of the Superior Court of Crawford County; and for other purposes. Referred to the Committee on Count;es and County Matters. By Senator Campbell of the 34th DistrictSenate Bill No. I24. A bill to be entitled an Act providing for an additional and cumulative method of fixing salaries or sole compensation for certain officers in certain counties; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Campbell of the 34th DistrictSenate Bill No. I 25. 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 the Committee on Counties and County Matters. By Senator Kirkland of the 49th DistnctSenate Bill No. IJS A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Section 7, Article 7, Paragraph I, so as to authorize Evans County to issue Funding Bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. WEDNESDAY, FEBRUARY 26, 1941 591 By Senator Milhollin of the 46th District- Senate Resolution 44-144B. A resolution proposing that the State Librarian furnish Law books to the ordinaries of Coffee County and to the Superior Court of Coffee County; and for other purposes. Referred to the Committee on Public Library. By unanimous consent, the following bill of the House was recommitted to the Committee on Ways and Means: By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 378. A bill to be entitled an Act to levy an excise tax or privilege tax upon recording of certain documents; to provide that such tax shall be evidenced by a stamp or stamps affixed to document; and for other purposes. By unanimous consent, the following bill of the House was withdrawn from the Committee on Appropriations and recommitted to the Committee on Special Appro.. priations: By Mr. Mixon of Irwin- House Bill No. 478. A bill to be entitled an Act to appropriate the amount of $Io,ooo to be expended by the Director of State Parks for the completion and beautification of a memorial at Jefferson Davis Memorial Park; and for other purposes. The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the Committee on Public Highways No. I: By Messrs. Brooks of Oglethorpe, Wells and Lewis of Burke, Hagan of Screven, Strickland of Haralson, and Wilbanks of Cherokee- House Bill No. 2o6. A bill to be entitled an Act to amend the Motor Fuel Tax Law to provide that the gasoline tax to be distributed to the several counties shall be distributed on the basis of the ratio of the mileage of public roads in such county; and for other purposes. Under the regular order of business the following bills of the Senate were taken up for consideration and read the third time: By Senator Coxon of the 2nd District- Senate Bill No. 58. A bill to be entitled an Act authorizing the appointment and prescribing the powers and duties of special policemen for the protection and preservation of public property; and for other purposes. Mr. Lovett of Laurens moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were II5, the nays 5 JOURNAL OF THE HOUSE, The bill having received the requisite constitutional majority was passed. The following bill of the House was read: By Messrs. Looper of Dawson, Foster of Towns, Russell of White, Rich of Union, Price of Clark, Pettit of Bartow, and Hunnicutt of Clarke- House Bill No. 41 5 A RESOLUTION WHEREAS, it is now customary that members of the Governor's Staff be supplied by the Motor Vehicle Department of the State with a plate designating thereon their official title as member of the Governor's Staff; and WHEREAS, the State Legislature desires that the members thereof be extended similar courtesies by the Motor Vehicle License Department by being furnished with a plate having printed thereon "STATE REPRESENTATIVE"; BE IT THEREFORE RESOLVED by the House that this resolution be and the same is hereby adopted and a copy of said resolution ordered transmitted to the Head of said Motor Vehicle Department and that said plate be furnished. On the passage of the bill, Mr. Harris of Richmond moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Caldwell Aiken Campbell Allison Connell Anderson Anglin Cowart Dalton Ansley Atkinson Aultman Barlow Bates Bennett Bentley Blackshear Blease Bowen Boone Bradbury Branch Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Davis Deal Dorsey Drake Dunaway Dunn Easler Ennis, J. H. Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fuller Gill Gillis Goddard Graham Greene Hand Harden Hart Hartness Hatchett Holtzendorf Hunnicutt Inglis Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Kelley Kennedy Livingston Looper Mankin Mann Martin Mason Mavity WEDNESDAY, FEBRUARY 26, 1941 593 McClure Mcintosh McNall Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Musgrove Pannell Parker Pettit Phillips Price Rees Rich Roberts of Gwinnett Roberts of Walton Rossee Rowland Russell Sabados Sheppard Smiley Smith of Barrow Smith of Carroll Smith of Schley Smitha Southwell Suggs Tappan Thompson Turner Walker Warnock Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Ware Witherington Wren Wright Those voting in the negative were Messrs.: Barber Bloodworth Bridges Candler Clements Culpepper Curry Dallis Daves Dupree Dyal Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Gaston Gavin Goolsby Gowen Grayson Grice Moss Gross Pilcher Guerry Pinkston Harris Pittman Harrison Richardson Herrin Rogers Hicks Roughton Hooks Shannon Horne Simmons Howard Smith of Hall Johnson of Chattahoochee Smith of washington Jones of Worth Strickland Kea of Laurens Swint Key of Jasper Taft Lester Weaver Lewis Wells of Burke Lovett Whipple Maddox Williams of Harris Maund Wohlwender McEntire Woods Mills Those not voting were Messrs.: Arnall Callaway Chastain Dean Drinkard Fowler Gray Griffin Hagan Hardman Hardy Heard Hogg Ingram Jackson Kaigler Kendrick Maxwell McCracken Miller Pickett 594 JOURNAL OF THE HOUSE, Reiser Sills Thigpen Vickers Williams of Bacon Williams of Jackson Willoughby Yawn On the passage of the bill, the ayes were I IJ, the nays 63. The bill having received the requisite majority was passed. The Speaker appointed as a Committee of Escort to escort Doctor J. Frank Norris to the Hall of the House of Representatives the following members of the House, to-wit: Messrs. Adams of Wheeler, Anderson of Wayne, and Blease of Brooks. The Hour of convening of the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session, convened for the purpose of hearing a message from Dr. J. Frank Norris, Baptist Clergyman, was called to order by Hon. Charles D. Redwine, President of the Senate. Accompanied by Governor Eugene Talmadge and the Committee of Escort, Doctor Norris appeared upon the floor of the House and delivered a message. Senator Edenfield of the 4th District moved that the joint session be now dissolved, and the motion prevailed. The Speaker called the House to order. The following resolution of the House was read and adopted: By Mr. Callaway of NewtonHouse Resolution No. 104. A RESOLUTION Whereas, the membership of traveling Committees of the House are ordinarily limited to nine, and Whereas it is the desire of this body that a greater number of members be permitted to serve on such traveling Committees. Therefore, be it resolved by the House of Representatives that the Treasurer be and he is authorized to disburse such sums as may be necessary to defray the expenses of traveling committees of such size and membership as may be approved by the Speaker of the House. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the House, to-wit: WEDNESDAY, FEBRUARY 26, I94I 595 By Mr. Ferguson of Camden- House Bill No. 399 A bill to repeal an Act in so far as it applies to Camden County, to create a Board of Commissioners of Roads and Revenues for Echols, Thomas, and Camden Counties; and for other purposes. By Mr. Ferguson of Camden- House Bill No. 400. A bill to create a Board of Commissioners of Roads and Revenues for Camden County; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate, tO-wit: By Senator Edwards of the 6th District- Senate Bill No. 78. A bill to prevent labor organizations from charging fees on emergency defense projects; and for other purposes. The Senate has concurred in the House amendment to the following bill of the Senate, to-wit: By Senators Coker of the J9th and Almand of the 27th Districts- Senate Bill No. 55 A bill to amend the act approved March 30, I937 (Ga. Laws 1937, pp. 690, 696), authorizing the creation of non-profit corporations for the purpose of furnishing group hospital service by providing that the contracts for such hospital service between any such corporation and a subscriber thereto shall afford the subscriber the right to select for hospitalization any hospital of his choice in the State of Georgia which has been approved as provided in the above entitled act; and for other purposes. Under the regular order of business, the following bills and resolutions of the Senate were taken up for consideration and read the third time: By Senator Coxon of the 2nd District- Senate Bill No. 59 A bill to be entitled an Act to amend Section 88_:801 of the Georgia Code of I933 relating to registration by owners of explosives and obtaining a license authorizing the ownership, possession and control of the same by providing that the ordinary may refuse to issue a license upon the finding of certain facts; and for other purposes. Mr. Pilcher of Warren moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were III, the nays o. JOURNAL OF THE HOUSE, The bill having received the requisite constitutional majority was passed. By Senator Coxon of the 2nd District- Senate Bill No. 6o. A bill to be entitled an Act providing for fresh pursuit by military forces; and authorizing this State to cooperate with other States therein; and for other purposes. Mr. Hicks of Floyd moved the previous question, the call was sustained and the main question ordered. On the passage of the bill, the ayes were I 19, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Harrison of the 23rd District- Senate Resolution No. 21-68B. A resolution to amend the Constitution of Georgia so as to provide for annual sessions of the General Assembly. The following committee substitute to Senate Resolution No. 21-68B was read: A RESOLUTION Proposing to the qualified voters for ratification or rejection an amendment to Article 3, Section 4, Paragraph 3 of the Constitution of Georgia relating to sessions of the General Assembly so as to provide for annual sessions of fifty days; to repeal the provisions relating to organization sessions; to provide the term of officers of the General Assembly; and for other purposes. BE IT RESOLVED B'Y THE GENERAL ASSEMBLY OF GEORGIA: Section I. That Article 3, Section 4, Paragraph 3 of the Constitution of Georgia which provides as follows: "Paragraph III. Meeting. Business limit at first session. The General Assembly shall meet on the second Monday in January, 1933, and biennially thereafter on the same date until the day shall be changed by law. Such session shall continue no longer than ten days, and the only business which shall be transacted thereat shall he the election of officers of the General Assembly and the organization of same; the inauguration of the Governor-elect, and other Statehouse officers, whose terms of office run concurrently with that of the Governor; the election or appointment of committees of each house; the election of the Governor and other Statehouse officers, in the event of no election by the people as under the present provisions of this Constitution; the decision of contested elections for Governor and other officers as under present provisions of the Constitution, and the introduction and first reading of bills and resolutions; the impeachment of public officers and trial thereof: Provided, that if, at the end of ten days, an election or contest, or actual trial of impeachment, is pending, the session may be prolonged until all such officers shall be elected, so declared, and finally inaugurated or installed in office. The General Assembly shall reconvene in regular session on the second Monday after the 4th of July, 1933, WEDNESDAY, FEBRUARY 26, 1941 597 and biennially thereafter on the same date until the date shall be changed by law. No such regular session of th<; General Assembly shall continue longer than sixty days: Provided, that if an impeachment trial is pending at the end of sixty days, the session may be prolonged until the completion of said trial: Provided further, that the General Assembly, by concurrent resolution adopted by the votes of a majority of a quorum of House and Senate during said special session above provided for, and approved by the Governor, is hereby authorized to fix a date for reconvening in regular session prior to date above provided for, in lieu of the date definitely fixed hereinabove. The terms of the present incumbents of the offices of Governor and those which are for the same as the Governor shall expire upon the inauguration of the Governor at the first biennial session held under the provisions hereof in January, 1933." be and the same is hereby amended by repealing the entire present Article 3, Section 4 of Paragraph 3 of the Constitution and by inserting in lieu thereof a new Article 3, Section 4, Paragraph 3 to read as follows: "Paragraph III. Meeting. The General Assembly shall meet in regular session on the second Monday in January, 1942, and thereafter on the second Monday in January until the day shall be changed by law. No such regular session of the General Assembly shall continue longer than fifty days: Provided, that if an impeachment trial is pending at the end of fifty days, the session may be prolonged until completion of said trial. The terms of the present incumbents in the offices of Governor and those which are for the same as Governor shall expire upon the inauguration of the Governor at the session ending under the provisions hereof in January, 1943. The term of the present officers of the General Assembly shall expire at the session ending in January, 1943, and thereafter shall be elected for a term of two years." Section 2. When this amendment shall be agreed to by a two-thirds vote of the members of the House and Senate, it shall be entered upon the journal of each house with the "ayes" and "nays" thereon, and shall be published in the manner now provided by law, and shall be submitted at the next general election after such publication to the voters of the State of Georgia qualified to vote for the members of the General Assembly, for ratification or rejection. All persons voting in said election in favor of adopting said proposed amendment shall have written or printed on their ballots the words: "For ratification of the amendment to Article III, Section IV, Paragraph III of the Constitution of Georgia, providing an annual Fifty day regular session of the General Assembly." All voters desiring to vote against the ratification of said proposed amendment shall have written or printed on their ballots the words: "Against ratification of the amendment to Article III, Section IV, Paragraph III of the Constitution of Georgia, providing an annual fifty day regular session of the General Assembly." If a majority of the electors qualified to vote for the members of the General Assembly shall vote for ratification thereof, the returns shall be consolidated, as now required by law in elections for members of the General Assembly and the Secretary of State shall certify the results of said election to the Governor and the Governor shall make and publish his proclamation and said JOURNAL OF THE HOUSE, amendment shall thereupon become a part of Article III, Section IV, Paragraph III df the Constitution of Georgia. Section 3 All laws and parts of laws in conflict herewith are hereby repealed. The following amendment to the committee substitute was read: Messrs. Harris of Richmond and Davis of Coweta move to amend committee substitute to Senate Resolution No. 21(68B) by striking from line 12, of Paragraph J, as proposed to be inserted in the Constitution the word "ending" and inserting in lieu thereof the word "beginning". Also to strike from Line J, of said Paragraph as it appears on page 3, of the committee substitute the word "ending" and insert in lieu thereof the word "beginning". Mr. Grayson of Chatham moved the previous question, the call was sustained and the main question ordered. The amendment to the committee substitute by Messrs. Harris of Richmond and Davis of Coweta was adopted. An amendment by Mr. Bradbury of Oconee was read and lost. The committee substitute, as amended, was adopted. The report of the committee, which was favorable to the adoption of the resoluti~m by substitute, was agreed to, as amended. On the adoption of the resolution, by substitute, as amended, the roll was called and the vote was itS follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Callaway Campbell Candler Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Ennis, J. H. Ennis, Marion Etheridge Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston WEDNESDAY, FEBRUARY z6, 1941 599 Gavin Kennedy Gill Key of Jasper Gillis Lester Goddard Lewis Goolsby Livingston Gowen Looper Graham Lovett Grayson Maddox Grice Mann Griffin Martin Guerry Mason Harden Maund Hardman McClure Hardy McCracken Harris Mcintosh Harrison McEntire Hart McNall Hartness Miller Hatchett Mills Herrin Mims Hicks Mixon Holtzendorf Moate Hooks Moore of Taliaferro Horne Musgrove Howard Pannell Hunnicutt Parker Inglis Pettit Ingram Phillips Jackson Pickett Johnson of Chattahoochee Pilcher Johnson of Pike Pinkston Joiner Pittman Jones of Brantley Price Jones of Dodge Rees Jones of Richmond Richardson Jones of Worth Roberts of Gwinnett Kea of Laurens Roberts of Walton Kelley Rogers Those voting in the negative were Messrs.: Bynum Elliott Hand Kendrick Mankin Moss Those not voting were Messrs.: Caldwell Chastain Ferguson of Camden Gray Greene Gross Rossee Roughton Rowland Russell Sabados Shannon Sheppard Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Taft Tappan Turner Walker Wamock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Harris Williams of Ware Witherington Wohlwender Woods Wren Wright Yawn Simmons Thompson Williams of Bacon Hagan Heard Hogg 6oo JOURNAL OF THE HOUSE, Kaigler Mavity Maxwell Moore of Lumpkin Reiser Rich Sills Swint Thigpen Vickers Williams of Jackson Willoughby On the adoption of the resolution, by substitute, as amended, the ayes were 174, the nays 9 The resolution having received the requisite two-thirds constitutional majority was adopted, by substitute, as 'lmended. Mr. Culpepper of Fayette moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Caldwell of Troup, Jones of Richmond and Pilcher of Warren. The Speaker announced the House adjourned until tomorrow morning at 9 :oo o'clock. THURSDAY, FEBRUARY 27, 1941 6o1 Representative Hall, Atlanta, Georgia, Thursday, February 27, 1941. The House met pursuant to adjournment this day at 9:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by the Chaplain. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dupree Dyal Easler Edflards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Fon;ester Foster of Paulding Foster of Towns Fowler Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund McClure McCracken Mcintosh McEntire McNall Miller Mills Mims Mixon 6o2 JOURNAL OF THE HOUSE, Moate Moore of Lumpkin Moss Musgrove Pannell Parker Phillips Pickett Pinkston Pittman Price Rees Rich Richardson Roberts of Gwinnett Roberts of Walton Roughton Rowland Russell Sabados Shannon Sheppard Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, 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: I. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. J Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First reading and reference of Senate Bills. By unanimous consent, the following bills and resolutions were introduced, read the first time and referred to the committees: Ry Mr. Strickland of Haralson- House Bill No. 596. A bill to be entitled an Act to repeal Sections 35-604 and 47-1 I I of the Georgia Code of 1933 relating to committees from the General Assembly to visit institutions, membership of such committees; and for other purposes. Referred to the Committee on State of Republic. THURSDAY, FEBRUARY 27, 1941 By Mr. Rowland of Johnson- House Bill No. 597 A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenue for the County of Johnson; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Rowland of Johnson- House Bill No. 598. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Johnson; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Bates and Williams of Ware, Bowen of Pierce, Southwell of Charlton, and Jones of Brantley- Hause Bill No. 599 A bill to be entitled an Act to abolish the fee system now existing in the Superior Courts of the Waycross Judicial Circuit; and for other purposes. Referred to the Committee on Special Judiciary. By Mr. Whipple of Bleckley- House .Bill No. 6oo. A bill to be entitled an Act to provide that all persons, firms or corporations operating in this State, pipe lines for the transportation of Petroleum and Petroleum Products are common carriers; and for other purposes. Referred to the Committee on General Judiciary No.2. By Mr. Mixon of Irwin- House Bill No. 601. A bill to be entitled an Act to amend Section 25-9902 of the Code of Georgia of 1933, relating to violation of the law regulating the small loan business; and for other purposes. Referred to the Committee on General Judiciary No. I. By Mr. Moate of Hancock- House Bill Ko. 6o2. A bill to be entitled an Act to amend an Act known as "An Act to incorporate certain Churches and Camp-Grounds, and to appoint Trustees for same"; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Vickers of Coffee-- House Bill No. 603. A bill to be entitled an Act to amend an Act to create a new Charter for the City of Douglas, etc.; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Vickers of Coffee-House Bill No. 604. A bill to be entitled an Act to amend an Act to create a JOURNAL OF THE HOUSE, new Charter for the City of Douglas; to provide for a form of government, composed of three commissioners and a City Manager in lieu of the present form of government; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Dunaway of DeKalb, Grice and Bloodworth of Bibb- House Bill No. 6o5. A bill to be entitled an Act to regulate the solicitation of votes and to prohibit the distribution of cards, pamphlets or like political literature and the carrying of banners and signs for or against any person or proposition on any day in which an election or primary is held; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Mann of Whitfield, Smith of Carroll, and Pannell of Murray- House Bill No. 6o6. A bill to be entitled an Act to provide for appointment of an agent for insurance companies in counties wherein policies of insurance are sold and insurer has no agent in such counties on whom service may be perfected; and for other purposes. Referred to the Committee on General Judiciary No. 1. By Messrs. Mann of Whitfield, Smith of Carroll, and Pannell of Murray- House Bill No. 607. A bill to be entitled an Act to provide that a by-law, rule or regulation of any insurance company shall not be binding upon the insured, nor admissable in evidence unless fully set forth in the contract of insurance; and for other purposes. Referred to the Committee on General Judiciary No. 1. By Mr. Mann of Whitfield- House Bill No. 6o8. A bill to be entitled an Act to establish, organize and maintain, as a branch of the University of Georgia a college of Agriculture and Mechanical Arts, to be located in Whitfield County, to be known as the Northwest Georgia Junior State College; and for other purposes. Referred to the Committee on University System of Georgia. By Mr. Mcintosh of Mcintosh- House Bill No. 609. A bill to be entitled an Act authorizing the City of Darien to close parts of streets within said city, abandon the same as streets, and sell and dispose of said part so closed, by public or private sale; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Fowler of Douglas- House Bill No. 610. A bill to be entitled an Act to amend an Act incorporating the Town of Douglasville; and for other purposes. Referred to the Committee on Municipal Government. THURSDAY, FEBRUARY 27, I94I 6os By Mr. Fowler of Douglas- House Bill No. 6u. A bill to be entitled an Act to amend an Act, amending and consolidating and superseding the several acts incorporating the Town of Douglasville, so as to provide a Utility Authority for said town; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Tappan of Greene, and Foster of Towns- House Bill No. 6I2. A bill to be entitled an Act to govern public utility companies in the makmg of tax returns to the State Revenue Commissioner; and for other purposes. Referred to the Committee on Public Utilities. By Mr. Moate of Hancock- House Resolution No. 105-6I2A. A resolution proposing to the qualified voters of Georgia an amendment to Article 7, of the Constitution of Georgia so as to authorize the County of Hancock to refund bonded indebtedness and to authorize the governing authorities of the County of Hancock, without a vote of the people, to authorize the issuance of refunding bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. I. By Messrs. Bloodworth, Weaver, and Grice of Bibb- House Bill No. 6IJ. A bill to be entitled an Act to authorize counties, municipal corporations, and political divisions of this State to appropriate money, and to lease, lend, sell, or donate property, and to lend credit to the State of Georgia and/or United States, for purposes of local, state, or national defense; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Weaver, Grice, and Bloodworth of Bibb- House Bill No. 6I4. A bill to be entitled an Act to amend Section I 1-205 of the Code of Georgia of 1933, relating to the uniform aeronautical code, so as to authorize counties, municipalities, or other political subdivisions of the State, to lease, lend, sell, or donate such airports, or landing fields to the State of Georgia, or the United States, for purposes of local, state, or national defense; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Grice, Weaver, and Bloodworth of Bibb- House Bill No. 61 5 A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 6, Paragraph I of the Constitution of Georgia, so as to authorize counties, municipal corporations, and political divisions of this state to appropriate money, to lease, lend, sell or donate property, and to lend credit to the State of Georgia or United States, for purposes of local, state or national defense; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. 6o6 JOURNAL OF THE HOUSE, By Messrs. Weaver, Bloodworth, and Grice of Bibb- House Bill No. 616. 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 Bibb County to make temporary loans between January Ist and December JISt of each year to be paid out of the revenue received by that county in that year, etc.; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. The following resolution of the House was read and referred to the Committee on Rules: By Mr. Daves of Dooly and many others- House Resolution No. 108. A resolution placing the liquor repeal bill on the calendar for March J, 1941. Mr. Jackson of Henry County, Vice-Chairman of the Committee on Amendments to Constitution No. 2, submitted the following report: Mr. Speaker: Your Committee on Amendments to Constitution No. 2 have had under consideration the following resolutions of the House and have instructed me, as ViceChairman, to report the same back to the House with the following recommendations: House Resolution No. 84-491A. Do pass. House Resolution No. 96-551A. Do pass. Respectfully submitted, Jackson of Henry, Vice-Chairman. Mr. Chastain 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. 461. Do pass, by substitute. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Hatchett of Meriwether County, Chairman of the Committee on Education No. I, submitted the following report: Mr. Speaker: Your Committee on Education No. 1 have had under consideration the follow- THURSDAY, FEBRUARY 27, 1941 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. 538. Do not pass. Respectfully submitted, Hatchett of Meriwether, Chairman, Mr. Pannell of Murray County, Chairman of the Committee on General Judiciary No. I, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. I 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. 45 Do not pass (minority report filed). House Bill No. 444 Do pass, by substitute. House Bill No. 464. Do pass. House Bill No. 426. Do pass. House Bill No. 27I. Do pass. House Bill No. 4IJ. Do pass. House Bill No. 369. Do pass, as amended. House Bill No. 376. Do pass, by substitute. House Bill No. 28. Do pass, by substitute. Respectfully submitted, Pannell of Murray, Chairman. Mr. Bruce of Troup County, Chairman of the Committee on General Judiciary No. 2, submitted the following report: 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. 25. Do pass, by substitute. House Bill No. 37 Do pass. House Bill No. 280. Do not pass. Respectfully submitted, Bruce of Troup, Chairmt.n. 6o8 JOURNAL OF THE HOUSE, Mrs. Guerry of Macon County, Chairman of the Committee on Historical Retearch, submitted the following report: Mr. Speaker: Your Committee on Historical Research 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. 553 Do pass. Respectfully submitted, Mrs. Guerry of Macon, Chairman. Mr. Drinkard of Lincoln 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 have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 509 Do pass. House Bill No. 230. Do not pass. House Bill No. 593 Do pass. Hou~e Bill No. 395 Do pass. House Bill No. 396. Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time: By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton- House Bill No. 25. A bill to be entitled an Act to amend the Code so as to eliminate the necessity of maintaining grantee index of instruments relating exclusively to personal property, and applying only to Fulton County; and for other purposes. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 28. A bill to be entitled an Act relating to the duty of Clerks of the Superior Courts to keep an execution docket which shows the names of the parties and their attorneys, etc.; and for other purposes. By Messrs. Bloodworth, Weaver, and Grice of Bibb- House Bill No. 37 A bill to be entitled an Act to amend an Act of the General THURSDAY, FEBRUARY 27, 1941 iio9 Assembly approved March 12, 1937, so as to further provide the method of obtaining leave to sell property set apart as a year's support and in which minor children shall have an interest; and for other purposes. By Mr. Arnall of Coweta- House Bill No. 271. A bill to be entitled an Act to amend Chapter 4o--16 of Title 40 of the Georgia Code of 1933, relating to the Attorney General and the Department of Law, etc.; and for other purposes. By Messrs. Atkinson of Chatham, Pannell of Murray, Grice of Bibb, and Whipple of Bleckley- House Bill No. 369. A bill to be entitled an Act to regulate the procedure in certain civil action in the Superior Courts; to prescribe the time and manner of filing cases and issumg process thereon; and for other purposes. By Messrs. Thompson and Hatchett of Meriwether- Hause Bill No. 376. A bill to be entitled an Act to enlarge the powers of the Coroner of the several counties of this State; and for other purposes. By Messrs. Evans of McDuffie, and Lovett of Laurens- House Bill No. 395 A bill to be entitled an Act to amend Section 71-204 of the Code of Georgia of 1933, relatmg to the payment and disposition of fees paid by persons appointed as Notaries Public by th~ State Librarian; and for other purposes. By Messrs. Evans of McDuffie, and Lovett of Laurens- House Bill No. 396. A bill to be entitled an Act to amend Section 101-103 of the Code of Georgia of 1933, relating to the salary of the State Librarian and Assistant State Librarian; and for other purposes. By Mr. Inglis of Habersham- House Bill No. 413. A bill to be entitled an Act to amend an Act entitled "An Act to provide for holding four terms a year of the Superior Court of Habersham County"; and for other purposes. By Mr. Shannon of Twiggs- Hause Bill No. 426. A bill to be entitled an Act to amend Section 85-1607 of the Code of Georgia of 1933 relatmg to the return by processioners by providing for transmissiOn of such return to the clerk of the Superior Court; and for other purposes. By Messrs. Allison of Gwinnett, Brinson of Chattooga, Williams of Bacon, Smith of Hall, Moore of Lumpkin, Pannell of Murray, and Gowen of Glynn- House Bill No. 444 A bill to be entitled an Act to provide for appointment of Commissioners to determine the compensation to which the owner or owners of property sought to be condemned for the construction or improvement of a public road by the United States of Amenca, or by the State of Georgia, or by an agency or authority thereof; and for other purposes. 610 JOURNAL OF THE HOUSE, By Mr'. Dunaway of DeKalb- House Bill No. 461. A bill to be entitled an Act to amend "An Act to abolish the offices of Tax Collector of DeKalb County; to create the office of County Tax Commissioner of DeKalb County"; and for other purposes. By Messrs. Smith of Carroll, Jones of Richmond, Davis of Coweta, Bruce of Troup, Williams of Jackson, and Smitha of Carroll- House Bill No. 464. A bill to be entitled an Act to amend Section 5~106 of the Code of Georgia relating to the duties of jury commissioners in revising jury lists; and for e-ther purposes. By Messrs. Williams and Bates of Ware- House Resolution 84-49IA. A resolution to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph I of the Constitution of Georgia, as now amended, so as to permit Waycross, in Ware County, to incur bonded indebtedness; and for other purposes. By Mr. Mann of Whitfield- House Bill No. 509 A bill to be entitled an Act to amend Title 84 ("Profession Business and Trades"), Chapter 84-2 ("Accountants") of the Code of Georgia of I933, as amended, to provide for termination of term present members, State Board of Accountancy; and for other purposes. By Mr. McCracken of Jefferson- House Resolution No. 96-55IA. A resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph I of the Constitution of Georgia, so as to authorize School District No. Io in Jefferson County to incur a bonded indebtedness; and for other purposes. By Messrs. Weaver of Bibb, Mixon of Irwin and Moore of Taliaferro-- House Bill No. 553 A bill to be entitled an Act to amend an Act approved March 5, I937, creating a Department of Natural Resources; and for other purposes. By Messrs. Evans of McDuffie, Elliott of Muscogee, Lovett of Laurens, and Culpepper of Fayette- House Bill No. 593 A bill to be entitled an Act to restrict and limit the juris- diction of the State Board of Tax Appeals; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate, to-wit: By Senators Drake of the 8th, Odum of the 9th, and Bradley of the I3th Districts- Senate Bill No. 105. A bill to amend Section 7 of the act establishing the State , THURSDAY, FEBRUARY 27, 1941 6II Board of Education, by prohibiting discrimination in the public schools of this State against graduates of any school complying with standard requirements; and for other purposes. By Senator Sumner of the Ioth District- Senate Bill No. 108. A bill to amend an Act approved March 12, 1935, entitled "An Act to amend the Act entitled 'An Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County; to fix and prescribe their jurisdiction, powers and duties' "; and for other purposes. By Senator Franklin of the 38th District- Senate Bill No. 136. A bill to amend Sections 3 and I 8 of the act creating a new Charter for the City of Rockmart, relating respectively to the election of a clerk and treasurer and to the powers of the mayor and council to grant franchises; and for other purposes. By Senator Hill of the 36th District- Senate Bill No. 87. A bill to amend Section 4 of an Act approved February 10, 1937, creating the State Board of Education, defining its powers, duties, etc.; and for other purposes. By Senator Drake of the 8th District- Senate Bill No. 102. A bill to amend Section 32-944 of the Code of Georgia of 1933 authorizing tax levying authorities and county boards of education to levy taxes for extension work in agriculture and home economics, etc.; and for other purposes. By Senator Drake of the 8th District- Senate Bill No. 101. A bill to amend Section 32-2205 of the Code relating to the employment of agricultural teachers and home economics teachers, by enlarging said section so as to authorize county boards of education to employ teachers of trade and commerce; and for other purposes. The Senate has concurred in the House amendments to the following bill and resolution of the Senate, to-wit: By Senator Sumner of the 1oth District- Senate Bill No. 21. A bill to require registration of guests under their true names at tourist camps, or like places by whatever named called; and for other purposes. By Senators Gross of the 2oth and Mason of the 3oth Districts- Senate Resolution No. 19. A resolution proposing an amendment to Paragraph 2, Section 2, Article 7 of the Constitution so as to exempt from all taxation, state, county, municipal, school district, and political or territorial sub-division of the state having the authority to levy taxes, all cooperative, non-profit, membership corporations organized under the laws of this state for the purpose of engaging in rural electrification, and all of the real and personal property owned or held by such corporations for such purpose; and for other purposes. 6i2 JOURNAL OF THE HOUSE, The Senate has read and adopted the following resolution of the House, to-wit: By Messrs. Blease of Brooks, Mavity of Walker, Kennedy of Tattnall, Ferguson of Sumter, and Howard of Long- House Resolution No. 101. A resolution providing for a recess to make committee trips; and for other purposes. By unanimous consent, the following bills of the House and Senate were read the third time and placed upon their passage: By Senator Drake of the 8th District- Senate Bill No. 70. A bill to be entitled an Act to amend an Act to consolidate and supersede the acts incorporating the City of Colquitt; and for other purposes. The following substitute to Senate Bill No. 70 was read and adopted: A BILL To be entitled an Act to prohibit livestock running at large within the corporate limits of the City of Colquitt in Miller County, Georgia; to provide for the impounding of certain livestock; to provide regulations, procedures and changes relative to the impounding and sale thereof; to provide duties; to repeal conflicting city ordinances and State laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section I. From and after the passage of this Act it shall be unlawful for any hog, cattle, horse, mule, ass, sheep, or goat to run at large within the corporate limits of the City of Colquitt located in Miller County, Georgia. Section 2. Any of said animals enumerated in Section 1 found running at large in the said City of Colquitt may be impounded; provided, however, the fee for impounding a hog, sheep or goat shall not exceed five cents, and provided that the fee for impounding any cattle, horse, mule, or ass, shall not exceed ten cents. Provided further that no bill for feeding such impounded animals shall be allowed until a period of five days has elapsed from the date said animal was impounded. Provided further, that after the expiration of five days, not more than five cents per day shall be charged for feeding any hog, sheep or goat, and not more than ten cents per day shall be charged for feeding any cattle, horse, mule, or ass, which have been impounded. Section 3 Any animal impounded by the city authorities of Colquitt may be sold as may be provided by ordinance of the said City but any sale of any impounded animal must be advertised for a period of not less than ten days by placing notice of such sale upon the bulletin board at the court house and also in at least three other conspicuous places on the court house square in the City of Colquitt. Section 4 All sales for impounded animals in the City of Colquitt shall be held only on Saturday afternoons between the hours of three and four o'clock and the said sales shall be held in the front of the court house door in the City of Colquitt. Provided, that the impounded animals which are to be offered for sale must be present THURSDAY, FEBRUARY 27, 1941 in front of the court house at the time when sold so that they may be examined by the public. Provided also that no official or employee of the City of Colquitt shall be allowed to bid at or buy impounded animals at such sales. Section 5 Within twenty-four hours from the time any animal described in this Act is impounded for running at large in the City of Colquitt, the said animal must be registered by the official or employee impounding the same with the City Clerk in a book kept by the said City Clerk for that purpose and there shall also be entered by the Clerk a full and complete description of the animal so impounded, including the size, mark, brand and color of the impounded animal. The City Clerk must also attend each sale in which impounded animals are sold or offered for sale in the City of Colquitt and must bring the described book in this section to the sale and must enter into the book a permanent record of when the animal was sold and to whom it was sold. Section 6. If any part of this Act should be declared invalid by a court of competent jurisdiction such fact shall not invalidate the remaining part of this Act. Section 7 All resolutions, by-laws, or ordinances of the City of Colquitt in force at the time of the passage of this Act or which may be passed or adopted by the Mayor and Council of said City of Colquitt subsequent to the passage of this Act which are in conflict with any provision hereof be and the same are hereby repealed and declared to be wholly null and void. Section 8. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute. On the passage of the bill, by substitute, the ayes were 117, the nays o. The bill having received the requisite constitutional majority was passed by substitute. By Senator Coker of the 39th District- Senate Bill No. 82. A bill to be entitled an Act to amend the Charter of the Town of Canton, in the County of Cherokee; and for other purposes. The report 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 o. The bill having received the requisite constitutional m~jority was passed. By Senator Coker of the 39th District- Senate Bill No. 106. A bill to be entitled an Act establishing a new Charter for the City of Canton; to provide for planning and zoning laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. JOURNAL OF THE HOUSE, On the passage of the bill, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Brooks of Mitchell- House Bill No. 467. A bill to be entitled an Act to pass zoning and planning laws for the City of Camilla; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were II 5, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Walker of GradyHouse Bill No. 480. A bill to be entitled an Act to amend the Charter of the City of Cairo; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 13, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Goolsby of Monroe- House Bill No. 481. A bill to be entitled an Act to .1mend the Act entitled "An Act to codify and consolidate various Acts incorporating the City of Forsyth"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were II2, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Dallis, Caldwell, and Bruce of Troup-- House Bill No. 504. A bill to be entitled an Act creating a City Charter for Hogansville; and for other purposes. The following amendment to House Bill No. 504 was read and adopted: An Amendment to House Bill No 504. Messrs. Caldwell, Dallis, and Bruce of Troup move to amend Section 34 by adding the following after the comma following the word "City" at the end of line 2 and before the w0rd "shall" at the beginning of line 3: "except property which, under the gener.al laws of the State of Georgia, is required to be returned to the State Revenue Commissioner," THURSDAY, FEBRUARY 27, 1941 The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage 0f the bill, as amended, the ayes were u6, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Welsch and Dorsey of CobbHouse Bill No. 513. A bill to be entitled an Act to amend the Charter of the City of Marietta; and for other purposes. The report of the c:>mmittee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I II, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Boone of Wilkinson- House Rill No. 518. A bill to he entitled an Act to amend the Act incorporating the City of Gordon; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Brinson of ChattoogaHouse Bill No. 522. A bill to be entitled an Act incorporating the Town of Menlo; and for other purposes. The report of the committee, which was favorable to the passage of the hill, was agreed to. On the passage of the bill, the ayes were I 10, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Brooks of OglethorpeHouse Bill No. 531. A bill to be entitled an Act to establish the City Court of Lexington; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage.of the bill, the ayes were 108, the nays o. The hill having received the requisite constitutional majority was passed. By Messrs. Smith and Smitha of CarrollHouse Bill No. 542. A bill to be entitled an Act to amend the Act approved JOURNAL OF THE HOUSE, November 23, 1901 creating and adopting a new Charter for the Town of Temple; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Bill No. 443 A bill to be entitled an Act establishing a Charter for the City of Atlanta permitting leave of absences during Military Service for all except elected officials; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Smiley of Liberty- House Bill No. 546. A bill to be entitled an Act amending an Act to create and establish a new Charter for the City of Hinesville; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Smiley of Liberty- House Bill No. 547 A bill to be entitled an Act to amend an Act creating and establishing a new Charter for the City of Hinesville; and for other purposes. The rep~rt of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senator Edwards of the 6th District- Senate Bill No. 78. A bill to be entitled an Act to regulate labor organizations; to prohibit them from seeking money from persons working on projects being financed by tax money; and for other purposes. Referred to the Committee on State of Republic. THURSDAY, FEBRUARY 27, 1941 By Senator Hill of the 36th Distnct- Senate Bill No. 87. A bill to be entitled an Act to amend Section 4 of an Act approved February 10, 1937, creating the State Board of Education, defining its powers, etc.; and for other purposes. Referred to the Committee on Education No. 1. By Senator Drake of the 8th District- Senate Bill No. 101. A bill to be entitled an Act to amend Section 32- 2205 of the Code relating to the employment of agricultural teachers and home economics teachers, by enlarging said section so as to authorize "county boards of education to employ teachers of trade and commerce; and for other purposes. Referred to the Committee on Education No. 1. By Senator Drake of the 8th District- Senate Bill No. 102. A bill to be entitled an Act to amend Section 32-944 of the Code of Georgia of 1933 authorizing tax levying authorities and county boards of education to levy taxes for extension work in agriculture and home economics, etc.; and for other purpo~es. . Referred to the Committee on Education No. 1. By Senators Drake of the 8th, Odum of the 9th, and Bradley of the 13th Districts- Senate Bill No. 105. A bill to be entitled an Act to amend Section 7 of the Act establishing the State Board of Education, by prohibiting discrimination in the public schools of this state against graduates of any school complying with standard requirements; and for other purposes. Referred to the Committee on Education No. 1. By Senator Sumner of the 1oth District- Senate Bill No. 108. A bill to be entitled an Act to amend an Act approved March 12, 1935, entitled "An Act to amend the Act entitled 'An Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County' "; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Franklin of the 38th District- Senate Bill No. 136. A bill to be entitled an Act to amend Sections 3 and 18 of the Act creating a new Charter for the City of Rockmart: and for other purposes. Referred to the Committee on Municipal Governmen.t. The following resolution of the House was read and adopted: By Mr. Brooks of Mitchell- House Resolution No. 106. A resolution expressing the gratitude of the House to those gentlemen of the press reporting legislation; and for other purposes. 618 JOURNAL OF THE HOUSE, Mr. Strickland of Haralson arose to a question of personal privilege and addressed the House. The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the Committee on General Judiciary No. 1: By Mr. Turner of DeKalb- House Bill No. 45 A bill to be entitled an Act to define and regulate the business of making small loans; and for other purposes. Under the regular order of business the following bill of the House was taken up for consideration and the caption was read: By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton- House Bill No. 26. A bill to be entitled an Act to amend the Code of Georgia of 1933 to provide a new section providing for the control and supervision of state aid roads and their construction and for the payment of all expenses necessary for such establishment and construction by the State Highway Board out of funds al1ocated to the State Highway Department; and for other purposes. Mrs. Mankin of Fulton moved that further. action on House Bill No. 26 be postponed until next week, and the motion prevailed. Under the regular order of business, the following bill of the House was taken up for consideration and the caption read: By Messrs. Chastam of Thomas, Curry of Randolph, and Petttt of Bartow- House Bill No. 41. A bill to be entitled an Act to grant persons or 'corporat!ons constructing, running or operating pipe lines for the transportaton of petroleum products the rtght of eminent domain; and for other purposes. Mr. Grayson of Chatham asked unanimous consent that further action on House Bill No. 41 and the following bill of the House, which is a companion btll, be postponed until Monday mornmg, March 3rd: By Messrs. Chastain of Thomas and Curry of Randolph- House Bill No. 42. A btll to be entitled an Act to provide that persons or corporat,ons constructing, running or operating pipe hnes for the transportation of petroleum and petroleum products shall have the right to traverse pubhc property to such an extent as may be necessary for such purposes; and for oth!!r purposes. There was objection to the unanimous consent request. The objection to the unanimous consent request w~s withdrawn, and further action on House Bill Nos. 41 and 42 was postponed until Monday morning, March 3rd. Und~r the regular order of busmess, the following bill of the House was taken up for cQnj!ideration and the caption read: THURSDAY, FEBRUARY 27, 1941 By Messrs. Mims of Miller and Drake of Seminole- House Bill No. 59 A bill to be entitled an Act to amend the General Tax Act of 1935 so as to raise the tax on insurance premiums from 1,!1% to 3%; and for other purposes. By unanimous consent, further action on House Bill No. 59 was postponed until next week. Under the regular order of business, the following bills and resolutions of the House were taken up for consideration and read the third time: By Messrs. Bloodworth, Grice, and Weaver of Bibb- House Bill No. 62. A bill to be entitled an Act to more effectively preserve the citizens' constitutional right to immunity from unreasonable searches and seizures; and for other purposes. Mr. Shannon of Twiggs moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, Mr. Bloodworth of Bibb moved the ayes and nays, and the call was sustained. The roll was called, and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Allison Anglin Ansley Atkinson Aultman Bates Blackshear Blease Bloodworth Bowen Boone Bradbury Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Campbell Chastain Culpepper Curry Daves Joiner Dorsey Jones of Brantley Dunaway Kendrick Dupree Key of Jasper Easler Livingston Ennis, Marion Maddox Etheridge Mankin Ferguson of Sumter Mann Gill Martin Goddard Mason Gray McCracken Grayson McNall Grice Miller Guerry Mills Hand Moate Harris Moore of Lumpkin Heard Musgrove Hicks Pannell Hunnicutt Parker Jackson Phillips Johnson of Chattahoochee Pinkston 620 JOURNAL OF THE HOUSE, Price Rees Roberts of Walton Rowland Shannon Simmons Smith of Schley Suggs Tappan Turner Warnock Weaver Welsch Those voting in the negative were Messrs.: Adams Anderson Arnall Barlow Bridges Callaway Candler Clements Connell Cowart Dallis Dalton Deal Drake Drinkard Dyal Edwards Elliott Ford Forrester Foster of Paulding Foster of Towns Gaston Gavin Gillis Griffin Hagan Harden Hardy Harrison Hart Hatchett Herrin Horne Howard Inglis Johnson of Pike Jones of Dodge Jones of Worth Kea of Laurens Kennedy Lewis Looper Lovett Maund McClure McEntire Mixon Those not voting were Messrs.: Barber Bennett Bentley Branch Bruce Caldwell Davis Dean Dunn Ennis, J. H. Ferguson of Camden Fowler Fuller Goolsby Gowen Graham Greene Gross Hardman Hartness Hogg Holtzendorf Hooks Ingram Wetherbee Williams of Bacon Witherington Wohlwender Wren Wright Moss Pickett Pittman Rich Roberts of Gwinnett Roughton Russell Sabados Sheppard Smiley Smith of Barrow Smith of Washington Southwell Swint Thompson Walker Wells of Burke Wells of Telfair Whipple Wilbanks Williams of Harris Willoughby Woods Yawn Jones of Richmond Kaigler Kelley Lester Mavity Maxwell Mcintosh Mims Moore of Taliaferro Pettit Pilcher Reiser THURSDAY, FEBRUARY 27, 1941 621 Richardson Rogers Rossee Sills Smith of Carroll Smith of Hall Smitha Strickland Taft Thig:{:en Vickers Wells of Clayton Williams of Jackson Williams of Ware On the passage of the bill, the ayes were 82, the nays 72. The bill having failed to receive the requisite constitutional majority was lost. By Messrs. Dunaway, Candler, and Turner of DeKalb- House Bill No. 64. A bill to be entitled an Act to amend the Code of Georgia of 1933 so as to extend the provisions of said chapter to include croppers and servants who continue to hold possessions of lands and tenements after their employment as such has terminated; and for other purposes. Mr. Dunaway of DeKalb moved the previous question, the call was sustained and the m;;.in question ordered'. The following amendment to House Bill No. 64 was read and ctdopted: Mr. Dunaway of DeKalb moves to strike from House Bill No. 64 the proposed new Section 61-308 and substitute therefor the following: 61-308. The Provisions of this Chapter shall apply to croppers and servants who continue to hold possession of lands and tenements after their employment as such has terminated, in the same manner as ;t relates to tenants. 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 ,1mended, the ayes were 104, the nays 3 The bill having received the requisite constitutional majority was passed, as amended. By Mr. Davis of Coweta- House Resolution No. 21-65A. A resolution proposing an amendment to the Constitution of Georgia so as to provide for an annual forty-five day regular session of the General Assembly. By unanimous consent, House Resolution No. 21-65A was tabled. By Messrs. Welsch and Dorsey of Cobb- House Bill No. 67. A hill to be entitled an Act to amend the Intangibles-Classification Act so as to provide for a division of revenue derived from taxes on intangible personal property as is now paid into the General Fund of Incorporated Municipnlities with independent school districts located therein, between the General Fund of such Incorporated Municipalities nd the Independent School District within such municipality in the proportion that the millage rate levied for school purposes by such municipality bears to the total millage rate levied for all purposes by such municipality applicable to real and tangible personal property similarly located; and for other purposes. 622 JOURNAL OF THE HOUSE, Mr. Williams of Bacon, moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Horne of Crisp, Witherington of Wilcox, and Dupree of Pulaski- House Bill No. 68. A bill to be entitled an Act to amend the Code of Georgia of 1933, wherein it is made unlawful to buy certain farm products without paying for same, by adding cattle, hogs, sheep, goats, horses, pecans, watermelons, cantaloupes, and mules; and for other purposes. Mr. Culpepper of Fayette moved the previous question, the call was sustained and the main question ordered. The following amendment to House Bill No. 58 was read and adopted: Mr. Hatchett of Meriwether moves to amend House Bill No. 68 by adding after the word "pecans" and before the word "watermelons" the words "peaches and apples". ' 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 o. The bill having received the requisite constitutional majority was passed, as amended. The following resolution of the House was read and adopted: By Mr. Turner of DeKalb- House Resolution No. 107. A RESOLUTION WHEREAS there has heretofore been appointed by the Chairman of the Industrial Relations Committee, a committee to meet with a like committee from Alabama and Mississippi. THEREFORE, be it resolved that said committee be allowed the same expenses as heretofore agreed upon for like traveling cpmmittees-inspecting state institutions, making trips this week end. Mr. Culpepper of Fayette moved that the House do now adjourn and the motion prevailed. Under the provisions of House Resolution No. 101, previously adopted by the House and Senate, the Speaker announced the House adjourned until Monday morning at 10:00 o'clock. MONDAY, MARCH J, 1941 62J Representative Hall, Atlanta, Georgia, Monday, March J, 1941. 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 Mr. Suggs of Sumter. The roll was called and the following members answered to their names: Adams Aiken Allison Anglin Ansley Arnall Atkinson Aultman Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Daves Davis Deal Dorsey Drake Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fuller Gaston Gavin Gill Goddard Gowen Graham Gray Grayson Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Home Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure McCracken Mcintosh McEntire Mills Mims Mixon Moate Moore of Lumpkin 624 JOURNAL OF THE HOUSE, Moore of Taliaferro Musgrove Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Rowland Russell Sabados Shannon Sheppard Simmons Smiley Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of Thursday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resoluttons favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First readmg and reference of Senate Bills. By unanimous consent, the following bills and resolutions were introduced, read the first time >tnd referred to the committees: By Messrs. Candler and Turner of DeKalb- House Bill No. 617. A bill to be entitled an Act to amend an Act approved August 17, 1909 creating and establishing a new Charter for the City of Decatur, so as to change, enlarge and extend the corporate limits of the city; and for other purposes. Referred to the Committee on Municipal Government. MONDAY, MARCH 3, 1941 625 By Messrs. Candler, Turner, and Dunaway of DeKalb- House Bill No. 618. A bill to be entitled an Act to amend an Act approved August 24, 1929 empowering the governing authorities in Decatur, Georgia to make regulations regarding zoning and planning laws by providing for appointment of a Planning Board; and for other purposes. Referred to the Committee on Munic1pal Government. By Mr. Taft of Atkinson- House Bill No. 619. A bill to be entitled an Act to amend the Act approved March 30, 1937 by providing that Section 27 relating to pro rata reductwns shall not affect appropriations made to the Department of Education; and for other purposes. Referred to the Committee on Appropriations. By Mr. Taft of Atkinson- House Bill No. 62o. A bill to be entitled an Act to amend Section 32-1004 of the Code of Georgia of 1933 prescribing the qualifications and duties of county superintendents of schools; and for other purposes. Referred to the Committee on Education No. 1. By Mr. Strickland of Haralson- House Bill No. 621. A bill to be entitled an Act to amend the Charter of the City of Bremen; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Southwell of Charlton- House Bill No. 622. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for th~ County of Charlton; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Rowland of Johnson- House Bill No. 623. A bill to be entitled an Act to amend an Act approved August 18, 1923 creating a new Charter for the City of Wrightsville; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Strickland of Haralson- House Bill No. 624. A bill to be entitled an Act to amend an Act fixing the salary of the County Treasurer of Haralson at 'f.6oo.oo per annum; and for other purposes. Referred to the Committee on Counties and County Matters. JOURNAL OF THE HOUSE, By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton, Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 625.. A bill to be entitled an Act to create a highway authority for any county or counties in which may be situated a city having a population of more than 300,000; and for other purposes. Referred to the Committee on Municipal Government. By1 Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton, Messrs. Candler, Turner, and Dunaway of DeKalb- House Bill No. 626. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia authorizing Fulton and DeKalb Counties to establish a Highway Authority; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Bill No. 627. A bill to be entitled an Act to amend an Act establishing a new Charter for the Oty of Atlanta; to amend the Pension Act of 1910 so as to bring six people under the provisions of same; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Etheridge and Mrs. Mankin of Fulton- House Bill No. 628. A bill to be entitled an Act to repeal Section 49-609 of the Georgia Code of 1933 to provide a procedure for ending guardianship proceedings and lunacy commissions; and for other purposes. Referred to the Committee on General Judiciary No. 2. By Messrs. Elliott and Wohlwender of Muscogee-- House Bill No. 629. A bill to be entitled an Act to amend the Charter of the City of Columbus; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 630. A bill to be entitled an Act to amend the Charter of the City of Columbus; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Elliott and Wohlwender of Muscogee-- House Bill No. 631. A bill to be entitled an Act granting express authority to the City of Columbus to erect and maintain a public passenger station between the two roadways on Broadway between 1Ith and 12th Streets; and for other purposes. Referred to the Committee on Municipal Government. MONDAY, MARCH J, 1941 By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 632. A bill to be entitled an Act authorizing the City of Columbus to incur expenses in the lighting, heating or maintenance of a passenger station in the center of Broad Street; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 633. A bill to be entitled an Act to regulate the salaries of stenographic reporters of the Superior Courts in all Judicial Circuits of this State in all counties having a population of not less than so,ooo or more than ss,ooo; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Pickett of Pickens and Hagan of Screven- House Bill No. 634. A bill to be'entitled an Act to amend the Act to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; to provide for the collection of the same; and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Mann of Whitfield, and Smith of Carroll-. House Bill No. 635. A bill to be entitled an Act to require a Tax Paid Crown on all soft drinks and bottled drinks whether made with plain, carbonated or sparkling water; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Gill of BryanHouse Bill No. 636. A bill to be entitled an Act to create a Board of Commis- sioners of Roads and Revenues for the County of Bryan; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Br;dges of EarlyHouse Bill No. 637. A bill to be entitled an Act to change the time of holding the Superior Court in Early County; and for other purposes. Referred to the Committee on Special Judiciary. By Messrs. Joiner of Cook and Connell of LowndesHouse Bill No. 638. 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 Cook County to issue Funding bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. By Mr. Bennett of Jeff DavisHouse Bill No. 640. A bill to be entitled an Act to propose to the qualified JOURNAL OF THE HOUSE, voters of Georgia an amendment to Article 7, Section 7, Paragraph r of the Constitution of Georgia, so as to authorize Jeff Davis County to issue Funding Bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. r. By Mr. Bennett of Jeff Davis- House Bill No. 64r. A bill to be entitled an Act to create the office of County Custodian for Jeff Davis County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Smith and Smitha of Carroll- House Bill No. 642. A bill to be entitled an Act to amend an Act to create a new Charter for the Town of Bowdon; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Blackshear of Hall- House Bill No. 643. A bill to be entitled an Act to amend an Act which provides the nature of the firm name under which a limited partnership business shall be conducted; and for other purposes. Referred to the Committee on Corporations. By Mr. Gill of Bryan- House Bill No. 644. A bill to be entitled an Act to repeal "An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan"; and for other purposes. Referred to the Committee on CountJes and County Matters. By Mr. Heard of Elbert- House Bill No. 645 A bill to be entitled an Act to amend an Act incorporating the City of Elberton; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Brooks of Oglethorpe- House Bill No. 646. A bill to be entitled an Act to authorize the City of Crawford to incur a bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. By Messrs. Goddard and Swint of Spalding- House Resolution No. rog-646A. A resolution proposing to the qualified voters an amendment to Article XI, Section II, Paragraph I of the Constitution of Georgia so as to provide for the division of Spalding County into school districts; and for other purposes. MONDAY, MARCH J, 1941 Referred to the Committee on Amendments to Constitution No. 2. By Messrs. Bynum of Rabun and Rowland of Johnson- House Bill No. 647. A bill to be entitled an Act to amend an Act entitled "An Act to provide for the payment of a license by certain persons fishing within the State of Georgia"; and for other purposes. Referred to the Committee on Game and Fish. By Mr. Kennedy of Tattnall- House Bill No. 648. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Tattnall; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Williams of Ware- House Bill No. 649. A bill to be entitled an Act creating the State Park Authority; authorizing the Authority to construct, operate and maintain self-liquidating projects embracing the completion of the Confederate Memorial on the side of Stone Mountain, parks, recreational areas, lakes, housing accommodations; and for other purposes. Mr. Dunaway 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. 136. Do pass. House Bill No. 442. Do pass, as amended. House Bill No. 508. Do pass, as amended. House Bill No. 530. Do pass. House Bill No. 556. Do pass. House Bill No. 564. Do pass. House Bill No. 581. Do pass. House Bill No. 578. Do pass. House Bill No. 585. Do pass. House Bill No. 588. Do pass. House Bill No. 590. Do pass. JOURNAL OF THE HOUSE, House Bill No. 6oJ. Do pass. House Bill No. 6o4. Do pass. House Bill No. 609. Do pass. House Bill No. 610. Do pass. House Bill No. 6II. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Franklin of the 38th District- Senate Bill No. 136. A bill to be entitled an Act to amend Sections 3 and 18 of the Act creating a new Charter for the City of Rockmart; and for other purposes. By Messrs. Etheridge and Kendrick and Mrs. Mankin of FultonHouse Bill No. 442. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta; and for other purposes. By Messrs. Atkinson, Grayson, and McNall of ChathamHouse Bill No. 508. A bill to be entitled an Act to create a new municipality in Chatham County to be known as Garden City; and for other purposes. By Messrs. Weaver, Grice, and Bloodworth of BibbHouse Bill No. 530. A bill to be entitled an Act to provide for and direct the conveyance of title to certain streets and alleys; to provide for the vacating and closing of certain streets and alleys; and for other purposes. By Messrs. Atkinson, Grayson, and McNall of Chatham- House Bill No. 556. A bill to be entitled an Act to amend the Acts incorporat- :ng the Town of Savannah Beach, formerly known as the Town of Tybee; and for other purposes. By Messrs. Smith and Smitha of CarrollHouse Bill No. 564. A bill to be entitled an Act to amend, revise and provide a new Charter under corporate name of "City of Villa Rica"; and for other purposes. By Messrs. Ferguson and Suggs of SumterHouse Bill No. 578. A bill to be entitled an Act to amend an Act entitled "An Act to amend, revise and consolidate the several Acts granting corporate authority of the City of Americus"; and for other purposes. By Messrs. Allison and Roberts of GwinnettHouse Bill No. 581. A bill to be entitled an Act to amend an Act to create a new Charter for the Town of Duluth; and for other purposes. MONDAY, MARCH J, 1941 By Mr. Joiner of Cook- House Bill No. 585. A bill to be entitled an Act to amend an Act to incorporate the City of Adel; and for other purposes. By Mr. Mcintosh of Mcintosh- House Bill No. 588. A bill to be entitled an Act to amend an.Act to provide a Charter for the City of Darien; and for other purposes. By Messrs. Barlow and Barber of Colquitt- House Bill No. 590. A bill to be entitled an Act to amend an Act to create and incorporate the Town of Riverside; and for other purposes. By Mr. Vickers of Coffee- House Bill No. 6oJ. A bill to be entitled an Act to amend an Act to create a new Charter for the City of Douglas; and for other purposes. By Mr. Vickers of Coffee- House Bill No. 604. A bill to be entitled an Act to amend an Act to create a new Charter for the City of Douglas; and for other purposes. By Mr. Mcintosh of Mcintosh- House Bill No. 609. A bill to be entitled an Act authorizing the City of Darien to close parts of streets within said City; and for other purposes. By Mr. Fowler of Douglas- House Bill No. 610. A bill to be entitled an Act to amend an Act incorporating the Town of Douglasville; and for other purposes. By Mr. Fowler of Douglas- House Bill No. 6u. A bill to be entitled an Act to amend an Act incorporating the Town of Douglasville; and for other purposes. By unanimous consent, the following bill of the House was read the third time and placed upon its passage: By Messrs. Candler, Dunaway and Turner of DeKalb- House Bill No. 461. A bill to be entitled an Act to amend the Act creating the office of Tax Commissioner of DeKalb County so as to place said Tax Commissioner on a salary; and for other purposes. The following committee substitute to House Bill No. 461 was read and adopted: A bill to be entitled an Act to amend "An Act to abolish the offices of Tax Receiver and Tax Collector .of DeKalb County, Georgia; to create the office of County Tax Commissioner of DeKalb County Georgia; to fix the term and compensation or said officer; to prescribe the rights, liabilities, and duties of said office; to provide that the laws now in force as Tax Receiver and Tax Collector shall be of full force JOURNAL OF THE HOUSE, and effect as to County Tax Commissioner so far as the same are applicable; to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect and collectible as issued; to provide that all fees and commissions and other compensation of the Tax Receiver and Tax Collector shall be paid into the treasury of DeKalb County, Georgia; to provide for the election of Tax Commissioner of said County and the method of filling vacancies; to provide for giving bond; to provide for a referendum of this Act; to provide for putting into effect in DeKalb County the Constitution of the State as contained in Article eleven (I I), Section three (3), Paragraph one (I); and for other purposes," so that the compensation, from all sources whatsoever, of said Tax Commissioner shall be fixed in accordance the provisions of Ga. Laws I924, page 90; to provide that the salary, fees, commissions, and extra compensation under and by virtue of the provisions of an Act approved January I7, I938, Ga. Laws I937-I938, page 297, or an Act approved March 24, I939, Ga. Laws I939, page 370, or any other law or Act whenever passed fixing compensation for Tax Commissioners or Tax Collectors shall be put in the treasury and become the property of DeKalb County; to provide when said Act shall become effective; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Section 6, of Ga. Laws I927, pages 558-56I, referred to hereinabove in the caption, is hereby stricken and a new Section 6, is substituted in lieu thereof, as follows: SECTION 6. Be it further enacted by the authority aforesaid, that the compensation, from all sources, whatsoever of the County Tax Commissioner and the compensation of such assistants and deputies as he may need, of DeKalb County, Georgia, shall be a salary fixed by the Commissioner of Roads and Revenues of said County in the same manner as the salaries are fixed for other county officers of said County as found in the Acts of I924, page 90, and on and after January I, I942, the salary, fees, commissions, and extra compensation derived under and by virtue of the provisions of an Act approved January I7, I938, Ga. Laws I937-I938, page 297, or an Act approved March 24, I939, Ga. Laws I939, page 370, or any other law or Act whenever passed, fixing compensation for Tax Commissioners or Tax Collectors shall thereafter be put into the treasury and become the property of DeKalb County. SECTION 2. If any paragraph, sentence, clause or word should be held unconstitutional, such holding shall not affect the remainder of said Act, and it shall thereafter be considered as if such unconstitutional portions had not been included herein. SECTION 3 Any and all laws or parts of laws in conflict herewith are hereby repealed. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to. On the passage of the bill, by substitute, the ayes were I03, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. MONDAY, MARCH J, 1941 The following report of the Committee on Rules was read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a calendar for Monday, March J, 1941, submits the following report: Your Committee recommends that the following be established as a special and continuing order of business: 1. House Bill No. 41 granting the right of eminent domain to pipe lines. 2. House Bill No. 42 granting to pipe lines the right to traverse public property. 3 House Bill No. 37 amending the law in regard to year's support. 4 House Bill No. 73 to suspend certain taxes in bureau of unemployment. 5 House Bill No. 296 providing for a home guard. 6. House Bill No. 302 extending the law with reference to incorporation of banks in certain towns. 7 House Bill No. 310 to establish hospital authority. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. The following message was received from the Senate through Mr. Camp, the Secretar.y thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House, to-wit: By Senators Campbell of the 34th and Edwards of the 6th Districts- Senate Bill No. 66. A bill governing and regulating the use of public roads and public highways of this State, according to recommendations of the Highway Transport Committee of the American Association of the State Highway Officials and the United States Bureau of Public Roads; and for other purposes. By Senator Gross of the 2oth District- Senate Bill No. 93 A bill to amend an Act establishing the City Court of Sandersville and all Acts amendatory thereof by providing the number of jury strikes in said court; and for other purposes. By Senator Drake of the 8th Distnct- Senate Bill No. 95 A bill to abolish the fee system now existing in the Superior Courts of the Pataula Judicial Circuit, as applied to the office of Official Court Reporter; and for other purposes. JOURNAL OF THE HOUSE, By Senators Houston of the 51st and Milhollin of the 46th District- Senate Bill No. 97 A bill to provide for a recount of the ballots in all primary elections hereafter held in the State of Georgia for the nomination of candidates for members of the General Assembly, Governor, Statehouse officers, and all other state, county and national officers elected by the people; and for other purposes. By Senator Edenfield of the 4th District- Senate Bill No. 143. A bill to amend an Act granting a Charter to the City of Kingsland, Georgia, by amending said Act by strikmg from the seventh line of Section one of said Act the word "half" so that the sentence from which said word is so stricken shall read when so amended as follows, ta-wit: "The territory hereby incorporated is all of the territory embraced in a circle extending one mile in all directions from the center of King Street and the center of the main line of the Seaboard Air Line Railway at the point of intersection of said street and railway track,"; and for other purposes. By Senator Edenfield of the 4th District- Senate Bill No. 144. A bill to amend an Act granting the City of Kingsland, Georgia a charter; to grant the governing authorities of the City of Kingsland authority to pass zoning and planning laws; and for other purposes. By Senator Fortson of the 5oth District- Senate Resolution No. 17. A resolution proposing to the qualified voters of the State of Georgia for ratification or reject:on, an amendment to Article 5, Section 1 of the Constitution of Georgia a limitation upon the pardoning power of the Governor by providing that the Solicitor General and the Judge of the Court in which the defendant was convicted must recommend the pardon before same can be granted. By Senator Gross of the 2oth District- Senate Resolution No. 41-140B. A resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph I of the Constitution so as to authorize Davisboro School District to issue bonds, etc. By Messrs. Rees of Webster, Ferguson and Suggs of Sumter, and others- House Bill No. IJ7 A bill to provide for the Official Court Reporter of the Southwestern Judicial Circuit; to pay the salary of said Official Court Reporter; and for other purposes. By Mr. Rees of Webster- House Bill No. 410. A bill to reduce Bond of Sheriff of Webster County; and for o_ther purposes. By Mr. Gross of Stephens- House Bill No. 422. A bill to amend an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, Georgia; and for other purposes. MONDAY, MARC:H 3, 1941 635 By Mr. Dunn of Lamar- House Bill No. 424. A bill to amend the Charter of the City of Barnesville; and for other purposes. By Messrs. Goddard and Swint of Spalding- House Bill No. 427. A bill to reduce the bond of the Sheriff of Spalding County from ten thousand dollars to five thousand dollars; and for other purposes. By Messrs. Wells and Lewis of Burke- House Bill No. 428. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Burke; and for other purposes. By Mr. Dyal of Appling--:House Bill No. 430. A bill to amend an Act entitled an Act to amend the Charter of the City of Baxley; and for other purposes. By Messrs. Ford and Jones of Worth- House Bill No. 432. A bill to amend the Act entitled "An Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County; to fix and prescribe their jurisdiction, powers and duties"; and for other purposes. By Mr. Wilbanks of Cherokee- House Bill No. 433 A bill to amend an Act to establish a new Charter for the City of Canton; to provide power and authority for the enactment and passage of Zoning and Planning LawS and Ordinances; and for other purposes. By Mr. Kea of Laurens- House Bill No. 437 A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Laurens, defining its powers, duties and functions; and for other purposes. By Messrs. Allison and Roberts of Gwinnett- House Bill No. 440. A bill to amend an Act to create a new Charter and Municipal Government for the City of Buford; and for other purposes. By Mr. Bradbury of Oconee- House Bill No. 456. A bill to amend an Act to amend the Charter of Bogart, in Oconee County so as to provide for elections to fill vacancies of the Mayor and Council; and for other purposes. By Mr. Witherington of Wilcox- House Resolution No. 26-1o7C. A resolution to relieve Joe Jones and Joe L. Dennard as sureties on the bond of Jerry Peavy; and for other purposes. JOUR-NAL OF THE HOUSE, By Messrs. Bloodworth, Grice, and Weaver of Bibb- House Resolution No. 28-1o7E. A resolution relieving C. F. McCook of surety bond; and for other purposes. By Messrs. Bloodworth, Grice, and Weaver of Bibb- House Resolution No. 29-107F. A resolution relieving S. C. Clemons of surety bond; and for other purposes. By Messrs. Bloodworth, Grice, and Weaver of Bibb- House Resolution No. 34-137C. A resolution for relief of M. E. Field and H. M. Bedgood, as sureties, on bond of J. J. Bedgood, indicted for embezzlement in Bibb County. By Messrs. Bloodworth, Weaver, and Grice of Bibb- House Resolution No. 35-137D. A resolution relieving M. E. Field as surety on the bond of Walter Junior; and for other purposes. The Senate has concurred in the House substitutes as amended to the following resolutions of the Senate, to-wit: By Senators Kiker of the 41st, Cannon of the 4oth, and Whaley of the 45th Districts- Senate Resolution No. 13. A resolution authorizing and directing the Surveyor General of the State of Georgia to survey the state line between Georgia and North Carolina and Georgia and Tennessee. By Senator Harrison of the 23rd District- Senate Resolution No. 21-68B. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Paragraph 3, Section 4, Article 3 of the Constitution of the State of Georgia so as to provide for annual sessions of the General Assembly; and for other purposes. Mr. Blease of Brooks arose to a question of personal privilege and addressed the House. Mr. Kea of Laurens arose to a question of personal privilege and addressed the House. By unanimous consent, the House agreed to remain in session until 12:30 P.M., recess for one hour, reconvene and remain in session in the afternoon until the House adjourns until House Bills Nos..p and 42 are disposed of. 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. Chastain of Thomas and Curry of Randolph- House Bill No. 41. A bill to be entitled an Act to grant persons or corporations constructing, running or operating pipe lines for the transportation of petroleum products the right of eminent domain; and for other purposes. MONDAY, MARCH 3, 1941 By unanimous consent, the House recessed for one hour. 1:15 o'clock P.M. The Speaker called the House to order. Further consideration of the following bill of the House was resumed: By Messrs. Chastain of Thomas and Curry of RandolphHouse Bill No. 41. A bill to be entitled an Act to grant persons or corporations constructing, running or operating pipe lines for the transportation of petroleum products the right of eminent domain; and for other purposes. Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock, and House Bill No. 41 went over until that time under the order of unfinished business. JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georg:a, Tuesday, March 4, 1941. 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 follow:ng members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bennett Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Dallis Dalton Daves Davis Deal Dean Dorsey Drake Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fuller Gaston Gavin Gill Gillis Goddard Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure McCracken Mcintosh McEntire Miller TUESDAY, MARCH 4> 1941 639 Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Reiser Rich Roberts of Gwinnett Roberts of Walton Rogers Rowland Russell Sabados Sheppard Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolut;ons under the Rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate bills. 5 First reading and reference of Senate bills. By unammous consent, the following bills and resulutions were introduced, read the first time and referred to the committees: By Mr. Dyal of Appling- House Bill No. 650. A bill to be entitled an Act to amend an Act creating a new charter for the City of Baxley; and for other purposes. Referred to the Committee on Municipal Government. JOURNAL OF THE HOUSE, By Mr. Davis of Coweta- House Bill No. 651. A bill to be entitled an Act to amend an Act to create a new charter for the City of Newnan; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Willoughby of Clinch- House Resolution No. uo-651A. A resolution directing the State Prison Farm in Tattnall County to suspend and discontinue the business and operation of boxing and using the pine trees on said farm premises for the production and distillation of rosin and turpentine; and for other purposes. Referred to the Committee on Prison Farms. By Messrs. Yawn and Jones of Dodge, Bennett of Jeff Davis, Wells of Telfair, Holtzendorf of Ben Hill and Mixon of Irwin- House Resolution No. III-651B. A resolution proposing to the qualified voters of Georgia an amendment to Article 9, Section 1 of the Constitution of Georgia, so as to direct certain named counties to purchase certain property for recreational grounds; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Mr. Mcintosh of Mcintosh- House Bill No. 6p. A bill to be entitled an Act to amend an Act by prescribing a form of appearance bond that may be taken in all criminal matters; and for other purposes. Referred to the Commit.tee on Special Judiciary. By Mr. Taft of Atkinson- House Bill No. 653. A bill to be entitled an Act to repeal an Act ~!ltitled "An Act to create the office of Commissioner of Roads and Revenues of the County of Atkinson, etc."; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Taft of Atkinson- House Bill No. 654. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Atkinson; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Adams of Wheeler- House Bill No. 655. A bill to be entitled an Act to provide for the holding of three terms of the Superior Court of Wheeler County; and for other purposes. Referred to the Committee on Special Judiciary. TUESDAY, MARCH 4, 1941 By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 656. A bill to be entitled an Act to authorize the Commiss:oners of Roads and Revenues in all counties having a population of not less than 57,000 and not more than 8o,ooo to adopt and enforce building and construction regulations; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 657. A bill to be entitled an Act to regulate the sale or distribution of fireworks in every county in the State with a populat:on of not less than 57,000 or more than 8o,ooo; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 658. A bill to be entitled an Act to combine the Department of Health of the City of Columbus w;th the Department of Health of Muscogee County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 659. A bill to be entitled.an Act to authorize the Commissioners of Roads and Revenues in all counties having a population of not less than 57,000 and not more than 8o,ooo, to contract for group insurance for the benefit of county officers and employees, to make payroll deductions toward the payment of the premiums on such insurance; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 66o. A bill to be entitled an Act to confer the right of eminent domain for the purpose of laying water mains and pipes <~nd sanitary sewer lines upon all counties having a population of not less than 57,000 and not more than 8o,ooo; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 661. A bill to be entitled an Act to empower all counties having a population of not less than 57,000 and not more than 8o,ooo to establish a pension system for county employees; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Elliott and Wohwender of Muscogee- House Bill No. 662. A bill to be entitled an Act to provide for the appointment by the Ordinaries to fill any vacancies in the office of County Surveyor caused by JOURNAL OF THE HOUSE, resignation, or any other cause in all counties having a population of not less than 57,000 and not more than So,ooo; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 663. A bill to be entitled an Act to empower all counties having a population of not less than 57,000 and not more than So,ooo to lay and install sanitary sewers and water mains and pipes in such counties and outside any municipality; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Smiley of Liberty- House Bill No. 664. A bill to be entitled an Act to describe, define and officially name a system of coordinates for designating the positions of points on the surface of the earth within Liberty County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Lovett of Laurens- House Bill No. 665. A bill to be entitled an Act to amend the Act entitled "Housing Authority Law", relating to the creation and defining the powers and duties of public bodies known as housing authorities to undertake slum clearance and projects to provide dwelling accommodations for persons of low income; and for other purposes. Referred to the Committee on State of Republic. Mr. Sabados of Dougherty County, Chairman of the Committee on Amendments to Constitution No. I, submitted the followmg report: Mr. Speaker: Your Committee on Amendments to Constitution No. I have had under con- sideration 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. 99-563A. Do pass. House Resolution No. 105-6I2A. Do pass. Respectfully submitted, Sabados of Dougherty, Chairman. Mr. Chastain 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: TUESDAY, MARCH 4, 1941 Senate Bill No. 124. Do pass, by substitute. Senate Bill No. 125. Do pass, as amended. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Chastain 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. 636. Do pass. House Bill No. 644. Do pass. House Bill No. 573 Do pass. House Bill No. 574 Do pass. House Bill No. 6o2. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Dunaway 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 b;lls of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendat;ons: House Bill No. 512. Do pass. House Bill No. 562. Do pass. House Bill No. 613. Do pass. House Bill No. 614. Do pass. House Bill No. 618. Do pass. House Bill No. 621. Do pass. House Bill No. 630. Do pass. House Bill No. 631. Do pass. House Bill No. 632. Do pass. House Bill No. 6JJ Do pass. JOURNAL OF THE HOUSE, House Bill No. 642. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Campbell of the 34th District- Senate Bill No. 124. A bill to be entitled an Act to provide for an additional and cumulative method of fixing salar:es or sole compensation for certain officers in certair. ::::;unties; and for other purposes. By Senator Campbell of the 34th District- Senate Bill No. 125. 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 Mr. Smitha of Carroll- House Bill No. 512. A bill to be entitled an Act to prohibit the officials of any City in this State from passing any ordinance changing the time in effect for said city; and for other purposes. By Mr. Mann of Whitfield- House Bill No. 562. A bill to be entitled an Act to amend the charter of the City of Dalton; and for other purposes. By Messrs. Grayson, McNall and Atkinson of Chatham- House Resolution No. 9g-563A. A resolution proposing a Constitutional Amendment to authorize Chatham County to levy school taxes; and for other purposes. By Mr. Gill of Bryan- House Bill No. 573 A bill to be entitled an Act to describe, define and officially name a system of coordinates for designating the positions of points on the surface of the earth within Bryan County; and for other purposes. By Mr. Gill of Bryan- House Bill No. 574 A bill to be entitled an Act to provide for zoning and planning laws in Bryan County; and for other purposes. By Mr. Moate of HancockHouse Bill No. 6o2. A bill to be entitled an Act to amend an Act known as "An Act to incorporate certain Churches and Camp-Grounds, and to appoint Trustees for the same"; and for other purposes. By Mr. Moate of HancockHouse Resolution No. 105-612A. A resolution proposing to the qualified voters . TUESDAY, MARCH 4, 1941 an amendment to the Constitution of Georgia so as to authorize the County of Hancock to refund bonde~ indebtedness; and for other purposes. By Messrs. Bloodworth, Weaver and Grice of Bibb- House Bill No. 613. A bill to be entitled an Act to authorize counties, municipal corporations, and political divisions of this State to appropriate money, and to lease, lend, sell or donate property and to lend credit to the State of Georgia, and/or United States for purposes of local, State, or National Defense; and for other purposes. By Messrs. Bloodworth, Weaver and Grice of Bibb- House Bill No. 614. A bill to be entitled an Act to amend Section 11-205 of the Code of Georgia of 1933, relat:ng to the uniform aeronautical code; and for other purposes. By Messrs. Candler, Turner and Dunaway of DeKalb- House Bill No. 618. A bill to be entitled an Act to amend an Act approved August 24, 1929, empowering the governing authorities :n Decatur, Georgia, to make regulations regarding zoning and planning laws by providing for appointment of a planning board; and for other purposes. By Mr. Strickland of Haralson- House Bill No. 621. A bill to be ent;tled an Act to amend the charter of the City of Bremen; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 630. A bill to be entitled an Act to amend the charter of the City of Columbus; and for other purposes. By Messrs. Elloitt and Wohlwender of Muscogee- House Bill No. 631. A bill to be entitled an Act granting express authority to the City of Columbus to erect and maintain a public passenger station between the two roadways on Broadway between 1Ith and 12th Streets; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 632. A bill to be entitled an Act authorizing the City of Columbus to incur expenses in the lighting, heating or maintenance of a passenger station in the center of Broad Street; and for other purposes. By Messrs. Elliott and Wohlwender of MuscogeeHouse Bill No. 633. A bill to be entitled an Act to regulate the salaries of steno- graphic reporters of the Superior Courts in all Judicia\ Circuits of this State in all counties having a population of not less than so,ooo or more than ss,ooo; and for other purposes. By Mr. Gill of BryanHouse Bill No. 636. A bill to be entitled an Act to create a Board of Commis- sioners of Roads and Revenues for the County of Bryan; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Smith and Smitha of Carroll- House Bill No. 642. A bill to be entitled an Act to amend an Act to create a new charter for the Town of Bowden; and for other purposes. By Mr. Gill of Bryan- House Bill No. 644. A bill to be entitled an Act to repeal "An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan"; and for other purposes. By unanimous consent, the following bills of the House and Senate were read the third time, and placed upon their passage: By Senator Franklin of the 38th District- Senate Bill No. I36. A bill to be entitled an Act to amend Sections 3 and I 8 of the Act creating a new charter for the City of Rockmart; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I3, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton- House Bill No. 442. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes. The following amendment to House Bill No. 442 was read and adopted: The Comm;ttee moves to amend House Bill No. 442, by striking all of Section 2 thereof, and renumbering Sections 3 and 4, so as to make the numbers of said Sections, Section 2 and Section 3 respectively. 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 I 14, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Atkinson, Grayson and MeNall of Chatham- House Bill No. 508. A bill to he entitled an Act to create a new municipality in Chatham County, to be known as Garden City; and for other purposes. The following amendment to House Bill No. 508 was read and adopted: The Committee moves to amend House Bill No. 508, Section XIX by adding the following immediately after the semi-colon following the word "thereof" in the fifth line and before the word "may": TUESDAY, MARCH 4, I94I "such tax, however, shall not apply to any company which pays to the town a franchise tax under the provisions of Sections 92-2307 and 92-2308 of the Code of Georgia of I9JJ; and" 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 Io9, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Weaver, Grice and Bloodworth of Bibb- House Bill No. 530. A bill to be entitled an Act to provide for and direct the conveyance of title to certain streets and alleys in the City of Macon; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I08, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Smitha and Smith of Carroll- House Bill No. 564. A bill to be entitled an Act to amend, revise, and provide a new charter under corporate name of "City of Villa Rica"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Ferguson and Suggs of SumterHouse Bill No. 578. A bill to be entitled an Act to amend an Act entitled "An Act to amend, revise and consolidate the several Acts granting corporate authority of the City of Americus"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I 2, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Allison and Roberts of GwinnettHouse Bill No. 58I. A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the Town of Duluth"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. JOURNAL OF THE HOUSE, On the passage of the bill, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Joiner of Cook- House Bill No. 585. A bill to be entitled an Act to amend an Act entitled "An Act to incorporate the City of Adel"; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Mcintosh of McintoshHouse Bill No. 588. A bill to be entitled an Act to amend an Act to provide a new charter for the City of Darien; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Barlow and Barber of Colquitt- House Bill No. 590. A bill to be entitled an Act to amend an Act to create and incorporate the Town of Riverside; and for other purposes. The report 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 o. The bill having received the requisite constitutional major;ty was passed, By Mr. Vickers of CoffeeHouse Bill No. 603. A bill to be entitled an Act to amend an Act ent.tled, "An act to create a new charter for the City of Douglas," and for other purposes. The following amendment to House Bill No. 6o3 was read and adopted: Mr. Vickers of Coffee- Moves to amend House Bill No. 6o3 by striking from Section 5 on page two, the Figures 827 and inserting in lieu thereof the Figures 872. 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 II6, the nays o. The bill having received the requisite constitutional majority was passed, as amended. TUESDAY, MARCH 4, I94I By Mr. Vickers of Coffee- House Bill No. 604. A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the Ct ty of Douglas"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I 5, the nays o. The bill hav:ng rece"ved the requisite constitutional major;ty was passed. By Mr. Mcintosh of Mcintosh- House Bill No. 6o9. A bill to be entitled an Act authorizing the City of Darien to close parts of streets within said cty, abandon the same as streets, and to sell and dispose of said part so closed by public or private sale; and for other purposes. The report of the committee, which was favorable to the passage of the b!ll, was agreed to. On the passage of the bill, the ayes were I IO, the nays o. The bill having receved the requisite constitutional majority was passed. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senator Fortson of the 5oth District- . Senate Resolution No. I7. A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment limiting the pardoning power of the Governor by providing that the Solicitor General and the Judge of the Court in which the defendant was convicted must recommend the pardon before same can be granted; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Senators Campbell of the 34th District and Edwards of the 6th District- Senate Bill No. 66. A bill to be entitled an Act governing and regulating the use of public roads and highways according to recommendations of the Highway Transportation Committee of the American Association of the State Highway Officials and the U.S. Bureau of Public Roads; and for other purposes. Referred to the Committee on Public Highways No. I. By Senator Gross of the 2oth DistrictSenate Bill No. 93 A bill to be entitled an Act establishing the City Court of Sandersville; and for other purposes. Referred to the Committee on Special Judiciary. By Senator Drake of the 8th District- Senate Bill No. 95 A bill to be entitled an Act to abolish the fee system now JOURNAL OF THE HOUSE, existing in the Superior Courts of the Pataula Judicial Circuit, as applied to the office of Official Court Reporter; and for other purposes. Referred to the Committee on Special Judiciary. By Senators Houston of the 51st District and Milhollin of the 46th District- Senate Bill No. 97 A bill to be entitled an Act to provide for a recount of the ballots in all primary elections hereafter held in the State of Georgia for the nomination of candidates for members of the General Assembly, Governor, Statehouse officers, and all other State, county and national officers elected by the people; and for other purposes. Referred to the Committee on State of Republic. By Senator Gross of the 2oth Distnct- Senate Resolution No. 41-140B. A resolution proposing to the qualified voters of Georgia an amendment to authorize Davisboro School District to incur bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No. I. By Senator Edenfield of the 4th District- Senate Bill No. 143. A bill to be entitled an Act to amend an Act granting a charter to the City of Kingsland; and for other purposes. Referred to the Committee on Municipal Government. By Senator Edenfield of the 4th District- Senate Bill No. 144 A bill to be entitled an Act to amend an Act granting the City of Kingsland a charter; to provide for planning and zoning laws; and for other purposes. Referred to the Committee on Municipal Government. The following report of the Committee on Rules was read: REPORT OF COMMITTEE ON RULES Mr. S?eaker: Your C0mmittee on Rules having had under consideration the fixing of a calendar for Tuesday, March 4, 1941, submits the follow,ng report: Your Committee recommends that the following be established as a special and continu~ng order of business: 1. House Bill No. 41 granting the right of eminent domain to pipe lines. 2. House Bill No. 42 granting to pipe lines the right to traverse public property. 3 House Bill No. 37 amending the law in regard to year's support. 4 House Bill No. 73 tc suspend certain taxes in bureau of unemployment. TUESDAY, MARCH 4, 1941 5 House Bill No. 296 providing for a home guard. 6. House Bill No. 302 extending the law with reference to incorporation of banks in certain towns. ;. House Bill No. 310 to establish hospital authority. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. The following message was received from the Senate through Mr. Camp, 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 Couch of the pnd District- Senate Bill No. 86. A bill to amend the charter of the City of Atlanta by adding to said charter an additional provision with reference to the revenue to be paid by the said city for school purposes; and for other purpose~. By Senator Dobbs of the 22nd District- Senate Bill No. 107. A bill to amend an Act so as to further provide the method of obtaining leave to sell property set apart as a year's support and in which minor children have an _nterest; and for other purposes. By Senator Franklin of the J8th District- Senate Bill No. I 11. A bill to amend Section 88-JOI of the Code which provides how the so-called Ellis Health Law may be made operative n any county; and for other purposes. By Senator Guyton of the Ist Distnct- Senate Bill No. 154 A bill to incorporate the City of Springfield and to grant a charter to the said city: and for other purposes. By Senator Couch of the pnd District- Senate Bill No. 160. A bill to amend the Act establishing a new charter for the City of Atlanta, to abo!"sh the office of Director of Relief; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. 161. A bill to repeal the Act permitting the sale of tax executions in blocks at a discount by counties of over 2oo,ooo population and by municipalities; and for other purposes. By Senator Couch of the pnd District- Senate Bill No. 162. A bill to amend an Act to authorize the Clerk of the Superior JOURNAL OF THE HOUSE, Court or other proper officer in counties having a population of over 2oo,ooo, to install photostatic equipment; and for other purposes. By Senator Franklin of the 38th District- Senate Bill No. 171. A bill to amend an Act creat;ng a new charter for the Cty of Rockmart, so as to enlarge the corporate limits of said city; and for other purposes. By Mr. Gowen of Glynn- House Bill No. 414. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County; and for other purposes. By Mr. Gross of Stephens- House Bill No. 447 A bill to amend an Act incorporating the City of Toccoa; and for other purposes. By Mr. Wells of Clayton- House Bill No. 457 A bill to amend an Act incorporating the Town of Riverdale, to prescribe its limits; and for other purposes. By Messrs. Sabados and Weth~rbee of Dougherty- House Bill No. 524 A bill to create a Board of Commissioners of Roads and Revenues for the County of Dougherty; and for other purposes. The following message was rece1ved from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has disagreed to the House substitute for the following bill of the Senate, to-wit: By Senator Drake of the 8th District- Senate Bill No. 70. A bill to repeal an Act to amend an Act to amend, consolidate, and supersede the several Acts incorporating the City of Colquitt; and for other purposes. Under the order of business established by the Committee on Rules, consideration of the following bill of the House was resumed: By Messrs. Chastain ofThomas and Curry of Randolph- House Bill No. 41. A bill to be entitled an Act to grant persons or corporations constructing, running or operating pipe lines for the transportation of petroleum products the right of eminent domain; and for other purposes. By unanimous consent, the House recessed for one hour. 1 :30 o'clock P. M. The Speaker called the House to order. TUESDAY, MARCH 4, 1941 The following resolution of the House was read and referred to the Committee on Penitentiary: By Messrs. Allison of Gwinnett, Willoughby of Clinch and Sheppard of Heard- House Resolution No. II2- A RESOLUTION WHEREAS, it came to the knowledge of certain members of the House of Representatives when visiting the Tattnall prison at Reidsville, Georgia, on March 1st, 1941, that colored inmate thereof by the name of Henry Woodard had been transferred on or about March 1st, 1941, from a public works camp in or near Covington, in Newton County, for medical treatment in the hospital in said Tattnall prison, and WHEREAS, said certain members of the House of Representatives found said Henry Woodard, colored, confined in bed in said prison hospital in the pitiful condition of having his feet frozen to such an extent that the prison physician informed said members of the House that one foot would have to be completely amputated and part of the toes of the other removed; and, WHEREAS, said members of the Legislature were further informed by said prisoner that he, for some minor charge of disobedience, of which he contended he was innocent, was ordered by the warden of said camp, Mr. Joe Walton, placed in the place of punishment called the "Dog House" or "Hole" on Monday morning, the early part of January, 1941; and kept there without heat or sufficient clothing to keep warm, and only bread and water for food, until the following Saturday night, WHEREAS, information, from other sources than the prisoner, as well as the circumstances connected therewith, are, in the name of justice and decency, sufficient to demand that an investigation be made as to this matter and that if found to be true, the warden responsible should be removed, if such has not already been done, from the office or position he holds, and that he be immediately brought into a court of proper jurisdiction to answer for this cruel offense, THEREFORE, be it resolved by the House of Representatives that a committee composed of five members of the House be appointed by the Speaker to investigate the truthfulness of these charges, with the direction to report their findings to the House within 10 days from date. Further consideration of the following bill of the House was resumed: By Messrs. Chastain of Thomas and Curry of Randolph- House Bill No. 41. A bill to be entitled an Act to grant persons or corporations constructing, running or operating pipe lines for the transportation of petroleum products the right of eminent domain; and for other purposes. Mr. Brinson of Chatooga moved that the House do now adjourn, and the motion was lost. Mr. Wetherbee of Dougherty asked unanimous consent that further debate on House Bill No. 41 be limited to thirty minutes, and objection was heard. JOURNAL OF THE HOUSE, Mr. Elliott of Muscogee asked unanimous consent that the House consider the previous question on House Bill No. 41 tomorrow at 12:00 o'clock noon, and objection was heard. Mr. Atkinson of Chatham moved that the House do now adjourn, and the motion prevailed. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock, and House Bill No. 41 went over until that time under the order of unfinished business. WEDNESDAY, MARCH 5, 1941 Representative Hall, Atlanta, Georgia, Wednesday, March 5, 1941. The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by Rev. 0. P. Gilbert, Editor of the Christian Index. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Dunaway Dunn Dupree Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fuller Gaston Gavin Gill Gillis Goddard Gowen Graham Gray Grayson Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Join~r Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund 656 JOURNAL OF THE HOUSE, Mavity McClure McCracken Mcintosh McEntire Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Rowland Russell Sabados Shannon Sheppard Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably rf!!ported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 Third reading and passage of general bills having local application. 6. First reading and reference of Senate Bills. By unanimous consent, the following bills and resolutions were intro4uced, read the first time and referred to the committees: (By unanimous consent) WEDNESDAY, MARCH 5, 1941 By Messrs. Atkinson of Chatham, Grice of Bibb- House Bill No. 666. A bill to be entitled an Act to appropriate the sum of $I 2,500 to the Department of Archives and History for the purpose of completing the publication of the colonial records of Georgia known as the Candler Collection; and for other purposes. Referred to the Committee on Appropriations. By Mr. Bennett of Jeff Davis- House Bill No. 667. A bill to be entitled an Act to authorize the Excelsior Consolidated School District of Jeff Davis County to incur a bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Messrs. Pickett of Pickens, and Yawn of Dodge- House Bill No. 668. A bill to be entitled an Act to regulate strikes, slow downs and stoppages of work; to prohibit strikes, except after certain written notices; to prohibit the calling of strikes by labor organizations having minority representation; and for other purposes. Referred to the Committee on State of Republic. By Mr. Bennett of Jeff Davis- Hollse Bill No. 669. A bill to be entitled an Act to provide for the disposition of all funds, records, papers and accounts that may have been kept regarding said Depository of Jeff Davis County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Pickett of Pickens, andYawn of Dodge- House Bill No. 670. A bill to be entitled an Act to define labor organizations and locals; to provide for the incorporation of certain locals; to provide for the filing and keeping of certain records; and for other purposes. Referred to the Committee on State of Republic. By Messrs. Hand and Brooks of Mitchell- House Bill No. 671. A bill to be entitled an Act to provide for the destruction of unsold bonds issued by counties, municipal corporations or political subdivisions of this State; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Kennedy ofTattnall- House Bill No. 672. A bill to be entitled an Act to authorize the Governor to purchase certain property in Tattnall County; and for other purposes. Referred to the Committee on State Prison Farms. JOURNAL OF THE HOUSE, By Mr. Richardson of Hart- House Resolution No. II3-672A. A resolution to authorize the State Librarian to furnish certain law books to Hart CoJJnty; and for other purposes. Referred to the Committee on Public Library. By Mr. Musgrove of BakerHouse Bill No. 673. A bill to be entitled an Act requiring Depot accommoda- tions on all bus lines operating in and through Georgia; and for other purposes. Referred to the Committee on Motor Vehicles. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 674. A bill to be entitled an Act to amend the Act providing for pensions for County Employees of Fulton County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Warnock of Montgomery- House Bill No. 675. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Montgomery; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Warnock of Montgomery- House Bill No. 676. A bill to be entitled an Act to repeal the Act creating a new board of Commissioners of Roads and Revenues for the County of Montgomery; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Hogg of MarionHouse Bill No. 677. A bill to be entitled an Act to amend an Act to change from the fee to the salary system in certain counties the Clerk of the Superior Court, the Sheriff and the Ordinary, etc.; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Smith and Smitha of CarrollHouse Bill No. 678. A bill to be entitled an Act to authorize the town of Bow- den to enact zoning ordinances; and for other purposes. Referred to the Committee on Municipal Government. Mr. Sabados of Dougherty County, Chairman of the Committee on Amendments to Constitution No. I, submitted the following report: Mr. Speaker: Your Committee on Amendments to Constitution No. I have had under con- WEDNESDAY, MARCH 5, I94I sideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: Senate Bill No. 96. Do pass. House Bill No. 533 Do pass. House Bill No. 561. Do pass. House Bill No. 640. Do pass. House Bill No. 5I7. Do pass. House Bill No. p8. Do pass. House Bill No. 534 Do pass. Respectfully submitted, Sabados of Dougherty, Chairman. Mr. Chastian 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. 30. Do pass, as amended. House Bill No. 44I. Do pass, as amended. House Bill No. 408. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Hatchett of Meriwether County, Chairman of the Committee on Education No. I, submitted the following report: Mr. Speaker: Your Committee on Education No. I have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: Senate Bill No. 87. Do pass. Senate Bill No. IOI. Do pass. Senate Bill No. I02. Do pass. House Bill No. 620. Do pass. 66o JOURNAL OF THE HOUSE, Senate Bill No. 105. Do not pass. House Bill No. 550. Do not pass. House Bill No. 582. Do not pass. Respectfully submitted, Hatchett of Meriwether, Chairman. Mr. Barlow of Colquitt County, Chairman of the Committee on General Agriculture No. I, submitted the following report: Mr. Speaker: Your Committee on General Agriculture No. I 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. 102-592A. Do pass. Respectfully submitted, Barlow of Colquitt, Chairman. Mr. Dunaway 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 Senate and House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: Senate Bill No. 143 Do pass. Senate Bill No. 144 Do pass. House Bill No. 65o. Do pass. House Bill No. 651. Do pass. House Bill No. 625. Do pass. House Bill No. 627. Do pass. House Bill No. 629. Do pass. House Bill No. 645. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Couch of the 52nd DistrictSenate Bill No. JO. A bill to be entitled an Act to transfer to the County Tax WEDNESDAY, MARCH 5, I94I 66I Collector, duties now imposed upon County Registrars in counties having a population of 200,000 or more; and for other purposes. By Senator Hill of the 36th District- Senate Bill No. 87. A bill to be entitled an Act to amend Section 4 of an Act approved February 10, I9J7, creating the State Board of Education, defining its powers, duties, etc.; and for other purposes. By Senator Adams of the Jist District- Senate Bill No. 96. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the Sandy Cross Consolidated School District to incur a bonded indebtedness; and for other purposses. By Senator Drake of the 8th District- Senate Bill No. IOI. A bill to be entitled an Act to amend Section 32-22os of the Code relating to the employment of agricultural teachers and home economics teachers; and for other purposes. By Senator Drake of the 8th District- Senate Bill No. I02. A bill to be entitled an Act to amend Section 32-944 of the Code of Georgia of I9J3 authorizing tax levying authorities and county boards of education to levy taxes for extension work in agriculture and home economics; and for other purposes. By Senator Edenfield of the 4th District- Senate Bill No. I4J A bill to be entitled an Act to amend an Act granting a Charter to the City of Kingsland; and for other purposes. By Senator Edenfield of the 4th District- Senate Bill No. I44. A bill to be entitled an Act to amend an Act granting the City of Kingsland a Charter; to grant the governing authorities of the City authority to pass zoning and planning laws; and for other purposes. By Messrs. Smith and Smitha of Carroll- House Bill No. 408. A bill to be entitled an Act to establish a Hospital and Health Board for Carroll County; and for other purposes. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of FultonHouse Bill No. 44I. A bill to be entitled an Act to amend the Pension System for Fulton County Police to provide a pension for J. W. Ball, Sr.; and for other pur- poses. By Mr. Foster of PauldingHouse Bill No. 5I7. 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 authorizing Paulding County to issue Funding Bonds; and for other purposes. 662 JOURNAL OF THE HOUSE, By Mr. Kaigler of Quitman- House Bill No. 528. 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 Quitman County to issue Funding Bonds; and for other purposes. By Mr. Fuller of Toombs- Hause Bill No. 533 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 City of Vidalia to incur a bonded indebtedness; and for other purposes. By Mr. Mims of Miller- House Bill No. 534 A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia so as to authorize Miller County to issue Funding Bonds; and for other purposes. By Mr. Fuller of Toombs- Hause Bill No. 561. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia so as to authorize the Johnson Corner School District of Toombs County to incur a bonded indebtedness; and for other purposes. By Mr. Brooks of Mitchell- House Resolution No. I02-592A. A resolution requesting the House of Representatives through its speaker to appoint not less than three or more than five members of the House to take such steps as are necessary to ascertain what was accomplished in view of the Reciprocal Trade agreements between Florida and Georgia, with reference to enacting such laws as would tend to harmonize commerce between the two states with reference to interstate traffic in eggs, fish and other items and articles; and for other purposes. By Mr. Taft of Atkinson- House Bill No. 62o. A bill to be entitled an Act to amend Section 32-I004 of the Code of Georgia of I933 prescribing the qualifications and duties of County Superintendents of Schools; and for other purposes. By Messrs. Mankin, Etheridge, and Kendrick of Fulton- House Bill No. 625. A bill to be entitled an Act creating a Highway Authority for any county or counties in which may be situated a city having a population of more than Joo,ooo; and for other purposes. By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton- House Bill No. 627. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta to amend the Pension Act of I910; and for other purposes. WEDNESDAY, MARCH 5, 1941 By Messrs. Elliott arid Wohlwender of Muscogee- House Bill No. 629. A bill to be entitled an Act to amend the Charter of the City of Columbus for the purpose of authorizing the Board of Managers of the City Hospital to sell and transfer, and to invest and reinvest the proceeds of any bonds, and other securities in control of said Board; and for other purposes. By Mr. Bennett of Jeff Davis- House Bill No. 640. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia so as to authorize Jeff Davis County to issue sufficient Funding Bonds; and for other purposes. By Mr. Heard of Elbert- House Bill No. 645. A bill to be entitled an Act to amend an Act incorporating the City of Elberton; and for other purposes. By Mr. Dyal of Appling- House Bill No. 650. A bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the City of Baxley"; and for other purposes. By Mr. Davis of Coweta- House Bill No. 651. A bill to be entitled an Act to amend an Act to create a new Charter for the City of Newnan; and for other purposes. By unanimous consent, the following bill of the House was again taken up for consideration. By Messrs. Clements of Calhoun and Gavin of Clay- House Bill No. 203. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the state aid system of roads; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 108, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following bill of the Senate was withdrawn from the committee on Public Highways No. I and recommitted to the Committee on Motor Vehicles: By Senators Campbell of the 34th and Edwards of the 6th Districts- Senate Bill No. 66. A bill to be entitled an Act governing and regulating the use of public roads and highways according to recommendations of the Highway Transportations Committee of the American Association of the State Highway Officials and the U. S. Bureau of Public Roads; and for other purposes. By unanimous consent, the following bills of the House were read the third time, and placed upon their passage: JOURNAL OF THE HOUSE, By Messrs. Atkinson, Gtayson, and McNall of Chatham- House Bill No. 495 A bill to be entitled an Act to provide for the date of holding four terms of the Superior Court of Chatham County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs McNall, Grayson, and Atkinson of Chatham- House Bill No. 507. A bill to be entitled an Act to amend the Highway Mileage Act so as to place Montgomery Street exten~ion in Chatham County on State Road System; and for other purposes. The repo::t of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I ro, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Mann of Whitfield- House Bill No. 510. A bi!l to be entitled an Act to change the method of compensating the ordinary in all counties in the State having a population of not less than 26,104 nor more than 26,ro6 inhabitants; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Grayson, Atkinson, and McNall of Chatham- House Bill No. 556. A bill to be entitled an Act to amend the Acts incorporating the town of Savannah Beach, formerly known as the Town of Tybee; and for other purposes. The following amendment to House B,ill No. 556 was rea.d and adopted: Messrs. Atkinson, Grayson and McNall of Chatham move to amend House Bill No. 556 by adding the following sections before the repealing clause, to-wit: Section 2. 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, approved August 19, 1922, entitled "An Act to amend, revise and consolidate the several acts granting corporate authority to the Town of Tybee; to convey additional power on the Mayor and Councilmen of the Town of Tybee; to define the corporate limits of said Town: and for other purposes" be and the same is hereby amended bv striking from said Act Section 3 thereof and inserting in lien thereof the following: WEDNESDAY, MARCH 5, 1941 66 5 "Section 3 Be it further enacted that the present Mayor and Councilmen elected on the first Monday in April, 1922, shall hold office until their successors are elected and qualified and that an election of a Mayor and six (6) Councilmen shall be held on the first Monday in April, 1924, and every two (2) years thereafter on the same day and hours of voting thereat shall be between seven (7) A. M. in the forenoon and six (6) P. M. in the afternoon. The Mayor and Councilmen shall hold their respective offices until their successors have been duly elected and qualified." Section 3 Be it further enacted that the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, shall have the right to buy, sell and/or exchange any part of the Public Domain which will include public streets and the Strand which are not considered necessary or convenient for public use and when same is to the best advantage and interest of the Mavor and Councilmen, but shall not close, exchange or sell any public stree:: which has been opened to the public by the municipality and used by the public, except after approval by a majority vote of all the qualified voters of said muncipality. Section 4 Be it further enacted that the Mayor and Councilmen of the Town of Savannah Beach, Tybee lsand, shall have power to levy, impose and collect a special tax in a sum not to exceed one quarter of one per cent on the total value of the assessments on the books of said Municipality as of January 1st, 1941, for the purpose of maintaining the sea wall and groins, for beach erosion, for street paving and for sanitary purposes including collections and disposal of garbage; and that in all cases where it shall be necessary to levy a special additional tax for any one or more of the afore-mentioned purposes, the levy and assessment of the same for each shall be separately made and collected and all amounts so collected shall be applied exclusively to the said expenses for which said tax is levied and collected. Section 5 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, as amended. On the passage of the bill, as amended, the ayes were 103, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Mr. Mann of Whitfield- House Bill No. 562. A bill to be entitled an Act to amend the Charter of the City of Dalton; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 115, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gill of Bryan- House Bill No. 573 A bill to be entitled an Act to describe, define and officially 666 JOURNAL OF THE HOUSE, name a system of coordinates for designating the positions of points on the surface of the earth within Bryan County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gill of Bryan- House Bill No. 574 A bill to be entitled an Act to authorize the County of Bryan to pass Planning and Zoning Laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I4, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Moate of Hancock- House Bill No. 6o2. A bill to be entitled an Act to amend an Act known as "An Act to incorporate certain Churches and Camp-Grounds, and to appoint trustees for the same"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I IJ, the nays o. The bill having received the requisite constitutional m:ijority was passed. By Messrs. Candler, Turner, and Dunaway of DeKalb- House Bill No. 6I8. A bill to be entitled an Act to amend an Act approved August 24, I929 empowering the governing authorities in Decatur, Georgia to make regulations regarding zoning and planning laws by providing for appointment of a Planning Board; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Strickland of Haralson- House Bill No. 621. A bill to be entitled an Act to amend the Charter of the City of Bremen; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, MARCH 5, r94I On the passage of the bill, the ayes were I I 2, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, House Bill No. 62I was ordered immediately transmitted to Senate. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 630. A bill to be entitled an Act to amend the Charter of the City of Columbus; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I I, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 63 r. A bill to be entitled an Act granting express authority to the City of Columbus to erect and maintain a public passenger station between the two roadways on Broadway between I I th and I 2th 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 rIo, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 632. A bill to be entitled an Act authorizing the City of Columbus to incur expenses in the lighting, heating or maintenance of a passenger station .n the center of Broad Street; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I09, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gill of Bryan- House Bill No. 636. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were ro6, the nays o. The bill having received the requisite constitutional majority was passed. 668 JOURNAL OF THE HOUSE, By Messrs. Smith and Smitha of Carroll- House Bill No. 642. A bill to be entitled an Act to amend an Act to create a new Charter for 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 108, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gill of Bryan- House Bill No. 644. A bill to be entitled an Act to repeal "An Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. 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 Couch of the 52nd District- Senate Bill No. 86. A bill to be entitled an Ac~ "'.tmend the Charter of the City of Atlanta by adding a provision with reference to the revenue to be pair! by the said city for sch<:ol purposes; and for other purposes. Referred to the Committee on Municipal Government. By Senator Dobbs of the 22nd District- Senate Bill No. 107. A bill to be entitled an Act to amend an Act approved March I 2, 1937, so as to further provide the method of obtaining leave to sell property set apart as a year's support and in which minor children have an interest; and for other purposes. Referred to the Committee on General Judiciary No. 2. By Senator Franklin of the 38th DistrictSenate Bill No. I I 1. A bill to be entitled an Act to amend Section 88-JOI of the Code of Georgia of 1933 which provides how the so-called Ellis Health Law as embodied in Charter 88-3 of said Code may be operative in any county; and for other purposes. Referred to the Committee on Hygiene and San.itation. By Senator Guyton of the Ist DistrictSenate Bill No. I 54 A bill to be entitled an Act to amend an Act to create and WEDNESDAY, MARCH 5, 1941 incorporate the City of Springfield; and for other purposes. Referred to the Committee on Municipal Government. By Senator Couch of the 52nd District- Senate Bill No. 162. A bill to be entitled an Act to amend an Act to authorize the Clerk of the Superior Court or other proper officer in counties of this State having a population of two hundred thousand or more to install photostatic equipment or other photographic equipment for the purpose of recording chattel mortgages or other personal property contracts; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Couch of the pnd District- Senate Bill No. 160. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta, to abolish the office of the director of relief; and for other purposes. Referred to the Committee on Municipal Government. By Senator Couch of the 52nd District- Senate Bill No. 161. A bill to be entitled an Act to repeal the Act approved March 10, 1937, permitting the sale of tax executions in blocks at a discount by counties of over 200,000 popula-tion and by municipalities therein; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Franklin of the 38th District- Senate Bill No. 171. A bill to be entitled an Act to amend an Act creatmg a new Charter for the City of Rockmart, so as to enlarge and extend the corporate limits of the City of Rockmart; and for other purposes. Referred to the Committee on Municipal Government. The following resolution was read and referred to the Committee on Rules: By Messrs. Yawn and Jones of DodgeA resolution placing House Bill No. 587 on the calendar. Mr. Grayson of Chatham arose to a question of personal privilege and addressed the House. Mr. Elliott of Muscogee arose to a question of personal privilege and addressed the House. The following resolution of the House was read and adopted: By Messrs. Price of Clarke, Bradbury of Oconee, Moate of Hancock and Looper of Dawson- House Resolution No. 114. A resolution extending the appreciation of the JOURNAL OF THE HOUSE, House to Director Walker of the Motor Vehicle Unit for furnishing tags with "State Legislator" thereon. The following report of the Committee on Rules was read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your Committee on Rules having h<~d under consideration the fixing of a calendar for Wednesday, March 5, 1941, submits the following report: Your Committee recommends that the following bills be set as a special and continuing order of business: 1. House Bill No. 41 granting the right of eminent domain to pipe lines. 2. House Bill No. 42 granting to pipe lines the right to traverse public property. 3 House Bill No. 37 amending the law in regard to year's support. 4 House Bill No. 73 to suspend certain taxes in bureau of unemployment. 5 House Bill No. 296 providing for a home guard. 6. House Bill No. 302 extending the law with reference to incorporation of banks in certain towns. 7 House Bill No. 310 to establish hospital authority. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. The following message was received from the Senate through Mr. Camp, 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 Couch of the 52nd DistrictSenate Bill No. 132. A bill to amend the Act establishing a new Charter for the City of Atlanta; and for other purposes. By Senator Whaley of the 45th DistrictSenate Bill No. 164. A bill to amend the Act incorporating the City of Helena and prescribing the powers, duties and authority of its officers; and for other purposes. By Senator Couch of the 52nd DistrictSenate Bill No. 167. A bill to amend the Act establishing a new Charter for the City of Atlanta; and for other purposes. WEDNESDAY, MARCH 5, I94I By Mr. McCracken of JeffersonHouse Bill No. I82. A bill to authorize School District No. I in Jefferson County to incur a bonded indebtedness; and for other purposes. By Messrs. Welsch and Dorsey of CobbHouse Bill No. 75 A bill to amend Section 24-2704 of the Code, so as to pro- vide for a definition of the word "vacancy" as applicable to Chapters 24-27 and 24-28 of the Code; and for other purposes. By Mr. Whipple of Bleckley- House Bill No. I 50. A bill to propose an amendment to the Constitution, so as to authorize the City of Cochran to incur bonded indebtedness; and for other purposes. By Mr. McClure of Catoosa- House Bill No. 370. A bill to "propose an amendment to Article 7, Section 7, Paragraph I, of the Constitution, so as to authorize Catoosa County to have additional bonded indebtedness; and for other purposes. By Mr. Brinson of ChattoogaHouse Bill No. 434 A bill to establish the City Court of Chattooga County; and for other purposes. Under the order of business established by the Committee on Rules, consideration of the following bill of the House was resumed: By Messrs. Chastain of Thomas and Curry of Randolph- House Bill No. 41. A bill to be entitled an Act to grant persons or corporations constructing, running or operating pipe lines for the transportation of petroleum products the right of eminent domain; and for other purposes. Mr. Grayson of Chatham moved the previous question, and the call was sustained. The main question was ordered. An amendment by Mr. Simmons of Decatur was read and lost. An amendment by Mr. Johnson of Pike was read and indefinitely postponed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, Mr. Elliott of Muscogee moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs.: Aiken Anderson Ansley Barlow Bentley Blease Boone Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Chastain Curry Daves Davis Dean Dorsey Drake Dunn Dupree Easler Elliott Ennis, J. H. Etheridge Ford Forrester Foster of Towns Gavin Goddard Graham Gray Gross Hand Harrison Hicks Hooks Horne Inglis Ingram Joiner Kea of Laurens Kelley Kennedy Key of Jasper Looper Mann Mason Mavity McEntire Mims Moate Those voting in the negative were Messrs.: Adams Allison Anglin Arnall Atkinson Aultman Bates Bennett Blackshear Bloodworth Bowen Brinson Campbell Candler Clements Connell Cowart Culpepper Dallis Dalton Deal Dunaway Edwards Ennis, Marion Ferguson of Camden Ferguson of Sumter Foster of Paulding Fuller Gaston Gill Gillis Gowen Moore of Lumpkin Moore of Taliaferro Musgrove Pettit Phillips Pickett Pilcher Pittman Price Rich Richardson Rogers Rowland Russell Sheppard Smiley Smith of Carroll Smith of Schley Tappan Turner Wells of Clayton Whipple Wilbanks Williams of Jackson Woods Wright Yawn Grayson Grice Griffin Guerry Hagan Harden Hardman Hardy Harris Hartness Hatchett Heard Herrin Hogg Holtzendorf Howard WEDNESDAY, MARCH 5, 1941 67J Hunnicutt Mcintosh Jackson Mixon Johnson of Chattahoochee Moss Johnson of Pike Pannell Jones of Brantley Parker Jones of Dodge Pinkston Jones of Richmond Rees Jones of Worth Reiser Kaigler Roberts of Gwinnett Kendrick Roberts of Walton Lester Rossee Lewis Sabados Livingston Shannon Lovett Simmons Maddox Smith of Barrow Mankin Smith of _Hall Martin Smith of Washington Maund Smitha McClure Southwell McCracken Strickland Suggs Swin~ Taft Thigpen Thompson Walker Warnock Weaver Wells of Burke Wells of Telfair Welsch Wetherbee Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wohlwender Wren Those not voting were Messrs.: Barber Drinkard Dyal Fowler Goolsby Greene Hart Maxwell McNall Miller Mills Roughton Sills Vickers On the passage of the bill, the ayes were 8J, the nays 107. The bill having failed to receive the requisite constitutional majority was lost. J\1r. Elliott of Muscogee gave notice that at the proper time, he would move that the House reconsider its action in failing to pass House Bill No. 41. Mr. Heard of Elbert moved that the House do now adjourn, and the motion prevailed. Leave of absence was granted Mr. Vickets of Coffee. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock. JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Thursday, March 6, 1941. 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 Rev. Searcy S. Garrison of Norman Park, Georgia. The roll was called and the following members answered to their names: Aiken Dorsey Hicks Allison Drake Hogg Anderson Dunaway Holtzendorf Anglin Dunn Hooks Ansley Dupree Horne Arnall Dyal Howard Atkinson Aultman Barber Barlow Bates Easler Edwards Elliott Ennis, J. H. Ennis,, Marion HunniCutt Inglis Ingram Jackson Johnson of Chattahoochee Bennett Etheridge Johnson of Pike Bentley Ferguson of Camden Joiner Blackshear Ferguson of Sumter Jones of Brantley Blease Ford Jones of Richmond Bloodworth Bowen Forrester Foster of Paulding Jones of Worth Kaigler Boone Bradbury Branch Bridges Foster of Towns Fowler Fuller Gaston Kea of Laurens Kelley Kennedy Key of Jasper Brinson Brooks of Mitchell Gavin Gill Lester Lewis Brooks of Oglethorpe Bynum Goddard Gowen Livingston Looper Caldwell Callaway Campbell Candler Graham Grayson Grice Griffin Lovett Maddox Mankin Mann Chastain Clements Connell Gross Guerry Hand Martin Mason Mavity Cowart Harden McClure Culpepper Hardman McCracken Curry Hardy Mcintosh Dalton Harris McEntire Daves Harrison Miller Davis Deal Dean Hatchett Heard Herrin Mims Mixon Moate THURSDAY, MARCH 6, 1941 675 Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Reiser Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Sheppard Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been re.-d 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: I. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Seond reading of bills and resolutions, favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 Third reading and passage of general bills having local application. 6. First reading and reference of Senate Bills. By unanimous consent, the following bills were introduced, read the first time and referred to the committees: By Mr. Richardson of Hart- House Bill No. 679. A hill to be entitled an Act to provide additional compensation for the official stenographic reporter of Superior Courts of judicial circuits having population of not more than 76,6ro and not less than 76,6oo; and for other purposes. Referred to the Committee on Special Judiciary. JOURNAL OF THE HOUSE, By Mr. Fuller of Toombs- House Bill No. 68o. A bill to be entitled an Act to create and incorporate the City of Santa Clause in the County of Toombs; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Fuller of Toombs- House Bill No. 681. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue for the County of Toombs; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Dunaway, Candler, and Turner of DeKalb, Bennett of Jeff Davis and Rossee of Putnam- House Bill No. 682. A bill to be entitled an Act to create a milk control board of the State of Georgia; to define milk, and all persons, firms or corporations engaged in the sale of milk or milk products to regulate the distribution and sale of milk; and for other purposes. Referred to the Committee on General Agriculture No. 1. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 683. A bill to be entitled an Act to create a Civil Service System in Fulton County, so as to provide for the appointment, removal and compensation of a Civil Service Board; to provide for classified and unclassified service for the employees of Fulton County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Brooks of Mitchell- House Bill No. 684. A bill to be entitled an Act to amend an Act entitled "An Act to amend Section 85-1803 of the Code of 1933 concerning the assignment of choses in action arising upon contract"; and for other purposes. Referred to the Committee on General Judiciary No. 1. By Messrs. Evans of McDuffie, Blease of Brooks, Culpepper of Fayette, Lovett of Laurens, and Elliott of Muscogee- House Bill No. 685. A bill to be entitled an Act proposing to the qualified voters of the State of Georgia an amendment providing for the publication of Constitutional amendments in only one newspaper in each congressional district. and in case of more than one amendment, same to be published in the various newspapers in each congressional district; and for other purposes. Referred to the Committee on Amendments to Constitution No. I. By Messrs. Bates of Ware, Deal of Bulloch, Daves of Dooly, Walker of Grady, Smitha of Carroll, and Taft of Atkinson- THURSDAY, MARCH 6, 1941 House Bill No. 686. A bill to be entitled an Act to encourage physicians to practice medicine in small towns and rural communities which need them; to create scholarships to be given students at the University of Georgia School of Medicine upon the condition that they live and practice fot four years in such communities; and for other purposes. Referred to the Committee on University System of Georgia. By Mr. Brooks of Oglethorpe- House Bill No. 687. A bill to be entitled an Act to amend Section 45-505 of the Code of Georgia of 1933 relating to methods of taking fish in this State, making it legal to take fish with seines or nets from the waters within boundaries of Oglethorpe County; and for other purposes. Referred to the Committee on Game and Fish. By Messrs. Fowler of Douglas, Rogers of Floyd, Atkinson of Chatham, and Heard of Elbert. House Bill No. 688. A bill to be entitled an Act relating to the distribution of motion picture films, providing terms and conditions of licensing the same; and for other purposes. Referred to the Committee on General Judiciary No. I. By Messrs. Kea and Lovett of Laurens- House Bill No. 689. A bill to be entitled an Act to amend an Act to create a new Charter for the City of Dublin; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Kea and Lovett of Laurens- House Bill No. 6go. A bill to be entitled an Act to amend the Act to create a new Charter for the City of Dublin; and for other purposes. Referred to the Committee on Munic:pal Government. By Messrs. Atkinson, McNall, and Grayson of Chatham- House Bill No. 691. A bill to be entitled an Act to confer upon the Savannah Port Authority additional powers with respect to the issuance, sale or exchange of bonds for the construction of facilities authorized thereunder, entering into contracts for the leasing of such facilities; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Anderson of Wayne- House Bill No. 692. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenue for the County of Wayne; and for other purposes. Referred to the Committee on Counties and County Matters. JOURNAL OF THE HOUSE, By unanimous consent, a copy of the following bill of the House, the original of which was lost by the Committee, was established: By Messrs. Hatchett of Meriwether, Rowland of Johnson, and Pittman of BerrienHouse Bill No. 541. A bill to be entitled an Act to amend Section 32-904 of the Code of Georgia, relating to the compensation of members of County Boards of Education; and for other purposes. Mr. Chastain 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. 81. Do pass. House Bill No. 572. Do pass. House Bill No. 589. Do pass. House Bill No. 622. Do pass. House Bill No. 575 Do pass. House Bill No. 597 Do pass. House Bill No. 624. Do pass. House Bill No. 571. Do pass. House Bill No. 568. Do pass. House Bill No. 641. Do pass. House Bill No. 598. Do pass. House Bill No. 569. Do pass. House Bill No. 605. Do pass. House Bill No. 587. Do pass. House Bill No. 583. Do pass. House Bill No. 557 Do pass. House Bill No. 648. Do pass. House Bill No. 579 Do pass. House Bill No. 565. Do pass. House Bill No. 653. Do pass. THURSDAY, MARCH 6, I94I House Bill No. 654. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Hatchett of Meriwether County, Chairman of the Committee on Education No. I, submitted the following report: Mr. Speaker: Your Committee on Education No. I 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. 54I. Do pass, by substitute. Respectfully submitted, Hatchett of Meriwether, Chairman. Mr. Sabados of Dougherty County, Vice-Chairman of the Committee on General Judiciary No.2, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No.2 have had under consideration the following bill of the Senate and have instructed me, as Vice-Chairman, to report the same back to the House with the following recommendation: Senate Bill No. I07. Do pass. Respectfully submitted, Sabados of Dougherty, Vice-Chairman. Mr. Moate of Hancock 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 549 Do not pass. Senate Bill No. 66. Do pass. Respectfully submitted, Moate of Hancock, Chairman. Mr. Dunaway 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 68o JOURNAL OF THE HOUSE, 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. 671. Do pass. House Bill No. 678. Do pass. Senate Bill No. I 54 Do pass. Senate Bill No. 171. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Lovett of Laurens 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 recommendations: House Bill No. 378. Do not pass. Respectfully submitted, Lovett of Laurens, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read. the second time: By Senators Campbell of the 34th and Edwards of the 6th Districts- Senate Bill No. 66. A bill to be entitled an Act governing and regulating the use of the public roads and public highways of this State, according to recommendations of the Highway Transport Committee of the American Association of the State Highway Officials and the United States Bureau of Public Roads; and for other purposes. By Senator Coker of the 39th District- Senate Bill No. 81. A bill to be entitled an Act to amend Section 32-904 of the Code of Georgia by providing a per diem not to exceed $6.oo for each day's service of members of the County Board of Education in all counties havmg a population of not less than 20,120 or more than 20,130; and for other purposes. By Senator Dobbs of the 22nd DistrictSenate Bill No. 107. A bill to be entitled an Act to amend an Act so as to further provide the method of obtainmg leave to sell property set apart as a year's support and in which minor children have an mterest; and for other purposes. By Senator Guyton of the Ist DistnctSenate Bill No. I54 A bill to be entitled an Act to create and incorporate the THURSDAY, MARCH 6, i941 681 City of Springfield; and for other purposes. By Senator Franklin of the 38th District- Senate Bill No. 171. A bill to be entitled an Act to amend an Act of the General Assembly creating a new Charter for the City of Rockmart; and for other purposes. By Messrs. Hatchett of Meriwether, Rowland of Johnson, and Pittman of Berrien- House Bill No. 541. A bill to be entitled an Act to amend Section 32-904 of the Code of Georgia, relating to the compensation of members of County Boards of Education; and for other purposes. By Mr. Heard of Elbert- House Bill No. 557 A bill to be entitled an Act to require the county school superintendent of Elbert County to publish annually a statement of monies collected and disbursed through h1s office; and for other purposes. By Mr. Phillips of Columbia- House Bill No. 565. A bill to be entitled an Act to fix the salary and expense of the members of the Board of the Commissioners of Roads and Revenues of Columbia County; and for other purposes. By Messrs. Aiken and Deal of Bulloch~ House Bill No. 568. A bill to be entitled an Act to require all candidates for the General Assembly in counties having a population of 25,100 to 26,100 inhabitants, to designate and qualify fer the seats in the General Assembly from all such counties and name their incumbent opponents; and for other purposes. By Messrs. Candler, Dunaway, and TJ.Irner of DeKalb- House Bill No. 569. A bill to be entitled an Act to amend an Act known as "The Revenue Certificate Law of 1937'' authorizing counties, cities and towns to acquire, construct, reconstruct, improve better and extend revenue-producing undertakings; and for other purposes. By Mr. Easler of Crawford- House Bill No. 572. A bill to be entitled an Act to authorize the fiscal authority of every county having a population of not less than 7,100 and not more than 7,150, to pay the sheriff of such county additional compensation from county funds not to exceed $Jo.oo per month for defraying expense of gasoline and oil used by the sheriff in the discharge of his duties; and for other purposes. By Mr. Kennedy of Tattnall- House Bill No. 571. A bill to be entitled an Act to reduce the official bond of the Sheriff of Tattnall County; and for other purposes. By Mr. Smiley of Liberty- House Bill No. 575 A bill to be entitled an Act to grant the Commissioner of 682 JOURNAL OF THE HOUSE, Roads and Revenues of Liberty County the authority to provide for zoning Jnd planning laws; and for other purposes. By Messrs. Parker and Roberts of Walton- House Bill No. 579 A bill to be entitled an Act to amend "An Act to provide for Tax Commissioners of the State of Georgia m all counties"; and for other purposes. By Mr. Dupree of Pulaski- House Bill No. 583. A bill to be entitled an Act to authorize the clerks of the Superior Courts in all counties of the State with a population of not more than 9,835, nor less than 9,825 to make official bonds incorporated fidelity company as surety thereon; and for other purposes. By Messrs. Yawn and Jones of Dodge- House Bill No. 587. A bill to be entitled an Act to amend an Act to provide how and by whom the official organ shall be selected; and for other purposes. By Mr. Mcintosh of Mcintosh- House Bill No. 589. A bill to be entitled an Act to amend an Act to provide a new Charter for the City of Darien; to establish the City Court of Darien; and for other purposes. By Mr. Rowland of Johnson- House Bill No. 597 A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenue for the County of Johnson; and for other purposes. By Mr. Rowland of Johnson- House Bill No. 598. A hill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Johnson; and for other purposes. By Messrs. Dunaway of DeKalb, Grice and Bloodworth of Bibb- House Bill No. 6o5. A bill to be entitled an Act to regulate the solicitation of votes and to prohibit the distribution of cards, pamphlets or like political literature and the carrying of banners and signs for or against any person or proposition on any day in which an election or primary is held; and for other purposes. By Mr. Southwell of Charlton- House Bill No. 622. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Charlton; and for other purposes. By Mr. Strickland of Haralson- House Bill No. 624. A bill to be entitled an Act to amend an Act fixing the salary of the County Treasurer of Haralson at $6oo.oo per annum; and for other purposes. THURSDAY, MARCH 6, 1941 683 By Mr. Bennett of Jeff Davis- House Bill No. 641. A bill to be entitled an Act to create the office of County Custodian for Jeff DavJs County; to prov;de for the method of his appointment; and for other purposes. By Mr. Kennedy of Tattnall- House Bill No. 648. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Tattnall; and for other purposes. By Mr. Taft of Atkinson- House Bill No. 653. A bill to be entitled an Act to repeal an Act entitled "An Act to create the office of Commissioner of Roads and Revenue of the County of Atkinson, etc."; and for other purposes. By Mr. Taft of Atkinson- House Bill No. 654. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Atkinson; and for other purposes. By Messrs. Hand and Brooks of Mitchell- House Bill No. 671. A bill to be ent1tled an Act to prov1de for the destruction of unsold bonds issued by counties, municipal corporations or political subdivisions of this State; and for other purposes. By Messrs. Smith and Smitha of Carroll- House Bill No. 678. A bill to be entitled an Act to authorize the Town of Bowden to enact zoning ordinances; and for other purposes. The following bill of the House was placed on the calendar for the purpose of considermg the unfavorable report of the Committee on Ways and Means: By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 378. A bill to be entitled an Act to levy an excise or privilege tax upon the recording of certain documents; 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. Edenfield of the 4th District- Senate Bill No. 143. A bill to be entitled an Act to amend an Act granting a Charter to the City of Kingsland; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 109, the nays o. JOURNAL OF THE HOUSE, The bill having received the requisite constitutional majority was passed. By Senator Edenfield of the 4th District- Senate Bill No. 144. A bill to be entitled an Act granting the City of Kingsland a Charter to authorize the governing authorities of the city 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 110, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Mcintosh of Mcintosh- House Bill No. 162. A bill to be entitled an Act to amend an Act to permit the taking of catfish, and prescribe the manner and method of taking same from the waters of Mcintosh 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Heard of Elbert and Richardson of Hart- House Bill No. 185. A bill to be entitled an Act to amend an Act relatmg to methods of taking fish in this State, by making it legal to take fish with seines or nets m that part of the Savannah River m the Counties of Elbert and Bart; and for other purposes. The following committee substitute to House B,ll No. 185 was read and adopted: A BILL TO BE ENTITLED an act to amend Section 45-505 of the Code of Georgia of 1933, relating to the mode of fishing in the fresh waters of this State by making it legal for residents of this State to fish in that part 0f the Savann~1h River bordering upon Elbert and Hart Counties with the use of seines of a certain size; to provide the conditions under which this act shall remain operative; to repeal conflicting laws; and for other purposes. BE IT AND IT IS HEREBY ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That Section 45-505 of the Code of Georgia be and the same is hereby amended by adding at the end of said Section the following proviso: "Provided, however that m that part of the Savannah River which is within the boundaries of Georgia and wh1ch borders upon the Counties of Elbert and Hart it shall not be illegal for persons who hold a license to fish to take fish with THURSDAY, MARCH 6, T<).p , seines provided the mesh of such seines shall not be less than one and one-half (r 72") inches square. That this proviso shall remain operative only so long as the statutes of South Carolina authorize the taking of fish m the same manner from that portion of the Savannah River which is within the boundaries of the State of South Carolina and is now defined as Zone No. 2." SECTION 2. All laws or parts of laws in conflict with this act are hereby repeJled. The report of the committee, which was favorable to the passae;e of the bill, by substitute, was agreed to. On the passage of the bill, by substitute, the ayes were ro8, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By Mr. Smith of Barrow- House Bill No. 232. A bill to be entitled an Act providing for four term's of the Superior Court of Barrow County annually; and for other purposes. The following amendment to House Bill No. 232 was read and :.dopted: Mr. Smith of Barrow moves to amend House B1ll No. 232 by striking Section 2 thereof and by substituting in lieu thereof a new Section 2 reading as follows: Section 2. Be it further enacted that the terms of said court shall be held on the third and fourth Mondays in February, May, August <~nd November of each year. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Dunaway, Candler, and Turner of DeKalb; Mrs. Mankin and Messrs. Etheridge and Kendnck of Fulton- House Bill No. 2J4 A bill to be entitled an Act to provide a pension for the Police Department in cities having a population of rso,ooo or more; and for other purposes. ' The following amendments to House Bill No. 234 were read and adopted: COMMITTEE AMENDMENT The caption is hereby amended by striking the first word, to-wit, "COUNSEL", in line r8 and mserting in lieu thereof the word "COUNCIL". COMMITTEE AMENDMENT SECTION 3 of the bill is stricken and a new Section 3 added in lieu thereof, as follows: 686 JOURNAL OF THE HOUSE, "SECTION 3 Section IO of said Act is repealed, and the following section enacted in lieu thereof: "SECTION IO. The Budget Commission and the Mayor and General Council of such city shall appropriate from any funds available the sum of $9o,ooo.oo per annum and shall pay said amount into the pension fund created under the provisions of this Act during the month of January of each year. The Mayor and General Council shall not treat any funds whatsoever paid into the pension fund created under the provisions of the Act as receipts for the purpose of computing funds due the school department under the Charter of such City." The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Mr. Hart of Thomas- House Resolution No. 46-259A. A resolution providing that the Ordinary of Thomas County be furnished certain copies of the Georgia Supreme Court Reports; and for other purposes. The report of the committee, which was favorable to the passage of the bJl, was agreed to. On the passage of the bill, the ayes were I07, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Dallis, Caldwell, and Bruce of Trbup- House Bill No. 261. A bill to be entitled an Act to amend an Act entitled "Highway Mileage", so as to add additional mileage beginning at LaGrange to intersect with State Highway No. IS at or near the county line between Troup and Harris 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 I09, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 275 A bill to be entitled an Act to amend an Act 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 I 50,000 or more inhabitants"; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I Io, the nays o. The bill having received the requisite constitutional majority was passed. THURSDAY, MARCH 6, 1941 By Mr. Welsch of Cobb- House Bill No. 293. A bill to be entitled an Act to amend Section 34-1302 of the 1933 Code of Georgia relating to election hours, so as to provide that in counties of 38,ooo, or more, the election precincts therein having a registration of 200 or more voters, shall be kept open from six a.m., to six p.m., provided the Registrars certify the number thereof to the Precinct Managers; and for other purposes. The following substitute to House Bill No. 293 was read and adopted: By the Committee- A BILL To be entitled an Act to amend Section 34-1302 of the 1933 Code of Georgia, relating to elections, how and when held, by adding to the end of said Section the followmg sentence: "In any precinct, in all counties having a population of not less than 37,000 population and not more than 41,000 population, according to the 1940 Federal Census or any future Federal census, which precinct has a registration of 200 or more voters registered to vote in such precinct, such precinct shall be kept open from six o'clock A.M., to six o'clock, P.M.; provided, however, the county registrars, or a majority thereof, certify to the fact that 200 or more voters are registered to vote in such precinct, and deliver such a certificate to the managers of such voting precinct before the opening of the polls for any election or primary nomination or election." SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, Section 34-1302 of the Code of 1933 be, and the same is, hereby amended by adding at the end thereof the following: "In any precinct, in all counties having a population of not less than 37,000 population and not more than 41,000 population, according to the 1940 Federal census, or any future Federal census, which precinct has a registration of 200 or more voters registered to vote in such precinct, such precinct shall be kept open from six o'clock a.m., to six o'clock p.m.; provided, however, the county registrars, or a majority thereof, certify to the fact that 200 or more voters are registered to vote in such precinct, and deliver such a certificate to the managers of such voting precinct before the opening of the polls for any election or primary nomination or election." SECTION 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. The report of the committee, which was favorable to the passage of the bill, was substitute, was agreed to. On the passage of this bill, by substitute, the ayes were 108, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. 688 JOURNAL OF THE HOUSE, By Messrs. Gray of Houston, Dupree of Pulaski, and Bloodworth of Bibb- Ho',lse Bill No. 295 A bill to be entitled an Act to amend an Act entitled "Highway Mileage" by dding a road beginning on the east side of the Georgia, Southern and Florida R. R. at Bonaire, Houston County, terminating at a point on public highway from Perry to Hawkins, about 1 :\1 miles west of Hawkinsville; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Smith and Smitha of Carroll- House Bill No. 408. A bill to be entitled an Act to establish a Hospital Board for Carroll 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Bill No. 441. A bill to be entitled an Act to amend the Pension System of Fulton County Police to provide a pension for J. W. Ball, Sr.; and for other purposes. The following committee substitute for House Bill No. 441 was read and adopted: COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 441 An Act to amend an Act adopted March J, 1939 (Acts 1939, page 571), entitled "An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pens10ns to county employees of said county; to provide how county employees may make application for retirement pay; to provide how employees may be classified; to provide the maximum amount of retirement pay or pension that any employee may receive; to provide how present employees may apply for retirement pay and how future employees may be authorized to do so; to provide for the method of raising funds for said purposes and the method and manner of how the same shall be raised; to authorize said commissioners to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide how the widows and minor children of employees killed in the service of the county may be subject to retirement pay or pension fund from said pension fund; to provide that employees of said county under the direct jurisdiction of the commissioners come under the terms of this act; to provide that employees of other departments of the government may elect to come under the terms of this act; and to provide how and under what conditions they may come under the terms of this act; to provide that employees of the County School Depart- THURSDAY, MARCH 6, 1941 ment and elective officers are excluded from the terms of this act; to provide that this act shall take effect upon ratification of a proposed Constitutional Amendment granting to Fulton County the authority to establish a pension fund and to levy taxes therefor; and for other purposes." so as to provide a pension for John W. Ball, Sr., a veteran County employee, notwithstanding any of the provisions of said original act; and for other purposes. Be it enacted by the General Assembly of Georgia that the Act adopted March 3, 1939, (Georgia Laws, 1939, page 571) entitled "An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county; to provide how county employees may make application for retirement pay; to provide how employees may be classified; to provide the maximum amount of retirement pay or pension that any employee may receive; to provide how present employees may apply for retirement pay and how future employees may be authorized to do so; to provide for the method of raising funds for said purposes and the method and manner of how the same shall be raised; to authorize said commissioners to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide how the widows and minor children of employees killed in the service of the county may be subject to retirement pay or pension fund from said pension fund; to provide that employees of said county under the direct jurisdiction of the commissioners come under the terms of this act; to provide that employees of other departments of the government may elect to come under the terms of this act; and to prOvide how and under what conditions they may come under the terms of this act; to provide that employees of the County School Department and elective officers are excluded from the terms of this act; to provide that this act shall take effect upon ratification of a proposed Constitutional Amendment granting to Fulton County the authority to establish a pension fund and to levy taxes therefor; and for other purposes" be and the same is hereby amended as follows: SECTION I. Notwithstanding any of the terms, conditions and provisions of said Act, JOHN W. BALL, Sr., a veteran employee of Fulton County in the Sanitary Department thereof shall be entitled to receive the pension, as provided, prescribed, and set forth in said Act, and no limitation as to duration or continuity of service, as prescribed, laid down and set forth in said Act, shall apply to the said JOHN W. BALL, Sr.; provided, however, that nothing in this Act shall be construed as conferring the right to a pension to any dependent of the said JOHN W. BALL, Sr. or to his widow after his death, but the benefits conferred by this Act shall be limited to the said JOHN W. BALL, Sr. personally, for and during his natural life. SECTION II. 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, ~y substitute, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. JOURNAL OF THE HOUSE, By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Bill No. 627. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta to amend the pension act of 1910, so as to bring six people under the provisions of same; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were w6, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 629. A bill to be entitled an Act to amend the Charter of the City of Columbus, for the purpose of authorizing the Board of Managers of the City Hospital to sell and transfer, to invest and reinvest the proceeds of, without order of court, any bonds, corporate stocks, and other securities in the custody or control of said board which have been donated to or received by said board or said city for the benefit of said hospital or its patrons; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Heard of Elbert- House Bill No. 645. A bill to be entitled an Act to amend an Act incorporating 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 104, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Dyal of ApplingHouse Bill No. 650. A bill to be entitled an Act to amend an Act to provide a new Charter for the City of Baxley; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Davis of CowetaHouse Bill Ko. 65 I. A bill to be entitled an Act to amend an Act to create a new Charter for the City of Newnan; and for other purposes. THURSDAY, MARCH 6, I94I The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I I, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following bill of the House was again taken up for consideration: By Messrs. Vickers of Coffee and Taft of AtkinsonHouse Bill No. 90. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the state aid system; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. C>n the passage of the bill, the ayes were IOJ, the nays o. 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 Couch of the 52nd DistrictSenate Bill No. IJ2. A bill to be entitled an Act to Jmend an Act establishing a new Charter for the City of Atlanta; and for other purposes. Referred to the Committee on Municipal Government. By Senator Whaley of the 45th DistrictSenate Bill No. I64. A bill to be entitled an Act to amend an Act incorporating the City of Helena in the County of Telfair; and for other purposes. Referred to the Committee on Municipal Government. By Senator Couch of the pnd DistrictSenate Bill No. I67. A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta; and for other purposes. Referred to the Committee on Municipal Government. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the reqms1te constitutional majority the following bills of the Senate and House, to-wit: By Senator Drake of the 8th District- Senate Bill No. I46. A bill to propose to the qualified voters of Georgia an JOURNAL OF THE HOUSE, amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Miller County by vote of its fiscal authority to issue warrant Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said county; and for other purposes. By Senator Couch of the pnd District- Senate Bill No. 170. A bill to amend Section 89-810 of the Code of 1933 so as to require, in counties having over 200,000 population, according to the United States census of 1940 or any future census, that all officers collecting or holding money belonging to any public body shall deposit the same on the next succeeding business day after the collection thereof, and the interest thereon shall accrue to such public body; and for other purposes. By Senator Couch of the pnd District- Senate Bill No. 169. A bill to prohibit counties having over 2oo,ooo population according to the last or any future census of the United States from paying to any person, other than a duly elected tax officer, any compensation based upon the amount of property returned or placed on a tax digest through his efforts; and for other purposes. By Mrs. Mankin of Fulton and Messrs. Wetherbee and Sabados of Dougherty, and others- House Bill No. 22. A bill to amend Part III "Rules and Regulations governing all elections" of the Code of Georgia of 1933 so as to provide for a secret ballot; and for other purposes. By Mr. Witherington of Wilcox- House Bill No. 26 5. A bill to abolish offices of Tax Collector and Tax Receiver of Wilcox County; and for other purposes. By Messrs. Atkinson, McNall, and Grayson of Chatham- House Bill No. 313. A bill to authorize Commissioners of Chatham County and Pension Board to pension and retire county employees; and for other purposes. By Messrs. Roughton and Smith of Washington- House Bill No. 487. A bill of amend an Act of the General Assembly of Georgia, approved March 24, 1937, fixing the compensation of Tax Commissioner of Washington County; and for other purposes. By Messrs. Ferguson and Suggs, Sr. of Sumter- House Bill No. 496. A bill to reduce the official bond of the Sheriff of Sumter County Georgia, from $w,ooo.oo to $5,ooo.oo; and for other purposes. ~y Mr. Witherington of Wilcox- House Bill No. 500. A bill to amend an Act so as to change the regular monthly meeting of Commissioners of Roads and Revenues of Wilcox County from second Monday in each month to First Tuesday in each month; and for other purposes. THURSDAY, MARCH 6, 1941 By Mr. Drinkard of Lincoln- House Bill No. 501. A bill to amend an Act approved August 19, 1916 to provide as compensation for the Treasurer of Lincoln County a salary of $Joo.oo; and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 532. A bill to fix the amount of the bond of the Sheriff of Oglethorpe County, Georgia, and to provide that the surety on said bond shall be a surety company authorized to transact business in this State; and for other purposes. By Messrs. Dunaway, Candler, and Turner of DeKalb- House Bill No. 551. A bill to fix the date of General Primary Elections in De- Kalb County; and for other purposes. By Mrs. Mankin of Fulton- House Bill No. 20. A bill to prohibit and regulate the sale of fireworks in any county having a population of over 2oo,ooo; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by: the requisite constitutional majority the , following bill of the House, to-w t: By Mr. Worthmgton of Wilcox- House Bill No. 264. A bill to aboJ.sh the office of County Treasurer of Wilcox County, Georgia; and for other purposes. The following message was received from the' Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate, to-wit: By Senator Edenfield of the 4th District- Senate Bill No. 172. A bill relating to the distribution of motion picture films, providing terms and conditions of licensmg the same, and providing penalties for violation of this act; and for ::,ther purposes. Mrs. Mankn of Fulton arose to a question of personal privilege and addressed the House. Mr. Wh;pple of Bleckley arose to a question of personal privilege and addressed the House. Mr. Ell:ott of Muscogee moved, that the House reconsider 1ts action in failing to pass the following bill of the House: JOURNAL OF THE HOUSE, By Messrs. Chastain of Thomas and Curry of R.mdolph- House Bill No. 41. A bill to be ent.tled an Act to grant persons or corporat ons constructing, running or operating pipe lines for the transportafon of petroleum products the right of eminent domam; and for other purposes. On the motion to reconsidel'\ Mr. Grayson of Chatham moved the ayes and nays and the call was sustaned. The roll was called and the vote was as follows: Those voting ;n the affirmative were Messrs.: Aiken Anglin Ansley Barber Barlow Bentley Blease Boone Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Chastain Curry Dalton Daves Dayis Dean Dorsey Drake Dunn Dupree Easler Elliott Ennis, J. H. Etheridge Ford Forrester Foster of Towns Fowler Gavin Goddard Graham Hand Harrison Heard Hicks Horne Inglis Ingram Joiner Kea of Laurens Kelley Kennedy Key of Jasper Looper Mankin Mann Mason Mavity McCracken McEntire Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Musgrove Pettit Phillips Pickett Pilcher Pittman Price Rich Rogers Rowland Russell Sheppard Smiley Smith of Barrow Smith of Carroll Smith of Schley Tappan Wells of Clayton Whipple Wilbanks Williams of Jackson Woods Wright Those voting m the negative were Messrs.: Allison Arnall Atkinson Aultman Bates Bennett Blackshear Bloodworth Bowen Brinson Callaway Campbell Candler Clements Connell Cowart Culpepper Deal Dunaway Dyal Edwards THURSDAY, MARCH 6, 1941 695 Ennis, Mart.m Johnson of Pike Ferguson of Camden Jones of Brantley Ferguson of Sumter Jones of Richmond Foster of Paulding Jones of Worth Fuller Kaigler Gaston Lester Gill Livingston Gowen Lovett Grayson Maddqx Grice Martin Griffin McClure Guerry Mcintosh Harden Miller Hardman Moss Hardy Pannell Harris Parker Hatchett Pinkston Herrin Rees Hogg Reiser Holtzendorf Richardson Hooks Roberts of Gwinnett Howard Roberts of Walton Hunnicutt Rossee Jackson Roughton Johnson of Chattahoochee Simmons Smith of Hall Smith of Washington Smitha Southwell Suggs Swint Taft Thigpen Thompson Walker Warnock Weaver Wells of Burke Wells of Telfair Welsch Wetherbee Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wohlwedner Wren Yawn Those not voting were Messrs.: Adams Anderson Bruce Dallis Drinkard Gillis Goolsby Gray Greene Gross Hagan Hart Hartness Jones of Dodge Kendrick Lewis Maund Maxwell McNall Mills Sabados Shannon Sills Strickland Turner Vickers The roll call W<.s verified. On the motion to reconsider, the ayes were 83, the nays 95 The motion to reconsider was lost. The follow.ng report of the Committee on Rules was read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a c~len -iar f,,r Thursday, March 6, 1941, submits the following report: JOURNAL OF THE HOUSE, Your Committee recommends that the following bills be set as a special ~nd continuing order of business: I. House Bill No. 37 amending the law m regard to year's support. 2. House Bill No. 73 to suspend certain taxes in bureau of unemployment. 3 House Bill No. 296 providing for a home guard. 4 House Bill No. 302 extending the law with reference to incorporation of banks in certain towns. 5 House BJl No. 3IO to establish hospital authority. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. 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, Bloodworth, and Weaver of Bibb- House Bill No. 73 A bill to be entitled an Act to ratify, approve and confirm an executive order and proclamation issued by the Governor on April 5, I940, sus- pending the collection of certain taxes due the Bureau of Unemployment Compensation from certain employees; and for other purposes. Mr. Bradbury of Oconee moved the previous question, the call was sustained and the main question ordered. On the passage of the bill, the ayes were I I I, the nays 2. The bill having received the requisite constitutio?al majority was passed. Messrs. Jones of Brantley and Mims of Miller asked to be recorded in the Journal as voting against House Bill No. 73 The following report of the Committee on Rules was read: REPORT OF RULES COMMIITEE Mr. Speaker: Your Committee on Rules having had under consideration the matter of amending the calendar for Thursday, March 6, I94I, submits the following report: Your Committee recommends that the following bills be set as a special and continuing order of business immediately following House Bill No. 73: I. House Bill No. 142. To provide for the election of bailiffs in certain counties. 2. House Bill No. 170. To amend the County Board of Health Act. 3 House Bill No. 202. To allow fishing the year round in High Falls Pond. THURSDAY, MARCH 6, I94I 4 House Bill No. I91. To allow the Governor and Commissioner of Agriculture to convey certain lands in Evans County. 5 House Bill No. 273 To provide County Board of Trustees to manage county-owned hospitals, in certain counties. 6. House Resolution No. 53-297B. To furnish certain books to Dawson County. 7 House Bill No. 303. To amend the Code relating to compensation of court reporter in Brunswick Circuit. 8. House Bill No. 324. To fix the compensation of a court reporter in the Piedmont Circuit. 9 House Bill No. 325. To allow certain counties to provide for zoning and planning laws. Io. House Bill No. 339 To allow c~rtain counties to regulate the collection and disposition of costs for certain county officers. I 1. House Bill No. 340. To amend the act providing for compensation of tax collectors in certain counties. I2. House Bill No. 326. To authorize the Governor to lease certain lands of the State in Baldwin County. I3. House Bill No. 358. An Act to amend the highway mileage law. I4. House Bill No. 364. An Act to amend the highway mileage law. IS. House Bill No. 375 An Act to amend the highway mileage law. I6. House Bill No. 4I3. An Act to regulate the terms of the Superior Court in Habersham County. I7. House Bill No. 446. An Act to amend the highway mileage law. I8. House Bill No. 453 An Act to amend the highway mileage law. I9. House Bill No. 459 An Act to change boundary lines between Towns and Union Counties. 20. House Bill No. 473 An Act to repeal an Act providing a salary in lieu of a fee system of clerk of the Superior Court in certain counties. 21. House Bill No. 489. An Act to regulate the terms of the Superior Court in Rabun County. 22. House Bill No. 503. An Act to provide a method of selecting the official organs for publishing legal advertisements m certain counties. 23. House Bill No. 625. An Act creating a highway authority in counties of a certam population. JOURNAL OF THE HOUSE, 24. House Bill No. 633. An Act to regulate the salaries of stenographic reporters in certain judicial circuits of this State. 25. House Resolution No. 82-485A. To authorize a refund to Mobley and Lunsford, a bonding company of Fulton County, Georgia. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideratiOn and read the third time: By Mr. Evans of McDuffie- Hause Bill No. 142. A bill to be entitled an Act to provide for the appointment of not more than two bailiffs in counties of this state havmg a population of not more than I0,88o and not less than Io,875 according to the Umted States Census of 1940; and for other purposes. By unanimous consent, further consideration of House Bill No. 142 was indefinitely postponed. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. I70. A bill to be entitled an Act to amend the County Board of Health Act so as to provide that a member of the Board of County Commissioners other than the chairman may sit upon same; and for other purposes. The report of the committee, whtch was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays 3 The bill having received the requisite constitutional majority was passed. By Mr. Thigpen of Evans- House Bill No. 191. A resolution authorizing the Governor and the Commissioner of Agriculture acting for and on behalf of the State, to convey a certain lot of land located in the City of Claxton, to be developed for the use and benefit of the farmers of that area; and for other purposes. By unanimous consent, further action on House Bill No. 191 was postponed until Tuesday, March II th. By Mess:s. Goolsby of Monroe, Dunn of Lamar, and Goddard and Swint of Spaldmg- House Bill No. 202. A bill to be entitled an Act to authorize free fishing in High Falls Pond with hook and line; and for other purposes. Mr. Jones of Brantley moved that House Bill No. 202 be tabled. THURSDAY, MARCH 6, 1941 699 On the motion to table, the ayes were 65, the nays 43 The bill was tabled. By Mr. Hicks of Floyd- House Bill No. 273 A bill to be entitled an Act to provide a Board of Trustees to control, operate and manage county owned or controlled hospitals in counties having a population of not less than fifty and not more than sixty thousand inhabitants according to the 1940 census; and for other purposes. By unanimous consent, further consideration of House Bill No. 273 was postponed until next Tuesday, March roth. By Mr. Looper of Dawson- House Resolution No. 53-297B. A resolution authorizing the State Librarian to furnish certain books to the Clerk of the Superior Court of Dawson 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 I 13, the nays 2. The resolution having received the requisite constitutional majority was adopted. By Messrs. Gowen of Glynn, Dyal of Appling, Anderson of Wayne, Bennett of Jeff Davis, and Ferguson of Camden- House Bill No. 303. A bill to be entitled an Act to amend an Act to amend Sections 24-3103 and 24-3104 of the Code of 1933, relating to the compensation for the court reporter in the Brunswick Judicial 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 I 19, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Williams and Hardy of Jackson, Dalton of Banks, and Smith of BarrowHouse Bill No. 324. A bill to be entitled an Act to fix the compensation of the official court reporter of the Superior Courts of the Piedmont 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 I I I, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Wilbanks of CherokeeHouse Bill No. 325. A bill to be entitled an Act to authorize any county in JOURNAL OF THE HOUSE, this State having a population of not less than twenty thousand one hundred and thirty and not more than twenty thousand one hundred and thirty inhabitants to pass ,through the Board of County Commissioners of Roads and Revenues, or the fiscal authority, 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 I 16, the nays o. The bill having receiyed the requisite constitutional majority was passed. By Messrs. Elliott of Muscogee, Evans of McDuffie, Lovett of Laurens, Culpepper of Fayette, and J. H. Ennis and Marion Ennis of Baldwin- House Bill No. 326. A bill to be entitled an Act to authorize the Governor to lease lands and buiidings constituting the State Prison Farm located in Baldwin County to the Baldwin County Board of Education for vocational training; and for other purposes. The following substitute to House Bill No. 326 was read and adopted: By Messrs. Elliott of Muscogee, Evans of McDuffie, Lovett of Laurens, Culpepper of Fayette, and J. H. Ennis and Marion Ennis of Baldwin- A BILL To be entitled an Act to authorize the Governor to lease all or any part of the lands and buildings constituting the State Prison Farm located in Baldwin County, near Milledgeville, Georgia, to the United States Government, to any political sub- division of the State of Georgia, or to the Baldwin County Board of Education, for any project relating to National Defense, or vocational training or similar purposes; and for other purposes. ' BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section I. Notwithstanding the provisions of any other law, the Governor ot Georgia is hereby authorized to lease, in whole or in part, for a period of time up to but not exceeding twenty-five years, the lands and buildings constituting the State Prison Farm located in Baldwin County, near Milledgeville, Georgia, to the United States Government, to any political s~bdivision of the State of Georgia, or to the Baldwin County Board of Education. The terms and conditions of such lease shall be such as the Governor may deem to be for the best interest of the State but shall specify that such property shall be used for National Defense, or vocational training, or for any related or similar project. 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, was agreed to, by substitute. On the passage of the bill, by substitute, the ayes were 132, the nays o. THURSDAY, MARCH 6, 1941 The bill having received the requisite constitutional majority was passed, by substitute. By Messrs. Lester, Harris, and Jones of Richmond- House Bill No. 339 A bill to be entitled an Act to amend the "Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, et seq" by striking the figure "72,500" and inserting in lieu thereof the figures "76,cxx/'; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 14, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Lester, Harris, and Jones of Richmond- House Bill No. 340. A bill to be entitled an Act to amend an Act approved March 24, I939 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, etc." by adding at the end of Section 3 of said act a proviso that in counties having a population of not less than 76,000 inhabitants, and not in excess of 83,000 inhabitants under the I940 census, commissions shall be paid into the county treasury; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 20, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the House recessed for one hour. I :30 o'clock, P.M. The Speaker called the House to order. Under the order of busin.ess established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time. By Messrs. Greene of Jones and Goolsby of Monroe- House Bill No. 358. A. bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the Speaker ordered the roll called, and the vote was as follows: 702 JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs.: Anglin Ansley Arnall Aultman Barlow Bennett Bentley Bloodworth Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Callaway Campbell Candler Chastain Clements Cowart Dalton Daves Davis Deal Dean Dorsey Drake Dunaway Dunn Easler Ennis., J. H. Ferguson of Camden Ferguson of Sumter Ford Foster of Paulding Fowler Fuller Gaston Gavin Gill Goddard Gowen Graham Moss Grice Pannell Griffin Parker Harden Pickett Hardn:an Pinkston Hardy Pittman Harris Price Harrison Reiser Hartness Roberts of Gwinnett Herrin Roberts of Walton Hicks Rogers Hogg Roughton Holtzendorf Russell Hooks Sabados Horne Simmons Inglis Smiley Ingram Smith of Barrow Jack;son Smith of Carroll Johnson of Chattahoochee Smith of Hall Johnson of Pike Smith of Schley Joiner Smith of Washington Jones of Brantley Smitha Jones of Worth Southwell Kea of Laurens Swint Kendrick Taft Kennedy Tappan Key of Jasper Thigpen Lester Walker Livingston Warnock Maddox Weaver Mankin Wells of Burke Mann Wells of Clayton Martin Wells of Telfair Mason Welsch McClure Wetherbee McCracken Whipple 1r!cintosh Williams of Bacon McEntire Williams of Harris Miller Williams of Jackson Mims Williams of Ware Moate Willoughby Moore of Lumpkin Those voting in the negative were Messrs.: Barber THURSDAY, MARCH 6, I94I 703 Those not voting were Messrs.: Adams Aiken Allison Anderson Atkinson Bates Blackshear Blease Bowen Brooks of Oglethorpe Bruce Bynum Caldwell Connell Culpepper Curry Dallis Drinkard Dupree Dyal Edwards Elliott Ennis, Marion Etheridge Forrester Foster of Towns Gillis Goolsby Gray Grayson Greene Gross Guerry Hagan Hand Hart Hatchett Heard Howard Hunnicutt Jones of Dodge Jones of Richmond Kaigler Kelley Lewis Looper Lovett Maund MavitY Maxwell McNall Mills Mixon Moore of Taliaferro Musgrove Pettit Phillips Pilcher Rees Rich Richardson Rossee Rowland Shannon Sheppard Sills Strickland Suggs Thompson Turner Vickers Wilbanks Witherington Wohlwender Woods Wren Wright Yawn By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 125, the nays I. The bill having received the requisite constitutional majority was passed. By Messrs. McClure of Catoosa, Kelly and Mavity of Walker- House Bill No. 364. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed. to. On the passage of the bill, the ayes were I I 5, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Aultman of Peach- House Bill No. 368. A bill to be entitled an Act to authorize fiscal authorities in counties having a population of not less than 10,376 and not more than IO,J86 to pay additional compensation to the .sheriff for automobile expense; and for other purposes. 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 IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Kaigler of Quitman- House Bill No. 375 A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System of roads; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. The following resolution of the House was read and adopted: By Mr. Sabados of Dougherty- House Resolution No. 11 ~- A resolution expressmg appreciation to Governor and Mrs. Talmadge for a pleasant evening. The following resolutions of the House were read: By Mr. Ferguson of Camden- House Resolution No. 116. A RESOLUTION WHEREAS the Department of Natural Resources, which embraces the Divisions of Parks, Wild Life, Forestry, and Geology, is now engaged in the conservation of our natural resources, such as timber, game and fish, mines, mining, parks, and monuments, in so doing IS building up our fish hatcheries, game preserves and timber protection agencies, and WHEREAS, said Department is now cooperating with t_he Federal Government and participati_ng funds set aside by the Federal Government for this purpose, and WHEREAS, it is deemed advisable that a joint resolution be adopted by the House and the Senate authorizing the Speaker of the House and the President of the Senate to appoint a committee to serve without pay or other compensation and to be composed of three members from the House and two from the Senate to advise with the Commissioner of said Department, in the preservation of and conservation of said natural resources, NOW, THEREFORE BE IT RESOLVED by the House of Representatives, the Senate concurring, that a joint committee to serve without pay or compensation, composed of two from Committees on Conservation, one from the House and one from the Senate, and three from Committees on Game and Fish, two from the House THURSDAY, MARCH 6, I94I and one from the Senate, to be appointed by the Speaker of the House and the President of the Senate, to advise with the Commissoner of the Department of Conservation on matters pertaining to conservation and preservation of the natural resources of this State and to inspect the various projects and operations of this department. The Speaker referred House Resolution No. I I6 to the Committee on Game and Fish. By Mr. Ingram of Forsyth- House Resolution No. I I7. A resolution providmg for the appointment of a committee to investigate the activities of the Hon. Pat Avery in securing executive clemency for convicted people; and for other purposes. The Speaker referred House Resolution No. I I7 to the Committee on 'State of Republic. Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time: By Mr. Inglis of Habersham- House Bill No. 4IJ. A bill to be entitled an Act to amend the Act providing for holding four terms a year of the Superior Court of Habersham 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, tfie ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Bowen of Pierce and Jones of Brantley- Hause Bill No. 446. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the state aid system; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I I, the nays o. The bill having received the requis'te constitutional majority was passed. By Messrs. Bowen of Pierce and Bates and Williams of Ware-- House Bill No. 453 A bill to be entitled an Act to amend the Highway Mileage Act by addmg a certain road to the state aid system; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were II9, the nays o. JOURNAL OF THE HOUSE, The bill having received the requis'te constitutional majority was passed. By Messrs. Foster of Towns and Rich of Union- House Bill No. 459 A bill to be entitled an Act to amend and change the boundary lines between Towns and Union Counties; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays 1. The bill having received the requisite constitutional majority was passed. By Mr. Davis of Coweta- House Bill No. 473 A bill to be entitled an Act to repeal an Act to provide a salary instead of a fee system for the Clerk of the Superior Court so as to provide that in counties having a population of twenty-six thousand seven hundred fifty to twenty-seven thousand seven hundred fifty inhabitants the Clerk of the Superior Court shall be on a salary system instead of a fee system; and for other purposes. The following substitute to House Bill No. 473 was read and :1dopted: By Mr. Davis of Coweta- A BILL To be entitled an Act to amend an Act reli1ting to salaries of clerks in lieu of fees approved March 2, 1933 (Georgia Laws 1933, pages 238 et seq.) by making the said Act applicable to counties on a basis of the 1930 census only; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. The Act of the General Assembly relating to salaries of clerks in lieu of fees approved March 2, 1933 (Georgia Laws 1933, page 238 et seq.) be and the same is hereby amended by striking from the caption of the said Act the following language: "or any subsequent United States census", so that the caption of the said Act when amended shall read as follows: "An Act to provide a salary in lieu of the fee system for the clerk of supenor court and other courts served by the clerk of the superior court in counties of twenty-six thousand seven hundred fifty (26,750) to twentyseven thousand seven hundred fifty (27,750) inhabitants, inclusive, according to the United States census of 1930, and for other purposes." Section 2. The Act of the General Assembly relating to salaries of clerks in lieu of fees approved March 2, 1933 (Georgia Laws 1933, page 238 et seq.) be and the same is hereby further amended by striking from Section 1 thereof the following language: "or according to any subsequent United States census," so that' Section I of the said Act when amended will read as follows: "That in all counties of this State having a population of twenty-six THURSDAY, MARCH 6, I94I thousand seven hundred fifty (26,750) to twenty-seven thousand seven hundred fifty (27,750) inhabitants, inclusive, according to the United States census of I9JO, the fee system of compensating the clerk of the superior court for all his services as such clerk, and as clerk of any other court of this State in said counties, is hereby abolished; and the said clerk shall hereafter be paid a salary as herein provided, in lieu of all fees paid said clerk under the fee system." 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, by substitute. On the passage of the btl!, by substitute, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Resolution No. 82-485A. A resolution authorizing Fulton County to refund to Mobley and Lunceford $926. so; 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 I I 2, the nays o. The resolution having received the requisite constitutional majority was adopted. By Mr. Bynum of Rabun- House Bill No. 489. A bill to be entitled an Act to create two additional terms of the Superior Court of Rabun County; and for other purposes. The report of the committee, which was favot'able to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Boone of Wilkinson- House Bill No. 503. A bill to be entitled an Act to amend the Code of Georgia so as to provide that in counties having a population of more than II,022 and less than 11,027 where there are more than one newspaper, the legal advertising shall be rotated; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. JOURNAL OF THE HOUSE, By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 633. A bill to be entitled an Act to regulate the salaries of stenographic reporters of Superior Courts of all Judicial Circuits in counties having therein a city with a population of not less than so,ooo and not more than ss,ooo; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I4, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton and Messrs Dunaway, Candler, and Turner of DeKalb- House Bill No. 625. A bill to be entitled an Act to create a Highway Authority for any county or counties in which may be situated a city having a population of more than Joo,ooo; and for other purposes The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I IJ, the nays o. The bill having received the requisite constitutional majority was passed. Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time: By Senator Couch of the pnd District- Senate Bill No. JO. A bill to be entitled an Act to transfer to the County Tax Collector duties now imposed upon County Registrars in counties having a population of 2oo,ooo or more; and for other purposes. The following substitute to Senate Bill No. 30 was read and adopted: By the Committee- A BILL An Act to abolish in counties of this State having a population of 2oo,ooo or more according to the Umted States census of I94o, or any future Umted States census, the Board of County Registrars as formerly created by the election laws of this State, and to provide that the county tax collector or the county tax commissioner, as the case may be, shall be the county registrar in such counties; to transfer to such county tax collector or county tax commissioner in such counties all duties now or hereafter imposed by law upon the county registrar; to require such county tax collector or county tax commissioner to take the oath as now prescribed by law for county registrars; to provide additional regulations for the registration of voters in such counties; to prescribe the form and use to be made of the voters' book in such counties; to provide for the removal of names from the voters' list in such counties; to prescribe additional duties to be performed by managers of elections and of THURSDAY, MARCH 6, I94I 709 primary elections in such counties in connection with the registration list; to previde a separability clause and a repealing clause; 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 this Act shall be applicable to all counties of this State having a population of 2oo,ooo or more according to the United States census qf I940, or any future United States census. Section 2. That beginning with the date of the approval of this Act, the Board of County Registrars formerly created by the election laws of this State is abc.lished in each of the counties of this State within the classification provided by Section I of thts Act, and such other counties of thts State as may hereafter be included therein. Section 3 That effective with the date of the passage of this Act, in each ccunty of this State within the classification defined in Section I of this Act, the tax collector or in counties wh1ch do not have a tax collector, the tax commissioner shall be ex-officio county registrar of such county and required to perform m such county all of the duties now or hereafter requtred by law to be performed by county registrars. Sect10n 4 Such county registrar in addition to the oath reqmred as tax collector or tax commissioner, as the case may be, shall take and subscribe before some officer authorized to administer an oath under the laws of this State, the oath now required to be administered to county registrars. Section 5 In each of the counties in this State within the class defined in Sec- tion I of this Act, the registrar shall prepare and complete on or before January I, I942, a new registration list in duplicate of all voters who within said period of time registered in the manner provided by this Act. After the approval of this Act, the registrar in such counties shall provide a looseleaf voters' book which shall contain two identical registration cards for each registrant, except that such cards may be of different color and texture, both of which shall be signed by the registrant and prepared in the form required by this A-:t. Section 6. It shall be the duty of the registrar in such counties within a period of two months after the approval of this Act, to notify by mail at the address now appearing on his records, every person whose name appears on the last voters' list of each such county calling such persons' attention to the provisions of Sections 34404 and 34-3206 of the Code of Georgia of I933 which provide that no elector shall vote in any militia district, ward, or precinct other than the one in which he resides, and advising such voter of the necessity of re-registering in order to vote in any election in such county to be held after Janu?ry I, I942. Section 7 Each registration card in the voters' book, both original and duplicate, shall contain and disclose the following provisions and information with respect to the registrant: (a) Affidavit to be executed by the registrant as provided in Section 34-I03 of the Code of Georgia of I933 (b) Date of birth, race and occupation. 710 JOURNAL OF THE HOUSE, (c) Mother's maiden name. (d) Spaces in which to record any change of address. (e) Spaces in which to write or stamp the date of each election at which the regist4:"ant shall vote. (f) Spaces in which to note the cancellation of the elector's registration, tOgether with the cause and date thereof and the signature of the clerk cancelling such registration. (g) Spaces in wh1ch to record payment of poll tax. (h) Blanks for any other information which shall facilitate holding of elections. Section 8. Of the two cards signed by each registrant, one shall be filed in a binder or other portable receptacle, known as the "precinct file," and shall be arranged first by precincts, then within each precinct alphabetically by the names of the roads or streets on which the registrant resides, and then within each street geographically in the numerical order of the street numbers located within such precinct on such street, commencing with the lowest and ending with the highest such number. Where street numbers do not exist or do not identify residences, then within each road or street such cards shall be arranged in geographical order. The other or duplicate card shall be filed alphabetically without regard to militia districts, wards or precincts, said file to be hereinafter termed the "master file", which master file shall always remain in the office of the registrar. Section 9 That master file and the precinct file shall at all times remain in the custody of the registrar; providing, however, that the registrar on each election day shall lock the precinct files so that the cards therein can be examined, but no card removed or added, and shall thereupon, and before the polls open, deliver the locked precinct file for each militia district or ward and precinct to the election officials therefor. Said file shall remain locked throughout the time the polls remain open and the registrar shall immediately repossess said files after the polls close. Section 10. If either the original or duplicate registration card, or both, of an elector shall be lost, destroyed or mutilated, the registrar may prepare a new card and require the execution of a new registration affidavit by such elector, and if any such elector shall refuse or fail to execute such affidavit within thirty days after the mailing of a notice of such requirement to such elector at the last address furnished by the registrant to the registrar, then the registration of such elector shall be cancelled, except as may be forbidden by article 2, section 1, paragraph 5 of the Constitution of the State of Georgia. If either the original or duplicate registration cards, or both, for any militia district, ward or precinct shall be lost or destroyed, the registrar shall in the same manner require a re-registration of all of the electors in such militia district, ward or precinct. Section II. During the month of January of each year, beginning with the year 1942, the registrar shall secure from the local registrar of vital statistics a list of all persons over twenty-one years of age who have died, and shall compare this list with the registration list and shall cancel the registration of all deceased electors and remove their cards from the files containing the names of qualified voters. THURSDAY, MARCH 6, 1941 711 Section 12. Upon the receipt of a written statement from an elector authorizing the cancellation of his registration, the registrar shall cancel such registratiOn and remove the cards of the elector from the files containing the names of qualified voters. Section 13. Upon receipt of reliable information in writing that a registered elector has moved away from the county, the registrar shall notify such elector through the mail at his last registered address stating the source of information, and if the elector does not apply for a continuation of registration within thirty days after the mailing of such notice, his registration shall be cancelled and his cards removed from the files containing the names of qualified voters. Nothing herein shall affect the provisions of Section 34-805 of the Code of Georgia of 1933 relating to the challenge of voters. Section 14. Within thirty days after the first day of January in each year beginning January 1, 1945, the registrar shall revise and correct the registration records as follows: He shall examine the registration cards and shall suspend the registration of all electors who have not voted in any general, special or primary election, State, county or municipal, within the two years next preceding said first day of January, except as may be forbidden by Article 2, Section 1, Paragraph 5 of the Constitution of the State of Georgia; provided, however, that on or before March Ist of said year he shall mail to each such elector at the last ddress furnished by the registrant, a notice substantially as follows ''You are hereby notified that your registration as a qualified voter will be cancelled ,'ccording to State law for having failed to vote within the past two years, unless on or before Aprii Ist of the current year you continue your registration by signing the statement be!ow and returning it to this office, or by applying in person." Application for continuation of registration: I hereby certify that I reside at the :1ddress given below and apply for continuation of my registration as a voter. My Mother's maiden name was................................ Signature of elector........................................... . Present residence address .................................... Immediately after March 1st of each current year the registrar shall cancel the registration of all electors thus notified who have not applied for continuance, and the cards of all cancelled registrants shall he wholly removed from the list of electors, but not destroyed. Any elector whose registration has been cancelled may re-register in the manner provided by Section 7 of this Act. Upon re-registration a new set of cards shall be prepared and executed in the manner provided for original registrations. Section 15 When a registration is cancelled the registrar shall cause to be made a proper entry thereof upon both the original and duplicate registration cards, including the date and cause for cancellation and shall affix his signature thereto. The original and duplicate cancelled cards shall be permanently filed in an inactive file in the office of the registrar for a period of seven years. 712 JOURNAL OF THE HOUSE, Section 16. The registrar shall make, certify and deliver to any person request- ing same, a true copy of the names and addresses of the registered electors of any militia district, ward or precinct upon the payment to such registrar of the cost thereof. - Section 17. From and after the effective date of this Act, at every primary election or special election every registered elector offering to vote shall before being given a ballot, identify himself by executing an application for a ballot in the presence of an election official. The application blank shall be substantially as follows: Application for ballot: I hereby indicate that to the best of my knowledge and belief I am qualified and eligible to vote in this election. Street name Street number. Name Application number. The election officials in charge of the precinct registration file shall compare the signature upon such application with the signature upon the registration card. If the election officials, or a majority of them, upon comparing such signatures, shall be satisfied that such applicant is the identical person registered, they shall permit him to vote. If they are not satisfied with the application, then the vote of such applicant shall be challenged and the same pro('edure shall be followed as provided in the election law for the challenging of electors. If said applicant has signed the registration card by making a mark, then such person shall identify himself by giving the date of his birth and his mother's maiden name, which shall be compared with the information on the registration card, or he shall identify himself by such other means as may be referred to upon the registration card. Section 18. At every primary election or special election as each voter casts his vote, election officials shall enter indelibly on the registration card of such voter in the space provided for that purpose the fact that the elector voted and the month, day and year of such election, which entry may be with pen and ink or stamp or other_ device provided for that purpose. Section 19. The applications for ballots of those who vote shall be preserved as a record of the persons who have voted. They shall be filed face down on a spindle file in the order in which the corresponding ballots are issued. After the polls close they shall be tied in bundles of fifty each and shall be deposited in the ballot box with the ballots before the same is sealed. Section 20. The registrar shall have available at the tax receiver's window, the tax collector's window, and tax commissioner's window, and at all polling places, for the use of registered voters, a convenient change of address slips. Change of address slips shall be furnished to each elector when making the original registration. THURSDAY, MARCH 6, 1941 "il .. 'J Section 21. This Act shall take effect on the first day of January, 1942. Section 22. Each provision, phrase, clause or part of this Act is separately enacted, and should any provision; phrase, clause or part of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the Legislature that the remaining valid portions of this Act shall remain in full force and effect. Section 23. 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 110, the nays 2. The bill having received the requisite constitutional majority was passed, by substitute. By Senators Kiker of the 41st and Cannon of the 40th District- Senate Bill No. 40. A bill to be entitled an Act to increase the mileage of the State Aid System by adding a certain road thereto; and for other purposes. The report 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 o. The bill having received the requisite constitutional _majority was passed. By Senator Campbell of the 34th District- Senate Bill No. 48. A bill to be entitled an Act to amend an Act of the General Assembly of Georgia to abolish the fee system now existing in the Superior Courts of Stone Mountain Judicial Circuit, as applied to the office of Solicitor General; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Whaley of the 45th District- Senate Bill No. 68. A bill to. be entitled an Act to amend Section 45-308 of the Code of Georgia, known as an Act providing for a different date for the commencement of open season for the hunting of game in certain territory of this State by striking from said Act ''Telfair, Jeff Davis and Appling Counties"; and for other purposes. By unanimous consent, further consideration of Senate Bill No. 68 was postponed until Monday, March Ioth. JOURNAL OF THE HOUSE, By Senator Whaley ot the 45th District- Senate Bill No. SJ. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the state aid system; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Campbell of the 34th District- Senate Bill No. 124. A bill to be entitled an Act to provide additional and cumulative method of fixing salaries or sole compensation for certain officers in certain counties; and for other purposes. The following substitute to Senate Bill No. 124 was read and adopted: A BILL To be entitled an Act providing for an additional and cumulative method of fixing salaries for the year 1941 and subsequent years which salaries shall be the sole compensation of tax collectors, tax receivers and tax commissioners in counties having a population of SJ,OOO or more, according to the United States Census of 1940 or any future census; to provide the manner in which this Act shall become and remain operative; to provide for the disposition of fees, costs and emoluments accruing to said officers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GE~ERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME. Section I. That from and after the passage of this Act the board of County Commissioners, Commissioners of Roads and Revenues, or other body, or officers having charge of the fiscal affairs of counties, having a population of eighty-three thousand (SJ,ooo) or more under the United States Census of 1940 or any future United States Census shall have the authority to fix the salaries and sole compensation of the Tax Receiver, Tax Collector or Tax Commissioner, in said counties for the year 1941 and succeeding years. Section 2. The provisions of this Act unless adopted, shall not be construed to repeal, limit, modify, or in any way affect existing laws regulating the salaries or compensation of the above named officers, but shall be construed to be an additional and cumulative method of fixing salaries and sole compensation of the above named officers, which may be exercised by the governing body of said counties if they so choose. Section 3 The provisions of this Act shall not become operative in any county unless adopted by the County Commissioners, or other officers having charge of the fiscal affairs of the County and if made operative, may be made inoperative at any time by the same action. Section 4 The provisions of this Act shall go into effect immediately upon THURSDAY, MARCH 6, 1941 its approval and, if put into effect as aforesaid, shall supersede any salaries or co:npensation fixed under other statutes or authority for the remainder of the year 194 r. Section 5 The salaries or sole compensation, if and when fixed under th~ pro- visions of this Act, shall constitute the sole salary or compensation for the above named officers, notwithstanding any statute heretofore passed providing for extra compensation for any of said officers and all fees, commissions, costs, percentages, forfeitures, allowances, and all perquisites of whatever kind accruing now or hereafter to said officers from any and all sources whatever that would be paid to or collected by said officers shall be collected by them and paid into the County Treasury monthly with an itemized sworn statement thereof, said funds to be used for county purposes. Section 6. Be it further enacted and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict herew;th, 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 108, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By unanimous consent, the bill was ordered immediately transmitted to the Senate. By Senator Campbell of the 34th _District- Senate Bill No. 125. A bill to be entitled 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. The following amendment to Senate Bill No. 125 was read and adopted: By the Committee- ! . The committee of the House on Counties and County Matters moves to amend Senate Bill No. 125 by adding after the words "counties" in the 15th line of Section I of the printed bill, the following words: "Provided, nevertheless, that in any of said counties where the salary of the tax collector or tax commissioner is not fixed by act of the legislature, the county commissioners may fix a salary and/or fees as compensation for such tax collector or tax commissioners." And by adding at the end of paragraph 2 of said bill the same words: 2. That the caption be amended accordingly, so that after the word "limits" in the last line thereof the following language ";to provide for the fixing of the compensation of such officers,". 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 108, the nays o. The bill having received the requisite constitutional majority was passed, as amended. . By unanimous consent, the bill w~s ordered immediately transmitted to the Senate. Mr. Lester of Richmond moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Moore of Taliaferro, Lester of Richmond, Williams of Jackson, Hartness of Fannin, Goddard and Swint of Spalding, Joiner of Cook, Bentley of Upson, Jones of Dodge, Maund of Talbot and Greene of Jones. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock. FRIDAY, MARCH 7, 1941 Representative Hall, Atlanta, Georgia, Friday, March 7, 1941. 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 Mr. Walker of Grady. The roll was called and the following members answered to their names: Aiken Allison Anderson Anglin Ansley Arnall Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Dorsey Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Fowler Fuller Gavin Gill Gillis Goddard Gowen Graham Grayson Grice Griffin Gross Guerry Hand Harden Hardman Hardy Harrison Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Jones of Richmond Jones of Worth Kea of Laurens Kendrick Kennedy Key of Jasper Livingston Lovett Maddox Mankin Mann Mason McClure McCracken Mcintosh McEntire Mims Mixon Moate Moore of Lumpkin Pannell Parker Phillips Pickett Pinkston Pittman Richardson Roberts of Gwinnett Roberts of Walton Rossee Roughton Russell Sabados Shannon Smiley JOURNAL OF THE HOUSE, Smith of Barrow Smith of Carroll ,Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Taft Tappan Thigpen Thompson Walker Warnock Weaver Wells of Clayton Wells of Telfair Welsch Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wohlwender Woods Wren Yawn Mr. Speaker Mr. Harrison of Jenkins, Vice-Chairman of the Comm:ttee 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: I. Introduction of bills and resolutions under the Rules of the House. 2. Reports of Standing Committees. J. Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate bills. 5 Third reading and passage of general bills having local application until Io:oo ~clock. 6. First reading and reference of Senate bills. The following resolution of the House was read: By Mr. Dorsey of Cobb- House Resolution No. 118. WHEREAS, there have been serious and honest differences of opinion among the members of this House as to whether the Pre~ident of the United States wished the passage of the bills providing for the construction of gasoline pipe lines in Georgia, and as to whether he considered such proposed pipe lines important to national defense in the present world emergency; AND WHEREAS, Hon. J. W. Culpepper, the leader of the opposition to such bills in this House, stated in debate that if the President communicated to the Speaker of the House a statement that such pipe lines were important for national defense then all opposition in the House to said legislation would end; AND WHEREAS, under the Constitution of the State of Georgia, it is possible for two-thirds of this House to revive said measures; FRIDAY, MARCH 7, 1941 AND WHEREAS, this House is composed of patriotic citizens who are fully aware of the fearful horrors of the war now raging throughout the world, and who realize the perils that cqnfront this country and the billions of dollars of the taxpayers' money that is being spent for purposes of national defense; AND WHEREAS, this House earnestly desires to cooperate with the President in all matters of national defense and to follow his leadership in such matters; IT IS THEREFORE RESOLVED: That the Speaker of this House telegraph the President at once a request that the President personally reply by telegram to the Speaker stating, for the information of this House, whether" the President feels that said pipe lines are important to the program of national defense under his leadership. Mr. Grayson of Chatham moved that the resolution be tabled. On the motion to table, Mr. Dorsey of Cobb moved the ayes and nays, and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Anglin Ansley Aultman Bates Bennett Blackshear Bloodworth Bowen Campbell Clements Cowart Culpepper Dalton Davis Deal Dunaway Dyal Edwards Ennis, Marion . Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Fuller Gill Gillis Gowen Grice Griffin Gross Guerry Harden Hardman Hardy Hatchett Herrin Holtzendorf Horne Howard Inglis Jackson Johnson of Pike Jones of Richmond Jones of Worth Kelley Lovett Maddox Martin Mason McClure McCracken Mcintosh Mixon Moore of Lumpkin Parker Pinkston Richardson Roberts of Gwinnett Roberts of Walton Smiley Smith of Washington Smitha Southwell Strickland Suggs Taft Thigpen Thompson Turner Walker Warnock Weaver Wells of Telfair Welsch Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wohlwender Wren Yawn JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: Aiken Allison Anderson Barber Barlow Blease Branch Bridges Brooks of Mitchell Bynum Callaway Curry Dorsey Drake I1unn Dupree Easler McEntire Elliott Mims Etheridge Phillips Foster of Towns Pittman Fowler Russell Gavin Sabados Graham Sheppard Harrison Smith of Barrow Hicks Smith of Carroll Hooks Smith of Schley Johnson of Chattahoochee Tappan Kea of Laurens Wells of Clayton Kendrick Whipple Kennedy Wilbanks Mankin Woods Mann Those not voting were Messrs.: Arnall Atkinson Bentley Boone Bradbury Brinson Brooks of Oglethorpe Bruce Caldwell Candler Chastain Connell Dallis Daves Dean Drinkard Ennis, J. H. Gaston Goddard Goolsby Gray Grayson Greene Hagan Hand Harris Hart Hartness Heard Hogg Hunnicutt Ingram Joiner Jones of Brantley Jones of Dodge Kaigler Key of Jasper Lester Lewis Livingston Looper Maund Mavity Maxwell McNall Miller Mills Moate Moore of Taliaferro Moss Musgrove Pannell Pettit Pickett Pilcher Price Rees Reiser Rich Rogers Rossee Roughton Rowland Shannon Sills Simmons Smith of Hall Swint Vickers Wells of Burke Wetherbee Williams of Jackson Wright On the motion to table, the ayes were 84, the nays 47 The resolution was tabled. FRIDAY, MARCH 7, 1941 721 By unanimous consent, the following bill of the House was recommitted to the Committee on Counties and County Matters: By Mr. Hicks of Floyd- House Bill No. 273 A bill to be entitled an Act to provide a Board of Trustees to control, operate and manage any county owned or controlled hospital in any county having a population of not less than fifty and not more than sixty thousand inhabitants accordmg to the U.S. Census of 1940; and for other purposes. By unanimous consent, the following resolution of the House was withdrawn from the Committee on State Prison Farm and recommitted to the Committee on General Agriculture No. 1: By Mr. Willoughby of Clinch- House Resolution No. IIo-651A. A resolution directing the State Prison Farm in Tattnall County henceforth to suspend and discontinue the business and operation of boxing and using the pine trees on said farm for the production and distillation of rosin and turpentine; and for other purposes. By uanimous consent, the following bills were introduced, read the first time and referred to the committees: By Mr. Howard of Long- House Bill No. 693. A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Long County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Smith of Barrow- House Bill No. 694. A bill to be entitled an Act to amend an Act changing the name of the Prison Commission of the State of Georgia to the State Prison and Parole Commission; and for other purposes. Referred to the Committee on Penitentiary. By Mr. Heard of Elbert- House Bill No. 695. A bill to be entitled an Act to amend the charter of the City of Elberton; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Bynum of Rabun- House Bill No. 696. A bill to be entitled an Act to provide for a tax to be paid by any person, firm or corporation operating trucks or any other kind of motor vehicle for commercial purposes in transporting farm products into the State from another State; and for other purposes. Referred to the Committee on Motor Vehicles. 722 JOURNAL OF THE HOUSE, By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton- House Bill No. 697. A bill to be entitled an Act to amend an Act defining and limiting certain duties required of tax receivers in counties of 2oo,ooo or more population; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Rowland of Johnson- House Bill No. 698. A bill to be entitled an Act to amend an Act authorizing the several counties to levy a tax each year for the conservation of natural resources, etc.; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Hagan of Screven- (By unanimous Consent) House Resolution No. 119-698A. A resolution to appropriate $510.25 to pay hospitalization ofW. Herbert Brannen; and for other purposes. Referred to the Committee on Appropriations. By Mr. Wohlwender of Muscogee- (By unanimous Consent) House Resolution No. r2o-698B. A resolution to appropriate an amount equal to the accrued but unpaid pension of Mr. W. S. Elam to his daughter, Miss Janie Elam; and for other purposes. Referred to the Committee on Appropriations. By Messrs. Rogers, Hicks and Maddox of Floyd- House Bill No. 699. A bill to be entitled an Act to amend an Act making it a misdemeanor for any person to appear in an intoxicated condition at or in any mill, factory, manufacturing plant or other place of private business; and for other purposes. Referred to the Committee on Temperance. Mrs. Guerry of Macon County, Chairman of the Committee on Historical Research, submitted the following report: Mr. Speaker:, Your Committee on Historical Research have had under consideration the follow- ingresolution of the House and have ipstructed me, as Chairman, to report the same back to the House with the following recommendation: House Resolution No. IOJ-59JA. Do pass, by substitute. Respectfully submitted, Mrs. Guerry of Macon, Chairman. FRIDAY, MARCH 7, 1941 Mr. Turner of DeKalb 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. 44 Do pass. Respectfully submitted, Turner of DeKalb, Chairman. Mr. Dunaway 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, that: House Bill No. 617. Do pass. House Bill No. 68o. Do pass. House Bill No. 689. Do pass. House Bill No. 690. Do pass. House Bill No. 691. Do pass. Senate Bill No. 164. Do pass. Respectfully submitted; Dunaway of DeKalb, Chairman. Mr. Blease of Brooks County, Chairman of the Committee on Penitentiary, submitted the following report: Mr. Speaker: Your Committee on Penitentiary 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: t House Resolution No. II'2. Do pass. Respectfully submitted, Blease of Brooks, Chairman. Mr. Strickland of Haralson County, Chairman of the Committee on Public Highways No. 1, submitted the following report: JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on Public Highways No. r 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. 6r. Do pass, as amended. House Bill No. 559 Do pass. Respectfully submitted, Strickland of Haralson, Chairman. Mr. Davis of Coweta County, Chairman of the Committee on Public Library, submitted the following report: Mr. Speaker: Your Committee on Public Library have had under consideration the following resolution of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation: Senate Resolution No. 44-144B. Do pass. Respectfully submitted, Davis of Coweta, Chairman. Mr. Candler of DeKalb Countv, Chairman of the Committee on University System of Ge'lrgia, submitted the foll~wmg report: Mr. Speaker: Your Committee on University System of Georgia has h1d 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. 156. Do not pass. Respectfully submitted, Candler of DeKalb, Chairman. Mr. Lovett of Laurens 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 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. 192. Do pass, by substitute. House Resolution No. 44-239B. Do pass. Senate Bill No. 88. Do pass. House Bill No. 379 Do pass, by substitute. FRIDAY, MARCH 7, 1941 House Bill No. 412. Do not pass. House Bill No. I IJ. Do not pass. House Bill No. 592. Do pass. Respectfully submitted, Lovett of Laurens, Chairman. Mr. Lovett of Laurens County, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker: Your Committee on Ways and Means have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 380. Do pass. House Bill No. 166. Do pass. House Bill No. 465. Do not pass. House Bill No. 436. no not pass. House Bill No. 439 Do pass. House Bill No. 483. Do pass. House Bill No. 449 Do not pass. Senate Bill No. 74 Do pass. Respectfully submitted, Lovett of Laurens, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senators Edwards of the 6th District, Couch of the 52nd District, Redwine of the 26th District, and Coker of the 39th DistrictSenate Bill No. 44 A bill to be entitled an Act to amend an Act known and designated as the "Unemployment Compensation Law," by clarifying the terms and provisions thereof; and for other purposes. By Senator Coxon of the 2nd District- Senate Bill No. 61. A bill to be entitled an Act to protect property by making criminal certain unlawful entries on, injuries to and interferences with property, authorizing the closing of highways; and for other purposes. By Senator Clark of the 44th District- Senate Bill No. 74 A bill to be entitled an Act to amend an Act entitled ".t\n 726 JOURNAL OF THE HOUSE, Act to promote temperance and prosperity for Georgia people; by providing for the licensing of retail dealers and by providing for a license tax on retail dealers by county and municipal authorities"; and for other purposes. By Senator Dobbs of the 22nd District- Senate Bill No. 88. A bill to be entitled an Act to amend Section 56-233 of the Code of 1933, by striking from said section certain language making tax on gross insurance premiums and other fees paid by insurance companies; and for other purposes. By Senator Milhollin of the 46th District- Senate Resolution No. 44-144B. A resolution to be entitled an Act proposing that the State Librarian furnish law books to the ordinaries of Coffee County, and to the Clerk of the Superior Court of Coffee County without cost; and for other purposes. By Senator Whaley of the 45th District- Senate Bill No. 164. A bill to be entitled an Act to amend an Act incorporating the City of Helena, in the County of Telfair, and prescribing the powers, duties and authority of its officers; and for other purposes. By Messrs. Grice, Weaver and Bloodworth of Bibb- House Bill No. 166. A bill to be entitled and Act to amend the Act published in Georgia Laws of 1937 known as the Motor Fuel Tax Law providing that any person, firm or corporation who shall purchase gasoline for agricultural purposes, shall be entitled to a refund of the tax thereon with the exceptions stated; and for other purposes. By Messrs. Simmons and Mills of Decatur- House Bill No. 192. A bill to be entitled an Act to amend an Act of the General Assembly, entitled Income Tax Laws, by providing certain exception~ from the operation of said Act; and for other purposes. By Messrs. Sabados and Wetherbee of Dougherty and Ferguson and Suggs of Sumter- House Resolution No. 44-239B. A resolution confirming suspension of tax on motor fuels used in the training of airp ilots; a resolution by the House of Representatives and the Senate Concurring, that the suspension of the collection of the said herein described be and the same is hereby ratified and confirmed; and for other taxes purposes. By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 379 A bill to be entitled an Act to amend the Intangibles Classification Tax Act appearing in Georgia Laws 1937-38, Extra Session; and for other purposes. FRIDAY, MARCH 7, 1941 By Messrs. Evans of McDuffie, Culpepper of Fayette, Dorsey of Cobb, and Blease of Brooks- House Bill No. 380. A bill to be entitled an Act to amend the Act relating to personal exemptions and credits, etc.; and for other purposes. By Messrs. Lester, Harris and Jones of Richmond, Gowen of Glynn, and Wetherbee of Dougherty- House Bill No. 439 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, so as to define residents; imd for other purposes. By Messrs. Curry of Randolph and Ferguson of Sumter- House Bill No. 483. A bill to be entitled an Act to levy a tax on travelling horse traders or gypsies; and for other purposes. By Messrs. Sills of Candler and Deal and Aiken of Bulloch- Hause Bill No. 559 A bill to be entitled an Act to amend an Act entitled "High- way Mileage" so as to allow additional mileage for the City of Metter, in Candler County; and for other purposes. By Messrs. Dorsey of Cobb and Simmons of Decatur- House Bill No. 592. A bill to be entitled an Act to amend Paragraph 43 of the General Tax Act of 1935, by providing that domestic and domesticated foreign corporations shall be taxed on the same basis; and for other purposes. By Messrs. Lester, Harris and Jones of Richmond- House Resolution No. 103-593A. A resolution to designate route traveled by General Joe Wheeler through Georgia during the War between the States as Joe Wheeler Highway. By Messrs. Candler and Turner of DeKalb- House Bill No. 617. A bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Decatur; and for other purposes. By Mr. Fuller ofToombs- House Bill No. 68o. A bill to be entitled an Act to create and incorporate the City of Santa Clause in the County of Toombs; and for other purposes. By Messrs. Kea and Lovett of Laurens- House Bill No. 689. A bill to be entitled an Act to amend an Act to create a new charter for the City of Dublin; and for other purposes. By Messrs. Kea and Lovett of Laurens- House Bill No. 690. A bill to be entitled an Act to amend the Act to create a new charter for the City of Dublin; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Atkinson, McNall and Grayson of Chatham- House Bill No. 691. A bill to be entitled an Act to confer upon the Savannah Port Authority additional powers with respect to the issuance, sale or exchange of bonds for the construction of facilities authorized thereunder, entering into contracts for the leasing of such facilities; and for other purposes. By unanimous consent, the following bills of the House and Senate were read the third time, and placed upon their passage: By Senator Franklin of the 38th District- Senate Bill No. 171. A bill to be entitled an Act to amend an Act creating a new charter for the City of Rockmart so as to enlarge and extend the corporate limits of said city; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Heard of Elbert- House Bill No. 557 A bill to be entitled an Act to require the County School Superintendent of Elbert County to publish annually a statement of monies collected and disbursed through his office; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 10, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Phillips of Columbia- House Bill No. 565. A bill to be entitled an Act to fix the salary and expenses of the members of the Board of Roads and Revenues of Columbia County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to On the passage of the bill, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Kennedy of Tattnall- House Bill No. 571. A bill to be entitled an Act to reduce the official bond of the Sheriff of Tattnall County to $5,000.00; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. FRIDAY, MARCH 7, 1941 On the passage of the bill, the ayes were I 14, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Smiley of Liberty- House Bill ~o. 575 A bill to be entitled an Act to grant the Commissioner of Roads and Revenues of Liberty County the authority to provide for 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 I IJ, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Mcintosh of Mcintosh- House Bill No. 589. A bill to be entitled an Act to amend an Act to establish the City Court of Darien; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I 2, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Rowland of Johnson: House Bill No. 597 A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for Johnson 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Rowland of JohnsonHouse Bill No. 598. A bill to be entitled an Act to create a Board of Commis- sioners of Roads and Revenues for the County of Johnson; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Southwell of CharltonHouse Bill No. 622. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Charlton; and for other purposes. 730 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 Io8, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Strickland of Haralson- House Bill No. 624. A bill to be entitled an Act to amend an Act fixing the salary of the County Treasurer of Haralson County from $JOO.oo to $6oo.oo per annum; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I IO, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Bennett of Jeff Davis- House Bill No. 64I. A bill to be entitled an Act to create the office of County Custodian for Jeff Davis County; to provide for the method of his appointment; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I I, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Kennedy of Tattnall- House Bill No. 648. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Tattnall; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Taft of Atkinson- House Bill No. 653. A bill to be entitled an Act to repeal an Act to create the office of Commissioner of Roads and Revenue for the County of Atkinson; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I04, the nays o. FRIDAY, MARCH 7, 1941 73 1 The bill having received the requisite constitutional majority was passed. By Mr. Taft of Atkinson- House Bill No. 654. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Atkinson; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Smith and Smitha of Carroll- House Bill No. 678. A bill to be entitled an Act to authorize the Town of Bowden to enact zoning ordinances; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 103, the nays o. 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 Drake of the 8th District- Senate Bill No. 146. 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 Miller County to issue warrant Funding Bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Senator Couch of the 52nd District- Senate Bill No. 169. A bill to be entitled an Act to prohibit counties having over 200,000 population from paying to any person, other than a duly elected tax officer, any compensation based upon the amount of property returned or placed on a tax digest through his efforts; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Couch of the pnd District- Senate Bill No. 170. A bill to be entitled an Act to amend Section 89-801 of the Code of Georgia of 1933 so as to require, in counties having 200,000 population or over, all officers collecting or holding money belonging to any public body to deposit the same on the next succeeding business day after the collection thereof; and for other purposes. Referred to the Committee on Counties and County Matters. 732 JOURNAL OF THE HOUSE, By Senator Edenfield of the 4th District- Senate Bill No. 172. A bill to be entitled an Act relating to the distribution of motion picture films, providing terms and conditions of licensing the same, and providing penalties for violation of this Act; and for other purposes. Referred to the Committee on General Judiciary No. I. Mr. Smith of Carroll moved that the following bill of the House be withdrawn from the Committee on Ways and Means and recommitted to the Committee on General Judiciary No. I: By Messrs. Mann of Whitfield and Smith of Carroll- House Bill No. 635. A bill to be entitled an Act to require a tax paid crown on all soft drinks and bottled drinks; and for other purposes. , Mr. Smith of Carroll withdrew the motion. Mr. Whipple of Bleckley arose to a question of personal privilege and addressed the House. Mr. Ferguson of Sumter arose to a question of personal privilege and addressed the House. Mr. Culpepper- of Fayette asked unanimous consent, that when the House adjourn today, it stand adjourned until Monday morning at 10:00 o'clock, and the request was granted. The following resolution of the House, favorably reported, was read the second time and adopted': By Messrs. Allison of Gwinnett, Willoughby of Clinch, Sheppard of Heard, and Anglin of Stewart- House Resolution No. II2. A RESOLUTION WHEREAS, 1t came to the knowledge of certain members of the House of Representatives when visiting the Tattnall prison at Reidsville, Georgia, on March Ist, 1941, that a colored inmate thereof by the name of Henry Woodard had been transferred on or about March Ist, 1941, from a public works camp in or near Covington, in Newton County, for medical treatment in the hospital in said Tattnall prison, and WHEREAS, said certain members of the House of Representatives found said Henry Woodard, colored, confined in bed in said prison hospital in the pitiful condition of having his feet frozen to such an extent that the prison physician informed said members of the House that one foot would have to be completely amputated and part of the toes of the other removed; and WHEREAS, said members of the Legislature were further intormed by said prisoner that he, for some minor charge of disobedience, of which he contended he was innocent, was ordered by the warden of said camp, Mr. Joe Walton, placed in the FRIDAY, MARCH 7, 1941 733 place of punishment called the "Dog House" or "Hole" on Monday morning, the early part of January, I941; and kept there without heat or sufficient clothing to keep warm, and only bread and water for food, until the following Saturday night. WHEREAS, information, from other sources than the prisoner, as well as the circumstances connected therewith, are, in the name of justice and decency, sufficient to demand that an investigation be made as to this matter and that if found to be true, the warden responsible should be removed, if such has not already been done, from theoffice or position he holds, and that he be immediately brought into a court of proper jurisdiction to answer for this cruel offense, THEREFORE, be it resolved by the House of Representatives that a committee composed of five members of the House be appointed by the speaker to investigate the truthfulness of these charges, with the direction to report their findings to the House within IO days from date. Under the provisions of House Resolution No. I I 2, the Speaker appointed as a Committee to investigate the treatment of Henry Woodard, colored, the following members of the House, to-wit: Messrs. Allison of Gwinnett, Blease of Brooks, Willoughby of Clinch, Sheppard of Heard, and Smith of Barrow. Mr. Callaway of Newton arose to a question of personal privilege and addressed the House. The following report of the Committee on Rules was read: Mr. Speaker: REPORT OF RULES COMMITTEE Your Committee on Rules having had under consideration the matter of fixing a calendar for Friday, March 7, I94I, submits the following report: Your Committee recommends that the following bills and resolutions be set as a special and continuing order of business. I.-House Bill No. 201. Chiropractor bill. 2.-House Resolution No. 454 Local constitutional amendment Toombs County. 3.-House Bill No. I26. Milk Control bill. 4.-House Resolution No. 533 'Local Constitutional amendment Toombs County. 5.-House Bill No. 3I5. School Bond Tax. 734 JOURNAL OF THE HOUSE, 6.-House Resolution No. 561. Local Constitutional Amendment Toombs County. 7.-House Bill No. 282. Trackless Trolleys classified. 8.-House Resolution No. 198. Local Constitutional Amendment Tattnall County. 9.-House Bill No. 416. Amending Adoption Law. ro.-House Resolution No. 534 Local Constitutional Amendment County. II.-House Bill No. 409. Regulating shad fishing in certain waters. Miller 12.-House Resolution No. 190. Local Constitutional Amendment Wilcox County. IJ.-House Bill No. 357 Prior lien of taxes in bank failures. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. The following message was received from the Senate through Mr. Camp, 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 Park of the 19th District- Senate Bill No. r8. A bill to regulate the financial operations of the State, to provide by fixed allowance for travel, transportation, food and lodging, to provide a limit to the allowance made for expenses of the Mansion, to provide for the liability of public officials in the event of expenditure of funds unauthorized; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. ISS To amend an Act approved March r6, 1939, entitled "An Act to provide that Counties having a population of more than two hundred thousand by the United States Census of 1920 or any subsequent census shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service"; and for other purposes. By Senator Couch of the pnd District- Senate Bill No. r59 A bill to provide the time at which primary elections for nomination of county officers shall be held in counties in this State having a population of not less than 2oo,ooo; and for other purposes. By Senators Campbell of the 34th District and Couch of the 52nd District- Senate Bill No. 175. A bill to amend an Act to provide a pension for the police FRIDAY, MARCH 7, 1941 735 department in cities having a population of 150,000 or more in the State of Georgia; and for other purposes. By Mr. Wells of Clayton- House Bill No. 322. A bill to abolish the office of Tax Collector of Clayton County, and to create the office of County Tax Commissioner of said county; and for other purposes. By Messrs. Kea and Lovett of Laurens- House Bill No. 347 A bill governing the collection of costs, fines and forfeitures in the City Court of Dublin; and for other purposes. By Mr. Rossee of Putnam- House Bill No. 417. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam; and for other purposes. By Messrs. Williams and Hardy ofJackson- House Bill No. 435 A bill to amend an Act incorporating the City of Commerce so as to allow the Mayor and Council to license the operation of Box Ball or Bowling Alleys within the limits of said City; and for other purposes. By Mr. Brooks of Mitchell- House Bill No. 467. A bill relating to the City of Camilla, to authorize the Mayor and Council of said City to pass zoning and planning laws; and for other purposes. By Mr. Jackson of Henry- House Bill No. 479 A bill to amend an Act creating the office of Tax Commissioner for Henry County; and for other purposes. By Mr. Goolsby of Monroe- House Bill No. 481. A bill to amend an Act entitled an Act to codify and consolidate various Acts incorporating City of Forsyth; and for other purposes. By Mr. Jackson of Henry- House Bill No. 497 A bill to amend an Act creating the City Court of Henry County approved February 12, 1941; and for other purposes. By Messrs. Dallas, Caldwell and Bruce of Troup- House Bill No. 504. A bill to create a new charter for the City of Hogansville; and for other purposes. By Messrs. Welsch and Dorsey of Cobb- House Bill No. 513. A bill to amend the charter of the City of Marietta; and for other purposes. 736 JOURNAL OF THE HOUSE, By Mr. Boone of Wilkinson- House Bill No. 518. A bill to amend the Act incorporating the City of Gordon; and for other purposes. By Mr. Brinson of Chattooga- House Bill No. 522. A bill to amend the Act incorporating the Town of Menlo in the County of Chattoga; and for other purposes. By Mr. Brooks of Oglethorpe----' House Bill No. 531. A bill to amend an Act to establish the City Court of Lexington, and Acts amendatory thereof, so as to fix the bond of the Sheriff of the City Court of Lexington; and for other purposes. By Messrs. Smith and Smitha of Carroll- House Bill No. 542. A bill to. amend an Act creating and adopting a new charter for the Town of Temple; and for other purposes. By Mr. Smiley of Liberty- House Bill No. 546. A bill amending an Act creating and establishing a new charter for the City of Hinesville; and for other purposes. By Mr. Smiley ofLiberty- House Bill No. 547 A bill to amend an Act creating and establishing a new charter for the City of Hinesville; and for other purposes. The following message was received from the Senate through Mr. Camp, 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. Bloodworth, Grice and Weaver of Bibb- House Bill No. 151. A bill to vest in the County Commissioner of Bibb County additional power and authority; and for other purposes. By Messrs. Kelley and Mavity of Walker- House Bill No. 373 A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph I, of the Constitution of Georgia to authorize Walker County to incur additional bonded indebtedness; and for other purposes. By Mr. Rossee of Putnam- House Bill No. 455 A bill to amend the Act approved August 5th, 1908 (Ga. Laws Igo8, pp. 620, 645), creating and establishing a new charter for the City of Eatonton, etc.; and for other purposes. FRIDAY, MARCH 7, 1941 737 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. Livingston of Polk and Dallis of Troup- House Bill No. 201. A bill to be entitled an Act to repeal the Act authorizing and regulating the practice of Chiropractic in the State of Georgia, etc., so as to modify and change the definition of "Chiropractic", and to prescribe the course of study, etc.; and for other purposes. Mr. Phillips of Columbia moved the previous question, the call was sustained and the main question ordered. An amendment by Mr. Dunaway of DeKalb was read and lost. The following amendment was read and adopted: Mr. Wohlwender of Muscogee moves to amend House Bill No. 201 by striking Section 3 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. Livingston of Polk moved the ayes and nays, and the call was sustained. The roll was called, and the vote was as follows: Those voting in the affirmative were Messrs.: Anglin Ansley Aultman Barber Barlow Bennett Bentley Blease Bloodworth Bowen Boone Bradbury Brooks of Mitchell Brooks of Oglethorpe Caldwell Callaway Campbell Chastain Clements Connell Culpepper Dallis Dalton Dorsey Drake Dunn Dupree Dyal Easler Elliott Ferguson of Camden Ferguson of Sumter Ford Fowler Fuller Gill Gillis Goddard Gowen Graham Grayson Grice Griffin Gueuy Harden Hardman Hatchett Herrin Hogg Holtzendorf Horne Howard Inglis Jackson Johnson of Pike Jones of Richmond Jones of Worth Kennedy Key of Jasper Livingston Maddox Mann Mason McClure Mcintosh McEntire 738 JOURNAL OF THE HOUSE, Mims Pannell Pinkston Pittman Richardson Roberts of Gwinnett Roberts of Walton Roughton Russell Sabados Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smitha Southwell Strickland Suggs Taft Thompson Weaver Wells of Clayton Welsch Whipple Williams of Bacon Williams of Harris Williams of Ware Witherington Wohlwender Wren Yawn Those voting in the negative were Messrs.: Aiken Bates Blackshear Bridges Brinson Bynum Curry Daves Deal Dunaway Edwards Ennis, Marion Etheridge Forester Gavin Hardy Harrison Ingram Kendrick McCracken Mixon Moate Parker Phillips Pilcher Rossee Smiley Tappan Walker Wilbanks Woods Those not voting were Messrs.: Adams Allison Anderson Arnall Atkinson Branch Bruce Candler Cowart Davis Dean Drinkard Ennis, J. H. Foster of Paulding Foster of Towns Gaston Goolsby Gray Greene Gross Hagan Hand Harris Maxwell Hart McNall Hartness Miller Heard Mills Hicks Moore of Lumpkin Hooks Moore of Taliaferro Hunnicutt Moss J ohnsonof Chattahoochee Musgrove Joiner Pettit Jones of Brantley Pickett Jones of Dodge Price Kaigler Rees Kea of Laurens Reiser Kelley Rich Lester Rogers Lewis Rowland Looper Shannon Lovett Sheppard Mankin Sills Martin Simmons Maund Smith of Washington Mavity Swint FRIDAY, MARCH 7, 1941 739 Thigpen Turner Vickers Warnock Wells of Burke Wells of 'l:elfair Wetherbee Williams of Jackson Willoughby Wright On the passage of the bill, as amended, the ayes were 97, the nays 31. The bill having failed to receive the requisite constitutional majority was lost. Mr. Livingston of Polk gave notice that at the proper time, he would move that the House reconsider its action in failing to pass House Bill No. 201. The following bill of the House was taken up for the purpose of considering the Senate amendments thereto: By Messrs. Bloodworth, Grice and Weaver of Bibb- House Bill No. I 51. A bill to be entitled an Act to vest in the County Commissioner of Bibb County additional power and authority; and for other purposes. The following Senate amendments to the bill were read: The Senate amends the Caption of House Bill No. 151 by adding the words "and to provide for the expiration of said act" immediately before the words "and for other purposes," in the caption, and by changing Section 2 to Section 3 and adding to said bill a new Section 2 which shall read as follows: "Section 2. The provisions of this Act shall be effective for four (4) years after January I, 1941, and no longer, provided nothing in this Section shall effect the right or method of collecting the licenses or taxes which have accrued prior to the expiration of this Act," The Senate amends House Bill No. I 51 by striking therefrom wherever they occur, either in the caption or in the body of the Act, the words "without the incorporated limits of the City of Macon" and substituting in lieu thereof the words "other than within the incorporated limits of an incorporated town or city." On agreeing to the Senate amendments, the ayes were II4, the nays 1. The Senate amendments, having received the requisite majority, were agreed to. Mr. Culpepper of Fayette moved that the House do now adjourn, and the motion prevailed. The Speaker announced the House adjourned until Monday morning at Io:oo o'clock. JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Monday, March 10, 1941. 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 Mr. Jackson of Henry. The roll was called and the following members answered to their named: Adams Aiken Anderson Anglin Arnall Atkinson Aultman Barber Barlow Bates Bentley Blackshear Blease Bloodworth Bowen Boone Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman Harris Harrison ~rt Hartness Hatchett Herrin Hicks Hogg Holtzendorf Hooks Home Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Jones of Brantley Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann ~son Maund McClure McCracken Mcintosh McEntire Mims Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove MONDAY, MARCH 10, 1941 741 Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Richardson Roberts of Gwinnett Roberts of Walton Rossee Roughton Rowland Russell Sabados Shannon Sills Simmons Smiley Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke WeJ.ls of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been read and found correct. Mr. Jones of Richmond moved that the reading of the Journal be dispensed with, and the motion prevailed. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rqles of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5. First reading and reference of Senate Bills. By unanimous consent, the following bills and resolutions were introduced, read the first time and referred to the committees: By Mr. Gowen of Glynn- House Bill No. 700. A bill to be entitled an Act to authorize the Commissioners of Roads and Revenues for Glynn County to sell or lease, all or any part of the dedicated area in that subdivision on St. Simons Island, known as "Arnold Villa Estate"; and for other purposes. Referred to the Committee on Counties and County Matters. JOURNAL OF THE HOUSE, By Messrs. Price and Hunnicutt of Clarke- House Bill No. 701. A bill to be entitled an Act to amend an Act to consolidate the Clarke County Board of Health and the Board of Health of the City of Athens, etc.; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Brooks and Hand of Mitchell- House Bill No. 702. A bill to be entitled an Act to propose to the qualified voters an amendment so as to authorize the Board of Education of Mitchell County to make temporary loans; and for other purposes. Referred to the Committee on Amendments to Constitution No. I. By Messrs. Barber and Barlow of Colquitt- House Bill No. 703. A bill to be entitled an Act to amend the Act creating the City Court of Colquitt; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Dorsey of Cobb, Hicks of Floyd, Gross of Stephens, and Harrison of Jenkins- House Bill No. 704. A bill to be entitled an Act to amend an Act which provides that certain companies and persons as named therein shall make their returns for taxation to the Comptroller-General, by adding a provision that persons or companies owning or operating pipe lines for transportation of petroleum or petroleum products shall likewise make their returns to the Comptroller-General, and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Smith and Smitha of Carroll- House Bill No. 705. A bill to be entitled an Act to amend the Act approved August 17, 1908, by increasing the bond of the County Commissioner and Providing for quarterly reports of Financial Condition of the County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Dunaway of DeKalb- House Bill No. 706. A bill to be entitled an Act to amend the Charter of the City of Pine Lake; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Hooks and Woods of Emanuel- House BiU No. 707. A bill to be entitled an Act providing for a two year term for Mayor of the City of Swainsboro; and for other purposes. Referred to the Committee on Municipal Government. MONDAY, MARCH ro, 1941 743 By Mr. Daves of Dooly- House Bill No. 708. A bill to be entitled an Act to create for Mayor and City Council of Vienna a public corporation to be known as Vienna Utility Associates Authority; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Campbell and Livingston of Polk- House Bill No. 709. 'A bill to be entitled an Act to amend an Act to incorporate the town of Van Wert; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Hardman of Madison- House Bill No. 710. A bill to be entitled an Act to amend an Act abolishing the office of tax-receiver and tax-collector of Madison County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Jones, Lester, and Harris of Richmond- House Bill No. 711. A bill to be entitled an Act to amend an Act creating a Board of Civil Service Commission for the City of Augusta; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Davis and Arnall of Coweta- House Bill No. 712. A bill to be entitled an Act to amend the "Highway Mileage" Act to allow additional mileage to Coweta County; and for other purposes. Referred to the Committee on Public Highways No. r. By Mr. Anderson of Wayne-- House Bill No. 713. A bill to be entitled an Act to amend an Act incorporating and creating a new Charter for the City of Jesup; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Joiner of Cook, and Connell of Lowndes- House Bill No. 714. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment, so as to authorize the County of Cook to incur a bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No.2. By Mr. Dorsey of Cobb- House Bill No. 71 5 A bill to be entitled an Act to amend an Act authorizing the Mayor and Council of the City of Marietta to order and have held an election to determine whether or not bonds shall be issued for the purpose of purchasing, establishing, maintaining, building and acquiring a system of waterworks in the City of 744 JOURNAL OF THE HOUSE, Marietta; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Wren of Glascock- House Resolution No. 121-71 sA. A resolution authorizing the State Librarian to furnish a certain book to the Ordinary of Glascock County; and for other purposes. Referred to the Committee on Public Library. By Messrs. -Parker and Roberts of Walton, Yawn, and Jones of Dodge- House Resolution No. 122-715B. A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment, so as to apportion the members of the House of Representatives among the several counties by allowing three representatives each to the 8 counties having the largest population, etc., and for other purposes. Referred to the Committee on Amendments to Constitution No. I. By Messrs. Chastain and Hart of Thomas- (By Unanimous Consent) House Resolution No. 123-715C. A resolution that the sum of $5,700.00 be and is hereby appropriated to be paid to Thomas County and the Governor is hereby authorized and directed to draw his warrant for the same out of any funds in the Treasury of the State; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Lovett and Kea of Laurens- House Bill No. 716. A bill to be entitled an Act to amend the Act to create a new Charter for the City of Dublin; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Atkinson, Grayson, and McNall of Chatham- House Bill No. 717. A bill to be entitled an Act to amend the several Acts relating to and incorporating the City of Savannah; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Yawn and Jones of Dodge- House Bill No. 718. A bill to be entitled an Act to amend an Act to establish the City Court of Eastman; and for other purposes. Referred to the Committee on Municipal Government. Mr. Ferguson of Camden County, Chairman of the Committee on Game and Fish, submitted the following report: MONDAY, MARCH 10, 1941 745 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. 253 Do pass. House Bill No. 519. Do pass. House Bill No. 580.. Do pass. House Bill No. 255 Do pass. House Bill No. 647. Do pass. Respectfully submitted, Ferguson of Camden, Chairman. Mr. Ferguson of Camden 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 and resolutions of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 577 Do pass. House Resolution No. 116. Do pass. Respectfully submitted, Ferguson of Camden, Chairman. Mr Pannell of Murray County, Chairman of the Committee on General Judiciary No. 1, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. 1 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back, to the House with the following recommendations: House Bill No. 52. Do pass. House Bill No. 6o6. Do pass. House Bill No. 607. Do pass. Respectfully submitted, Pannell of Murray, Chairman. Mr. Chastain of Thomas County, Chairman of the Committee on Counties and County Matters, submitted the following report: JOURNAL OF THE HOUSE, Mr. Speaker: Your Committee on Counties and County Matters 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: House Bill No. 692. Do pass. House Bill No. 554 Do pass. Senate Resolution No. 26-SoA. Do Pass. Respectfully submitted, Chastian of Thomas, Chairman. Mr. Pannell of Murray County, Chairman of the Committee on General Judiciary No. 1, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. I 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. 450. Do pass, by substitute. Respectfully submitted, Pannell of Murray, Chairman. Mrs. Mankin of Fulton County, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance have had under consideration the following bill of the Senate and have instructed me, as. Chairman, to report the same back to the House with the following recommendation: Senate Bill No. So. Do pass. Respectfully submitted, Mrs. Mankin of Fulton, Chairman. Mr. Callaway of Newton County, Chairman of the Committee on Special Appropriations, submitted the following report: Mr. Speaker: Your Committee on Special Appropriations have had under consideration the following bill and 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. 478. Do pass. MONDAY, MARCH w, 1941 747 House Resolution No. 51-278A. Do pass. Respectfully submitted, Callaway of Newton, Chairman. Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 649. Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senators Redwine of the 26th, Clark of the 44th, Edenfield of the 4th, Smith of the 24th Districts- Senate Bill No. 8o. A bill to be entitled an Act permitting insurance companies doing business in Georgia to make voluntary deposits with the State Treasurer; ~nd for other purposes. By Senator Smith of the 24th District- Senate Resolution No. 26-8oA. A resolution to authorize the Commissioners of Roads and Revenues of Muscogee County, to pay back salary of Thomas L. Bowden as Judge of the City Court of Columbus; and for other purposes. By Messrs. Boone of Wilkinson, Pannell of Murray, Evans of McDuffie, Mann of Whitfield, Bruce of Troup, Smith of Hall- House Bill No. 52. A bill to be entitled an Act to provide that Insurance Com- panies may be joined as party defendants in every case where coverage is afforded a private carrier or automobile owner; and for other purposes. By Mr. Ferguson of Camden- House Resolution No. II6. A resolution proposing that a committee be appointed by the Speaker of the House and President of Senate to advise with the Commissioner of the Department of Conservation on matters pertaining to conservation; preservation of the natural resources of this State; and to inspect the various projects and operations of this department; and for other purposes. By Mr. Hagan of Screven- House Bill No. 253 A bill to be entitled an Act to regulate the catching of fish in Screven County; and for other purposes. JOURNAL OF THE HOUSE, By Mr. Hagan of Screven- House Bill No. 255 A bill to be entitled an Act to repeal an Act to regulate the hunting of deer, squirrels, wild turkeys, doves and quail in and for the County of Screven; and for other purposes. By Mr. Hagan of Screven- House Resolution No. 51-278A. A resolution appropriating $459.83 to reimburse Barrett Overstreet; and for other purposes. By Messrs. Candler, Dunaway and Turner of DeKalb, Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Bill No. 450. A bill to be entitled an Act to amend an Act so as to include the possession, lending or transportation of any indecent or obscene pictures or literature, or articles of indecent and obscer;te use; and for other purposes. By Mr. Mixon of Irwin- House Bill No. 478. A bill to be entitled an Act to appropriate the amount of $10,000 to be expended by the Director of State Parks for the completion and beau tification of a memorial at Jefferson Davis Memorial Park located near lrwinvine; and for other purposes. By Messrs. Anderson of Wayne, and Greene of Jones- House Bill No. 519. A bill to be entitled an Act to prohibit the selling, giving away, etc., of prawn or shrimp head; and for other purposes. By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton- House Bill No. 554 A bill to be entitled an Act to amend an Act giving all counties in this State having a population of 100,000 or more the right to establish and maintain law libraries, etc., and tor other purposes. By Messrs. Gowen of Glynn, Ferguson of Camden, Mcintosh of Mcintosh, and Smiley of Liberty- House Bill No. 577 A bill to be entitled an Act to amend an Act relating to the taxation of distributors of dealers in oysters, shrimp, prawn and crab; and for other purposes. By Mr. Mcintosh of Mcintosh, and Smiley of Liberty- House Bill No. 580. A bill to be entitled an Act to amend an Act relating to the hag limit on game birds and animals; and for other purposes. By Messrs. Mann of Whitfield, Smith of Carroll, and Pannell of Murray- House Bill No. 6o6. A bill to be entitled an Act to provide for appointment of an agent for insurance companies in counties wherein policies of insurance are sold when insurer has no agent in such counties on whom service may be perfected; and for other purposes. MONDAY, MARCH 10, 1941 749 By Messrs. Mann of Whitfield, Smith of Carroll, and Pannell of Murray- House Bill No. 6o7. A bill to be entitled an Act to provide that a by-law, rule or regulation of any insurance company shall not be binding upon the insured, nor admissable in evidence unless fully set forth in the contract of insurance; to provide for size of type in printing of policies of insurance, admissability in evidence; and for other purposes. By Messrs. Bynum of Rabun, and Rowland of Johnson- House Bill No. 647. A bill to be entitled an Act to amend an Act to provide for the payment of a license by certain persons ~shing within the State of Georgia; and for other purposes. By Mr. Williams of Ware- House Bill No. 649. A bill to be entitled an Act creating the State Park Authority; authorizing the Authority to construct, operate and maintain self-liquidating projects embracing the completion of the Confederate Memorial on the side of Stone Mountain, parks, recreational areas, lakes, housing accommodations and utilities and other facilities, etc.; and for other purposes. By Mr. Anderson of Wayne- House Bill No. 6q2. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenue for the County of \Vayne; and for other purposes. By unanimous consent, the following bills of the House and Senate were read the third time, and placed upon their passage: By Senator Whaley of the 45th DistrictSenate Bill No. 164. A bill to be entitled an Act to amend an Act incorporating the City of Helena; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Candler, and Turner of DeKalbHouse Bill No. 617. A bill to be entitled an Act to amend an Act creating and establishing a new Charter for the City of Decatur; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays 0. The bill having received the requisite constitutional majority was passed. By Mr. Fuller of ToombsHouse Bill No. 68o. A bill to be entitled an Act to create and incorporate the JOURNAL OF THE HOUSE, City of Santa Clause; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Kea and Lovett of Laurens- House Bill No. 689. A bill to be entitled an Act to amend the Act to create a new Charter for the City of Dublin; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Lovett and Kea of Laurens- House Bill No. 690. A bill to be entitled an Act to create a new Charter for the City of Dublin; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Atkinson, Grayson, and McNall of Chatham- House Bill No. 691. A bill to be entitled an Act to confer upon the Savannah Port Authority additional powers; and for other purposes. The following substitute to House Bill No. 691 was read and adopted. By Messrs. Atkinson, Grayson, and McNall of Chatham- AN ACT An Act to confer upon the Savannah Port Authority, acting pursuant to Article VII, Section II, Paragraph I of the Constitution of the State of Georgia, additional powers with respect to the issuance, sale or exchange of bonds for the construction of facilities authorized thereunder, entering into contracts for acquiring, constructing and leasing of such facilities, to define the liability upon debts and obligations of the said Port Authority, fix the status of its Bonds, and to provide for the validation thereof; and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in order to enable the Savannah Port MONDAY, MARCH 10, 1941 75 1 Authority to finance the construction of facilities and to issue bonds pursuant to and as authorized by Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, with the greatest possible dispatch, in order that such facilities may be leased to ship building plants engaged in the Defense Program of the United States Government, the Savannah Port Authority is hereby authorized and empowered, subject to the approval of the Mayor and Aldermen of the City of Savannah, to enter into contracts for the acquisition, purchase, and leasing of land, and.to contract for the construction of facilities, and to issue and dispose of bonds therefor in such manner and containing such terms and conditions as may be agreed upon by the Savannah Port Authority, and the contracting party leasing said land, or facilities, or constructing said facilities or purchasing said bonds, and the Savannah Port Authority is hereby expressly authorized and empowered to execute and perform all such contracts in accordance with the terms thereof, including particularly the power to sell said bonds for cash, or exchange said bonds for property or services, and to construct improvements and contract for the construction of improvements, without regard to restrictions and limitations contained in any law governing municipalities or political subdivisions of the State of Georgia. SECTION 2. The Mayor and Aldermen of the City of Savannah shall not be liable in any manner to any person for or upon any contract, agreement, or other Act or omission of the said Savannah Port Authority, its officers, agents or employees. Neither the members of satd Port Authonty nor any person executing its Bonds shall be liable personaJly on the Bonds by reason of the :ssuance thereof, and the members of the Port Authonty shall not be personally liable for any Act or thing done or performed in their official capacities. The Bonds and other obligations of said Port Authority shall not be a debt of the City of Savannah and in no event shall said Bonds of said Port Authority be payable out of any funds or properties other than those of the said Port' Authority specifically pledged to secure the Bonds. SECTION 3 The bonds shall not be construed to constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. The bonds of the said Port Authority being issued for public and governmental purposes shall be exempt from taxes .n the same manner and to the same extent as bonds of other governmental bodies. SECTION 4 VALIDATION OF BONDS. Any bond issued under the authority and provisions of Section I of this Act or under any other law or constitutional amendment, dealing with the powers of said Savannah Port Authority may be validated by Savannah Port Authority in the Super:or Court of Chatham County, Georgta by notifying the Solicitor General of the Eastern Judicial Circuit of the fact of a resolution by said Savannah Port Authonty and of the approval of the Mayor and Aldermen of the City of Savannah of said action, expressing the intention of satd Savannah Port Authority to issue said bonds or of the issuance thereof, which notice shall be accompani~d by a certified copy of the Resolution of Savannah Port Authority au- 752 JOURNAL OF THE HOUSE, thorizing said bonds. Such service shall be personal. All other proceedings in connection with such validation shall be had in conformity to the general laws of the State providing for validation of bonds by County, Municipality or other political division and such validation shall have the same effect as provided by the general law of the state in such cases. SECTION 5 Be it further enacted by authority of the same that all laws and parts of laws inconsistent herewith be and the same are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute. On the passage of the bill, by substitute, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed by subst1tute. Bv unanimous consent, the following bills and resolutiOns of the Senate were read the first time and referred to the committees: By Senator Park of the 19th District- Senate Bill No. 18. A bill to be entitled an Act to regulate the financial operations of the State; to provide by fixed allowance for travel, transportation, food and lodging; to provide a limit to the allowance made for expenses of the Mansion; to prOvide for the liability of public officials in the event of expenditure of funds unauthorized; and for other purposes. Referred to the Committee on State of Republic. By Senator Couch of the 52nd District- Senate Bill No. I55 A bill to be entitled an Act to amend an Act to provide that counties having a population of more than two hundred thousand population shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries, now in active service; and for other purposes. Reff'rred to the Committee on Counties and County Matters. By Senator Couch of the 52nd District- Senate Bill No. 159 A bill to be entitled an Act to provide the time at which primary elections for nomination of county officers shall be held in counties having a population of not less than 2oo,ooo; and for other purposes. Referred to the Committee on Counties and County Matters. By Senators Campbell of the 34th, and Couch of the 52nd Districts- Senate Bill No. 175. A bill to be entitled an Act to provide a pension for the police Department in cities having a population of I 50,000 or more in the State of Georgia; and for other purposes. Referred to the Committee on Municipal Government. MONDAY, MARCH IO, I94I 753 The following resolution of the House was read: By Messrs. Russell of White and Williams, and Hardy of JacksonHouse Resolution No. I24. A resolution to n:~me the bridge across the Chatta- hoochee River in honor of former Governor L. G. Hardman. The Speaker referred the resolution to the Committee on Historical Research. Mr. Taft of Atkinson moved that the following bill of the House be taken from the table: By Messrs. Vickers of Coffee and Taft of Atkinson- House Bill No. 91. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. On the motion to take from the table, the ayes were I I9, the nays o. The bill was taken from the table. Mr. Taft of Atkinson moved that the following bill of the House be taken from the table: By Mr. Vickers of Coffee- House Bill No. 92. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. On the motion to take from the table, the ayes were I I 5, the nays o. The bill was taken from the table. Mr. Mims of Miller moved that the House insist on its substitute to the followmg bill of the Senate, to-wit: By Senator Drake of the 8th District- Senate Bill No. 70. A bill to be entitled an Act to amend the Act consolidating and superseding the several Acts incorporating the City of Colquitt; and for other purposes. The ~otion prevailed. Mr. Mims of Miller moved that a Committee of Conference be appointed o~ the part of the House to confer with a like Committee on the part of the Senate on Senate Bill No. 70, and the motion prevailed. The Speaker appointed as a Committee of Conference the following members of the House, to-wit: Messrs. Mims of Miller, Calloway of Newton, and Gross of Stephens. 754 JOURNAL OF THE HOUSE, Mr. Livingston of Polk moved that the House reconsider its action in failing to pass the following bill of the House: By Messrs. Livingston of Polk and Dallis of Troup- House Bill No. 201. A bill to be entitled an Act to repeal the Act authorizing and regulating the practice of Chiropractic in the State of Georgia, etc., so as to modify and change the definition of "Chiropractic", and to prescribe the course of study, etc.; and for other purposes. On the motion to reconsider, the ayes were 97, the nays 31. The bill was reconsidered. The following report of the Committee on Rules was read and adopted: REPORT OF RULES COMMITTEE Mr. Speaker: Your Committee on Rules having had under consideration the matter of fixing a calendar for Monday, March 10, 1941, submits the following report: Your Committee recommends that the following bills and resolutions be set as a special and continuing order of business: 1. House Bill No. 296 providing for a home guard. 2. House Bill No. 126, Milk Controt Bill. 3 House Bill No. 274, Legislative Reapportionment Bill. 4 House Bill No. 315, School Bond Tax. 5 House Bill No. 282, Trackless Trolleys Classified. 6. House Bill No. 416 amending adoption law. 7 House Bill No. 409 regulating shad fishing in certain waters. 8. House Bill No. 357, Prior Lien of taxes in bank failures. 9 House Bill No. 146, State Office Holders to hold jobs when inducted 111 military service. 10. House Bill No. 81 amending absentee ballot law. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. 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. Roughton of Washington and Bates of WareHouse Bill No. 296. A bill to be entitled an Act to establish a Home Guard; and for other purposes. MONDAY, MARCH IO, 1941 755 Mr. Welsch of Cobb moved the previous question, the call was sustained and the main question ordered. The following Committee substitute to House Bill No. 296 was read: To be entitled an Act to authorize the Governor to organize and maintain a State Council of Defense; to provide for its dissolution by the Governor; to prescribe the powers and duties of a State Council of Defense; to delegate to such State Council of Defense power to perfect its internal organization and to prescribe rules and regulations for its government and operation, and for other purposes. BE IT ENACTED by authority of the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: SECTION I. Article I. This Act mav be cited as the "State Council of Defense Act," by which term it may be kno~n and referred to. SECTION 2. Article I. The Governor is hereby authorized and empowered in time of emergency or public need in the National or the State, to be adjudged of by him, to create by proclamation a State Council of Defense, hereinafter designated as the "Council", for the general purpose of assisting in the coordination of the State and local activities related to National and State Defense. Whenever he deems it expedient, the Governor may, by proclamation, dissolve or suspend-such Council, or any part thereof, or reestablish it after any such dissolution or suspension. SECTION 3 Article I. The Council shall consist of five, (5) members appointed by and holding office during the pleasure of the Governor. The Governor shall serve as Chairman of the Council. He shall designate one of the members of the Council as Vice-Chairman. Appointment of members shall be made with reference to their special knowledge of industry, agriculture, consumer protection, labor, education, health, welfare, or other subjects relating to National or State Defense. Article 2. The Council may, by and with the consent of the Governor, employ an executive director and such technical, clerical, stenographic, and other personnel, and fix their compensation, and may make such expenditures within the appropriation therefor, or other funds made available to it, as are necessary to carry out the purpose of this Act. Article 3 The members of the Council shall serve without compensation, but may be reimbursed for their actual and necessary traveling and other expenses incurred in connection with attendance upon meetings of the Council. Article 4 The Council shall be provided with such office space, furniture, equipment, supplies, stationery and printing as the Governor might determine, in the same manner as other State agencies are supplied. SECTION 4 Article I. The Council shall have the following powers and duties: (1) To adopt, amend, and repeal rules, regulations and by-laws governing its procedure and activities, inclusive of the establishment of units and detailed organization. JOURNAL OF THE HOUSE, (2) To cooperate with the Advisory Commission to the Council of National Defense through its Division of State and local cooperation, or with any similar Federal Agencies hereafter created, and with any departments or other Federal agencies engaged in defense activities. (J) To cooperate with similar councils of defense in other States. (4) To cooperate with local defense councils. (5) To supervise and direct investigations, and report to the Governor with recommendations for legislation or other appropriate action as it may deem necessary, with respect to the following matters insofar as they are or may be related to defense. (a) Industrial materials and facilities. (b) Production and manufacturing facilities. (c) Agriculture, food supply, and bnd use. ~d) Transportation facilities. (e) Labor supply and training, labor relations, and human resources, professions, trades, and skills. (f) Consumers and consumer production. (g) Housing and related facilities. (h) Health, hospitals, and sanitation facilities. (i) Welfare. (j) Educational facilities. (k) Recreational areas and facilities. (1) Finance (m) Civil Liberties, including but without limitatiOn, the protection thereof, maintenance of law and order, and measures to guard agamst sabotage and subversive activities. (n) Civil defense, including police mobilization, co-ordination for fire prOtection, and disaster relief. (o) Any other type of activity directly or indtrectly related to defense. (6) To create committees, either within or without its membership, to aid it in the discharge of its powers and duties. (7) To require and direct the cooperation and assistance of State and local governmental agencies and officials. (8) To make full investigatiOn as to all questions directly or indirectly relating to the powers or duties vested in it by this Act, or by any other law. MONDAY, MARCH 10, I94I 757 (9) To do all acts and things, not inconsistent with law, for the furtherance of defense activities. SECTION 5 Article I. The Council shall establish a Section to be known as the State Defense Corps for the purposes contemplated in this Act with divisions as follows: (a) State Guard. (b) Home Guard. (c) Air Corps. SECTION 6. Article I. All units and divisions of the State Defense Corps shall be subject to call by the Governor under the provisions of this Act hereinafter stated, but it shall not be inducted into Federal Service, nor shall it be employed in any servtce outside of the State of Georgia. SECTION 7 Article I. The purpose of the State Guard is to perform all the duties heretofore performed in the State by the National Guard. Article 2. To be organized at strategic locations in the State, preferably in those locations where National Guard units originally existed, in order to have the use of the armory facilities previously used by the National Guard. Article 3 All State Guard will be organized in accordance with Table of Organization 7-26 and 7-27, published by the War Department, dated Novembet I, I940, which provides for the organization of military police companies and battalions (zone of the interior). These troops to be well armed and highly trained and subject to emergency call under the same rules and regulations as provided by law for calling the National Guard out for emergency service, at the discretion of the Governor and the Adjutant General. Article 4 Personnel of this Department should be made up largely of men with previous military training and those others who are not subject to draft in accordance with the National Selective Service law. SECTION 8. Article I. Purpose of the Home Guard is as follows: (a) For guard duty of bridges, highways, public buildings, utilities and communication plants and systems. (b) To act as air raid wardens and operate on air raid warning net-work. (c) To act as auxiliary firemen. (d) To direct civilian evacuation activities. (e) To become auxiliary troops for combat purposes should the need arise. Article 2. Those troops are to be organized by each county and municipality and will not be subject for duty elsewhere. Article 3 The organization of such a force would relieve the mobile State Guard from many duties to which it is an unnecessary waste of manpower to assign JOURNAL OF THE HOUSE, highly mobile troops. Article 4 In any event, this is a strictly military matter and, except indirectly, does not affect the operation of Civilian Plan for Defense. Consequently, with the limitation suggested above, it will be left in the hands of those qualified to handle it. Article 5 Personnel of the Home Guard should be made up of citizens of each county or city whose patriotism or loyalty to the Government of the Unites States cannot be questioned, preferably those men who have the respect and esteem of the citizens of the county or city. The Home Guard being an organization to be stationary in the locality in which it is organized should have business and professional men of the locality as leaders who could not become members of the State Guard because of this responsibility to their business or profession. Persons with slight physical handicaps may be utilized in positions for which they can qualify, thus allowing men physically fit, for more a~duous duty in case of an emergency. SECTION 9 Article 1. Purpose of the Air Corps is as follows: (a) To organize and train civilian pilots for military purpose in case of aNational emergency. (b) To register all civilian pilots and planes in the State and classify them according to their usefulness. (c) To supervise construction and maintenance of permanent and emergency air fields through the State. (d) To coordinate the efforts of those in charge of Air defense of the Federal Government and those of the State. (e) To assist in training new pilots and mechanics for National defense. Article 2. Personnel of this Department should be made up of men who have had .some training in flying, or those interested in Air defense, not already in military servtce. SECTION 10. Article 1. The Governor is hereby empowered to use such funds for 'the organization and maintenance of units for the National defense and for the preservation of order within the State of Georgia provided for in this Act as he might deem necessary, such funds to be drawn by him from any appropriation, or appropriations, made for the maintenance of the National Guard. The Council and the Governor, are authorized to fix the pay of any person serving in the State Defense Corps, and such pay shall not exceed that now allowed by law for service in the National Guard. SECTION 11. Article 1. Organization tables now of force in the National Guard shall govern in any of the sections or units contemplated by and established by this Act. The Governor is authorized to appoint the officers and non-commissioned officers and specialists required for the proper government, training and effective use of the several sections and units created, or authorized, hereunder, and such officers and non-commissioned officers and specialists shall serve at the pleasure of the Governor. The Governor may delegate to the Council or to the unit com- MONDAY, MARCH IO, I94I 759 manders the authority to commission non-commissioned officers and to designate specialists and other grades and ranks in the non-commissioned branches. SECTION I 2. Article 1. Be it further enacted that all laws or parts of laws m conflict herewith are repealed. The following amendment to the substitute was read and adopted: Messrs. Roughton of Washington, Hicks of Floyd and Bates of Ware, move to amend Substitute to House Bill No. 296 in the following particulars: By adding to Section 8 a new Article to be designated Article 6, and to read as follows: Article 6. The officers and elisted personnel of each Unit of the State Guard, the Home Guard and the Air Corps, created by Section 5 of this Act shall, under appropriate regulations to be adopted by the Council, elect their respective Unit Commanders. The following amendment to the committee substitute was read: Messrs. Lester, Harris and Jones of Richmond move to amend the substitute to House Bill No. 296 by adding the following after Section eleven (II) Article (I) one, to-wit: SECTION I2. Article 1. All members of the National Guard, enlisted Reserve Corps, Officers Reserve Corps, Naval Reserve, Marine Corps Reserve, those persons inducted into the Army by the Selective Training and Service Act, approved September I6, I940, and Public Resolution No. 96, 76th Congress, and the families of such military and naval personnel who have their passenger automobiles duly registered under the laws of their home state shall not be required to have such motor vehicles registered in Georgia so long as their military or naval duty requires them to be in the territorial limits of Georgia. Article 2. All members of the regular Army and Marine Corps, and officers and enlisted personnel of the Navy who are regularly stationed in Georgia shall not be required to register their passenger automobiles until the expiration of the license year for which such vehicles are registered. Such persons, while on temporary duty, shall be extended the same privileges as set forth in Paragraph I. Article 3 The individuals in the above described classes, so long as they have in their immediate possession a valid operator's license issued to them by their home state, shall not be required to procure to register their vehicles in Georgia. Section I2. Article I be numbered Section IJ, Article 1. On the adoption of the amendment, the ayes were I02, the nays 1. The amendment was adopted. 'The following amendment to the committee substitute was read and adopted: Mr. Bloodworth of Bibb moves to amend the substitute House Bill No. 296 and JOURNAL OF THE HOUSE, the caption thereof and by adding thereto another paragraph to be appropriately numbered and to read as follows: (a) The Flag should be displayed only from sunrise to sunset, or between such hours as may be designated by proper authority. It should be hoisted briskly, but should be lowered slowly and ceremoniously. The Flag should be displayed on all National and State holidays and on historic and special occasions. (However, being the emblem of our country, it ought to fly from every flagpole every day throughout the year, weather permitting.) (b) When carried in a procession with another flag or flags, the Flag of the United States of America should be either on the marching right, i.e., the Flag's own right, or when there is a line of other flags, the Flag of the United States of America may be in front of the center of that line. (c) When displayed with another flag against a wall from crossed staffs, the Flag of the United States of America should be on the right, the Flag's own right, and its staff should be in front of the staff of the other flag. (d) When a number of flags of States or ci'ties or pennants of societies are grouped and d.J.splayed from staffs with the Flag of the United States of America, the latter should be at the center or the highest point of the group. (e) When flags of State or cities or pennants of cities or pennants of societies are flown on the same halyard with the Flag of the United States of America, the latter should always be at the peak. When flown from adjacent staffs the Flag of the United States of America should be hoisted first and lowered last. No such flag or pennant flown in the former position should be placed above, or in the latter position to the right of the Flag of the United States of America, i. e., to the observer's left. (f) When flags of two or more nations are displayed they should be flown from separate staffs of the same height and the flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. (g) When the Flag is displayed from a staff projecting horizontally or at an angle from the window sill, balcony or front of building, the union of the Flag should go clear to the peak of the staff unless the Flag is at half-staff. (When the Flag is suspended over a sidewalk from a rope, extending from a house to a pole at the edge of the sidewalk, the Flag should be hoisted out from the building towards the pole, union first.) (h) When the Flag is displayed in a manner other than by being flown from a staff, it should be displayed flat, whether indoors or out. When displayed either horizontally or vertically against a wall the union should be uppermost and to the Flag's own right, i. e., to the observer's left. When displayed in a window it should be displayed the same way, that is, with the union or blue field to the left of the observer in the street. When festoons, rosettes, or drapings are desired, bunting of blue, white and red should be used, but never the Flag. (i) When displayed over the middle of the street, the Flag should be suspended MONDAY, MARCH 10, 1941 vertically with the union to the north in an east and west street or to the east in a north and south street. (j) When used on a speaker's platform, the Flag, if displayed flat, should be displayed above and behind the speaker; if flown from a staff, it should be in the position of honor, at the speaker's right. It should never be used to cover the speaker's desk nor to drape over the front of the platform. (k) When used in connection with the unveiling of a statue or monument, the Flag should form a distinctive feature during the ceremony, but the Flag itself should never be used as the covering for the statue. (!) When flown at half-staff, the Flag should be hoisted to the peak for an instant and then lowered to the half-staff position; but before lowering the Flag for the day it should be raised again to the peak. By half-staff is meant hauling down the Flag to one-half the distance between the top and the bottom of the staff. If local conditions require, divergence from this position is permissible. On Memorial Day, May 30th, the Flag is displayed at half-staff from sunrise until noon and at full staff from noon until sunset; for the Nation lives and the Flag is the symbol of the living Nation. (m) Flags flown from fixed staffs are placed at half-staff to indicate mourning. When the Flag is displayed on a small staff, as when carried in a parade, mourning is indicated by attaching two streamers of black crepe to the spear head, allowing the streamers to fall naturally. Crepe is used on the flag-staff only by order of the President. (n) When used to cover a casket, the Flag should be placed so that the union is at the head and over the left shoulder. The Flag should not be lowered into the grave nor allowed to touch the ground. The casket should be carried foot first. (o) When the Flag is displayed in, the body of the church, it should be from a staff placed in the position of honor at the congregation's right as they face the clergyman. The service flag, the State Flag or other flag should be at the left of the congregation. If in the chancel or on the platform, the Flag of the United States of America should be placed at the clergyman's right as he faces the congregation and the other flags at his left. (p) When the Flag is in such a condition that it is no longer a fitting emblem for display, it should not be cast aside or used in any way that might be viewed as disrespectful to the National colors, but should be destroyed as a whole privately, preferably by burning or by some other method in harmony with the reverence and respect we owe to the emblem representing our Country. BE IT FURTHER ENACTED that notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. In so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. JOURNAL OF THE HOUSE, The committee substitute, as amended, was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended. On the passage of the bill, by substitute, as amended, Mr. Jones of Brantley moved the ayes and nays, and the call was not sustained. On the passage of the bill, by substitute, as amended, the ayes were I 24, the nays I. The bill having received the requisite constitutional majority was passed, by substitute, as amended. Mr. Jones of Brantley asked to be recorded in the Journal as voting against the bill. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit: By Mr. Rossee of Putnam- House Bill No. 123. A bill to amend the school laws of the City of Eatonton so as to provide for the payment direct of all State funds due the schools of said City; and for other purposes. By Messrs. Hunnicutt and Price of Clarke- House Bill No. 418. A bill to amend an Act incorporating the Board of Education of Athens; and for other purposes. By Mr. Vickers of Coffee- House Bill No. 603. A bill to amend an Act to create a new Charter for the City of Douglas; and for other purposes. By Mr. Vickers of Coffee- House Bill No. 604. A bill to amend an Act to create a new Charter for the City of Douglas; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. 104. A bill to amend Section 84-1404 of the Code relating to the creation of the Georgia Real Estate Commission; and for other purposes. By Senator Campbell of the 34th District- Senate Bill No. 126. A bill to amend Chapter 95-15 of the Code so as to authorize the State Highway Department to curb and pave sidewalks adjacent to certain State Highways; and for other purposes. MONDAY, MARCH IO, I94I By Senator Smith of the 24th District- Senate Bill No. I82. A bill to regulate the salaries of stenographic reporters of the Superior Courts of all judicial circuits of this State and all counties having there- in a City with a population of not less than 5o,ooo or more than 55,ooo; and for other purposes. By Senator Mason of the Joth District- Senate Bill No. I87. A bill to amend Article 7, Section 7, Paragraph I, of the Constitution so as to authorize Hart County to issue refunding bonds; and for other purposes. By Senator Drake of the 8th District- Senate Resolution No. J8-IJ7A. A resolution proposing an amendment to the Constitution providing for $3.00 per day to each member of the General Assembly as subsistence; and for other purposes. By Senators Clark of the 44th, Fortson of the 5oth Districts and others- Senate Resolution No. 42-I4oC. A resolution proposing an amendment to Article 7, Section 7, Paragraph I, of the Constitution by providing that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political sub-division issuing such obligations; and for other purposes. By Senator Fortson of the 5oth District- Senate Resolution No. 43-I44A. A resolution by the Senate, the House of Representatives concurring, that State Highway Department be and the same is hereby authorized and directed to make to the Commissioners of Roads and Reve- nues of Wilkes County such restitution as may be authorized under the laws of this State and under the policies of the Highway Board; and for other purposes. By Senator Mason of the 30th District- Senate Resolution No. 51-I85A. A resolution authorizing the State Librarian to furnish certain law books to the Ordinary of Hart County; and for other purposes. The Senate has passed by substitute by the requisite constitutional majority the following bill of the House, to-wit: By Mr. Gross of Stephens- House Bill No. 299 A bill to repeal an Act providing that in the Counties of this state, having a population of not less than I2,64o and not more than I2,655, the residents of individual school systems shall have the right to vote in primaries; and for other purposes. The Senate has concurred in the House substitute to the following bill of the Senate: By Senator Campbell of the 34th DistrictSenate Bill No. I24. A bill providing for an additional and cumulative method JOURNAL OF THE HOUSE, of fixing salaries or sole compensation for certain officers in certain counties; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has concurred in the House amendment to the following bill of the Senate, tO-wit: By Senator Campbell of the 34th District- Senate Bill No. I25. A bill to amend an Act to amend an Act changing the classes and amounts of commission allowed to tax-receivers and tax-collectors of State and County taxes; and for other purposes. Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration, and read the third time: By Messrs. Elliott of Muscogee, Greene of Jones, Mavity of Walker, McNall of Chatham and Connell of Lowndes- House Bill No. 126. A bill to be entitled an Act to amend the Act creating the Milk Control Board so as to extend the time limit of its expiration to January I, I946; and for other purposes. A substitute by Mr. Turner of DeKalb was read. Mr. Key of Jasper moved the previous question, the call was sustained, and the main question ordered. The following amendment to the original bill was read and adopted: Mr. Elliott of Muscogee moves to amend House Bill No. 126 by inserting after the quotation mark in line I9 of the caption and after the quotation mark in line IS of Section I of the bill the following language, to-wit: "and all Acts amendatory thereof." An amendment to the original bill by Mr. Gowen of Glynn was read and lost. An amendment to the original bill by Mr. Turner of DeKalb was read and lost. The following amendment to the Turner substitute was read and adopted: Mr. Gross of Stephens moves to amend the Turner substitute to House Bill No. 126 so as to place the Department of Agriculture under the Milk Control Board. The substitute offered by Mr. Turner of DeKalb 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 ayes were IJ2, the nays I. MONDAY, MARCH IO, I94I The bill having received the requisite constitutional majority was passed, as amended. Mr. Turner of DeKalb asked to be recorded in the Journal as voting for House Bill No. I26. By unanimous consent, the House recessed for one hour. 2:00 o'clock P. M. The Speaker called the House to order. The following report of the Committee on Rules was read: REPORT OF RULES COMMITTEE Mr. Speaker: Your Committee on Rules having had under consideration the matter of fixing a calendar for the afternoon session on Monday, March 10, I94I, submits the following report: Your Committee recommends that the following be established as a special and continuing order for said afternoon session: I. All local Constitutional Amendments, the same to be placed on their passage by the Speaker of the House in their numerical order. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. 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. Witherington of Wilcox- House Bill No. I89. 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 Abbeville Consolidated School District, of Wilcox County 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 a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of January I, I94I, and which becomes due up to and including January I, I942; 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 past due and unpaid on January I, I94I, or which may become due up to and including January I, I942; to provide for the submission of the amendment for ratification by the people, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby JOURNAL OF THE HOUSE, enacted by authority of the same, that Article 7, Section 7, Paragraph I, 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 Abbeville Consolidated School District of Wilcox County may issue refunding bonds not in excess of the aggregate sum of $2J,ooo.oo 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, I94I, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and incl_uding January I, I 942, 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 bv the Abbeville Consolidated School District of Wilcox Countv to be used exclusiv~ly for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January I, I94I, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January I, 1942. Said refunding bonds shall be issued when authorized by a resolution of the Board of Trustees of Abbeville Consolidated School District, and shall be validated as provided by law." SECTIOK 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 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, same 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 Abbeville Consolidated School District of \Vilcox County 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 Abbeville Consolidated School District, of Wilcox County, to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon shall vote for ratification thereof, when the 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: MONDAY, MARCH 1o, 1941 767 Those voting in the affirmative were Messrs.: Adams Anglin Atkinson Aultman Barber Barlow Bates Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dyal Easler Edwards Etheridge Ferguson of Camden Ford Forrester Foster of Paulding Foster of Towns Fuller Gaston McCracken Gavin Mcintosh Gill McEntire Gillis Mims Goddard Moate Goolsby Moore of Taliaferro Gowen Musgrove Graham Pannell Gray Parker Grayson Pickett Greene Pilcher Grice Pinkston Griffin Richardson Guerry Roberts of Gwinnett Hagan Roberts of Walton Hand Roughton Hardman Rowland Harris Russell Harrison Sabados Hartness Shannon Hatchett Simmons Heard Smiley Herrin Smith of Hall Hicks Smith of SchleY Hogg Smith of Washington Hooks Smitha Horne Southwell Howard Strickland Hunnicutt Suggs Inglis Swint Ingram Taft Jackson Turner Johnson of Chattahoochee Walker Johnson of Pike Warnock Jones of Richmond Weaver Kaigler Wells of Telfair Kea of Laurens Welch Kelley Wetherbee Kendrick Whipple Kennedy Wilbanks Key of Jasper Williams of Bacon Lewis Williams of Harris Looper Williams of Ware Lovett Willoughby Maddox Witherington Mann Woods Maund Wren McClure Y~wn JOURNAL OF THE HOUSE, Those not voti.ng were Messrs.: Aiken Allison Anderson Ansley Arnall Bennett Bruce Caldwell Callaway Dallis Dupree Elliott Ennis, J. H. Ennis, Marion Ferguson of Sumter Fowler Gross Harden Hardy Hart Holtzendorf Joiner Jones of Brantley Jones of Dodge Jones of Worth Lester Livingston Mankin Martin Mason Mavity Maxwell McNall Miller Mills Mixon Moore of Lumpkin Moss Pettit Phillips Pittman Price Rees Reiser Rich Rogers Rossee Sheppard Sills Smith of Barrow Smith of Carroll Tappan Thigpen Thompson Vickers Wells of Burke Wells of Clayton Williams of Jackson Wohlwender Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 144, the nays o. The bill having received the requisite twa-thirds constitutional majority was passed. By Mr. Witherington of Wilcox- House Bill No. I90. A RESOLUTION Proposing 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 County of Wilcox 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 a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of July I, 1940, and which becomes due up to and including July I, I942; 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 past due and unpaid on July I, I940, or which may become due up to and including July I, 1942; to provide for the submission of the amendment for ratification by the people; and for other purposes. BE IT AND IT IS HEREBY ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: SECTION I. That Article 7, Section 7, Paragraph I of the Constitution of MONDAY, MARCH IO, I94I 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 Wilcox may issue refunding serial bonds not in excess of the aggregate sum of $48,ooo.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said county outstanding, past due and unpaid on July I, I940, and any bonded indebtedness and interest thereon of said County outstanding and which becomes due up to and including July I, I942, 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 County of Wilcox to be used exclusively for the pur- pose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of July I, I940, and any bonded indebtedness and interest thereon out- standing and which becomes due up to and including July I, I942. Said refunding bonds shall be issued when authorized by a resolution of the officials of Wilcox County charged with the duty of managing its affairs, and shall be validated as provided by law." SECTION 2. When said amendment shall be agreed to by twO-thirds of the members of each House, and the "ayes" and "nays" thereon recorded in their respective Journals, the same shall be published and submitted to the qualified voters of the State, and the result consolidated and declared in the manner provided by the Act approved March 24, 1939 (Georgia Laws 1939, pages 305, 307). 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. On the .passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Arnall Aultman Barber Barlow Bentley Blackshear Blease Bloodworth Bowen Boone Branch Bridges Brinson Brooks of Mitchell Bynum Caldwell Campbell Candler Chastain Clements Connell Cowart Curry Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dyal Easler Edwards Etheridge Ford Forrester Foster of Paulding Foster of Towns Fuller Gaston Gavin Gill Gillis Goolsby Gowen Graham Gray Greene Grice JOURNAL OF THE HOUSE, Griffin Key of Jasper Guerry Lester Hagan Lewis Hand Lovett Harden Maddox Hardman Mann Harris Mason Harrison McClure Hartness McCracken Hatchett Mcintosh Heard McEntire Herrin Mims Hicks Moate Hogg Moore of Taliaferro Hooks Musgrove Horne Pannell Howard Parker Hunnicutt Pettit Inglis Phillips Ingram Pickett Jackson Pilcher Johnson of Chattahoochee Pinkston Johnson of Pike Rees Jones of Brantley Richardson Jones of Richmond Roberts of Gwinnett Kaigler Roberts of Walton Kea of Laurens Rossee Kelley Roughton Kendrick Rowland Kennedy Russell Those not voting were Messrs.: Aiken Allison Anderson Anglin Ansley Atkinson Bates Bennett Bradbury Brooks of Oglethorpe Bruce Callaway Culpepper Dallis Dean Dunn Dupree Elliott Ennis, J. H. Ennis, Marion Ferguson of Camden Ferguson of Sumter Fowler Goddard Grayson Gross Hardy Hart Holtzendorf Joiner Jones of Dodge Jones of Worth Sabados Shannon Sills Simmons Smiley Smith of Hall Smith of Washington Smitha Southwell Strickland Suggs Swint Thompson Turner Walker Warnock Weaver Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Woods Wren Livingston Looper Mankin Martin Maund Mavity Maxwell McNall Miller Mills Mixon Moore of Lumpkin Moss Pittman Price Reiser MONDAY, MARCH 10, I94I 771 Rich Rogers Sheppard Smith of Barrow Smith of Carroll Smith of Schley Taft Tappan Thigpen Vickers Wells of Burke Wells of C]ayton Williams of Jackson Wohlwender Wright Yawn On the passage of the bill, the ayes were I40, the nays o. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Kennedy of Tattnall- House Bill No. I98. A bill to be entitled an Act to amend the Constitution of Georgia so as to permit the City of Reidsville to incur additional bonded indebtedness and for other purposes. The following substitute to House Bill No. I98 was read and adopted: A BILL To be entitled an Act to propose to the qualified voters of Georgia an amend~ ment to Article 7, Section 7, Paragraph I, of the Constitution of Georgia, so as to authorize the Citv of Reidsville to incur a bonded indebtedness in addition to that heretofore authoriz~d by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness and interest thereon of said City due and unpaid as of January I, I94I, and any outstanding bonded indebtedness and interest thereon due up to and including December I, I95o; 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 due and unpaid on January I, I94I, and any bonded indebtedness and interest thereon which becomes due up to and including December I, I95o; to provide for the submission of the amendment for ratification by the people; and for other purposes. Section I. 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 I, 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 Reidsville, Georgia, may issue refunding serial bonds without restriction as to the limitation of taxable values of property for bond purposes, not in excess of the aggregate sum of $IJ,500.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said city outstanding past due and unpaid on January I, I94I, and any bonded indebtedness and interest thereon of said city outstanding and which becomes due up to and including December I, I 950, and prov;ded 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 Reidsville to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January I, I94I, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including December 772 JOURNAL OF THE HOUSE, I, I950. Said refunding bonds shall be issued when authorized by a majority vote of the Mayor and Council of the City of Reidsville, 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 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, same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph I, of the Constitution authorizing the City of Reidsville, 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 City of Reidsville, 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 consolid~ted 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 I, 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, by substitute. On the passage of the bill, by substitute, the roll was called, and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Anglin Arnall Aultman Barber Barlow Bentley Blackshear Blease Bloodworth Bowen Boone Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Etheridge Ferguson of Camden Ford Forrester Foster of Paulding Foster of Towns MONDAY, MARCH 10, 1941 773 Fuller Jones of Richmond Gaston Kaigler Gavin Kea of Laurens Gill Kelley Gillis Kendrick Goolsby Kennedy Gowen Key of Jasper Graham Lewis Gray Looper Grayson Lovett Greene Maddox Grice Mann Griffin Mason Guerry Maund Hagan McClure Hand McCracken Harden Mcintosh Hardman McEntire Harris Mims Harrison Moate Hartness Moore of Thliaferro Hatchett Moss Herrin Musgrove Hicks Pannell Hogg Parker Hooks Pettit Horne Phillips Howard Pilcher Hunnicutt Pinkston Inglis Rees Ingram Richardson Jackson Roberts of Gwinnett Johnson of Chattahoochee Roberts of Walton Johnson of Pike Rossee Jones of Brantley Roughton Those not voting were Messrs.: Aiken Allison Anderson Ansley Atkinson Bates Bennett Bradbury Bruce Callaway Dallis Dean Ennis, J. H. Ennis, Marion Ferguson of Sumter Fowler Goddard Gross Hardy Hart Rowland Russell Sabados Shannon Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Ware Witherington Woods Wren Wright Heard Holtzendorf Joiner Jones of Dodge Jones of Worth Lester Livingston Mankin 774 JOURNAL OF THE HOUSE, Martin Mavity Maxwell McNall Miller Mills Mixon Moore of Lumpkin Pickett Pittman Price Reiser Rich Rogers Sheppard Smith of Barrow Smith of Carroll Tappan Thigpen Vickers Williams of Jackson Willoughby Wohlwender Yawn On the passage of the bill, by substitute, the ayes were I 52, the nays o. The bill having received the requisite two-thirds constitutional majority was -passed, by substitute. Under the provisions of Senate Resolution No. IJ, A resolution providing the appointment of a Joint Committee to determine the line between the States of North Carolina and Tennessee, the Speaker appointed on the part of the House the following Members, to-wit: Messrs. Dorsey of Cobb, Hunnicutt of Clarke, Wright of Gilmer, Mavity of Walker, and Forrester of Dade. 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. Forrester of Dade- House Bill No. 238. 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 County of Dade 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 a portion of its existing bonded indebtedness and interest thereon due and unpaid as of January I, I940, and which becomes due up to and including January I, I945; 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 due and unpaid on January I, I940, or which may become due up to and including January I, I945; to provide for the submission of the amendment for ratification by the people; and for other purposes. Section I. 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: MONDAY, MARCH 10, I94I 775 "And except that the County of Dade may issue refunding bonds not in excess of the aggregate sum of $32,ooo.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said county outstanding past due and unpaid on January I, I940, and any bonded indebtedness and interest thereon of said county outstanding and which becomes due up to and including January I, I945, 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 County of Dade to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of January I, I940, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January I, I945 Said refunding bonds shati be issued when authorized by a resolution of the Ordinary of Dade 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 hav~ written or printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph r, of the Constitution authorizing the County of Dade 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 County of Dade 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 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Anglin Arnall Aultman Barber Barlow Bates Bentley Blackshear Blease Bloodworth Bowen Boone Branch Bridges Brinson Brooks of Mitchell Bynum Caldwell Campbell Candler Clements Connell Cowart JOURNAL OF THE HOUSE, Culpepper Curry Dalton Daves Davis Deal Dorsey Drake Dunaway Dunn Dupree Dyal Easler Edwards Elliott Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goolsby Gowen Graham Gray Greene Grice Griffin Guerry Hand Harden Hardman Harris Harrison Hartness Hatchett Herrin Hogg Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Jones of Brantley Jones of Richmond Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lewis Looper Lovett Maddox Mann Mason Maund McClure McCracken Mcintosh McEntire :Mims :Moate Moore of Taliaferro Moss :Musgrove Pannell Parker Pettit Phillips Pilcher Those not voting were Messrs.: Aiken Allison Anderson Ansley Atkinson Bennett Bradbury Brooks of Oglethorpe Pinkston Rich Richardson Roberts of Gwinnett Roberts of Walton Rossee Roughton Rowland Russell Sabados Shannon Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Thompson. Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Ware Witherington Woods Wright Yawn Bruce Callaway Chastain Dallis MONDAY, MARCH Io, I94I 777 Dean Drinkard Ennis, J. H. Ennis, Marion Goddard Grayson Gross Hagan Hardy Hart Heard Hicks Holtzendorf Joiner Jones of Dodge Jones of Worth Lester Livingston Mankin Martin Mavity Maxwell McNall Miller Mills Mixon Moore of Lumpkin Pickett Pittman Price Rees ReiserRogers Sheppard Smith of Barrow Smith of Carroll Tappan Thigpen Vickers Williams of Jackson Willoughby Wohlwender Wren By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were I49, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Witherington of Wilcox- House Bill No. 242. A BILL 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 City of Abbeville 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 July I, I940, and which becomes due up to and including May I, I943; 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 due and unpaid on July I, I940, or which may become due up to and including May I, I943; to provide for the submission of the amendment for ratification by the people, and for other pur- ~~ . Section I. 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 I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the and thereof a new paragraph in the following words, to-wit: "And except that the City of Abbeville may issue refunding serial bonds not in excess of the aggregate sum of '$22,000 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said county outstanding past due and unpaid on July I, I940, and any bonded indebtedness and interest thereon of said county outstanding and which becomes due up to and including May I, I943, and provide for the assessment and collection of an annual tax, sufficient in amount to JOURNAL OF THE HOUSE, 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 Abbeville to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July I, I940, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including May I, I943 Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Abbeville charged with the duty of managing its corporate affairs, 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, same 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 Abbeville 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 City of Abbeville 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 ratificaton thereof, when the result shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall becme 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. 242 was read and adopted: Mr. Witherington of Wilcox moves to amend House Bill ~o. 242, by striking the word "County" in 4th line of Section I and inserting in lieu thereof the word "City" so that said line shall read, "and interest thereon of said City outstanding past due"; also striking the word "County" in line 6 and inserting in lieu thereof the word "City" so that said line shall read, "interest thereon of said City outstanding and which becomes-." 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 was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Anglin Arnall Aultman Barber Barlow Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Bynum Caldwell Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Etheridge Ferguson of Camden Ford Forrester Foster of Paulding Foster of Towns Fuller Gaston Gavin Gill Gillis Goolsby Gowen Graham Gray Greene Grice MONDAY, MARCH 10, 1941 779 Griffin Parker Guerry Phillips Hand Pilcher Harden Pinkston Hardman Rich Harris Richardson Harrison Roberts of Gwinnett Hartness Roberts of Walton Hatchett Rossee Herrin Roughton Hicks Rowland Hogg Russell Hooks Sabados Horne Sills Howard Simmons Hunnicutt Smiley Inglis Smith of Hall Ingram Smith of Schley Jackson Smith of Washington Johnson of Chattahoochee Smitha Johnson of Pike Sout;hwell Jones of Brantley Strickland Jones of Richmond Suggs Kaigler Swint Kea of Laurens Taft Kelley 'fhompson Kendrick Turner Kennedy Walker Key of Jasper Warnock Lewis Weaver Maddox Wells of Burke Mann Wells of Clayton Mason Wells of Telfair Maund Welsch McClure Wetherbee McCracken Whipple Mcintosh Wilbanks McEntire Williams of Bacon Mims Williams of Harris Moate Williams of Ware Moore of Taliaferro Witherington Moss Woods Musgrove Wright Pannell Yawn JOURNAL OF THE HOUSE, Those not voting were Messrs.: Aiken Allison Anderson Ansley Atkinson Bates Bennett Boone Brooks of Oglethorpe Bruce Callaway Dallis Dean Elliott Ennis, J. H. Ennis, Marion Ferguson of Sumter Fowler Goddard Grayson Gross Hagan Hardy Har Heard Holtzendorf Joiner Jones of Dodge Jones of Worth Lester Livingston Looper Lovett Mankin Martin Mavity Maxwell McNall Miller Mills Mixon Moore of Lumpkin Pettit Pickett Pittman Price Rees Reiser Rogers Shannon Sheppard Smiley Smith of Barrow Smith of Carroll Tappan Thigpen Vickers Williams of Jackson Willoughby Wohlwender Wren The verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 144, the nays o. The bill having received the requisite two-thirds constitutional majority was passed, as amended. The following resolution of the House was read and adopted: By Mr. Sabados of Dougherty- House Resolution No. 125. A resolutwn requesting an extension of time for members of the House to file their income tax returns. The following resolution of the House was read: By Messrs. Atkinson and Grayson of Chatham, Mankin of Fulton, Pickett of Pickens, Hagan of Screven, and Lovett of Laurens- House Resolution No. 126. A resolution inviting the Honorable Wendell Wilkie to visit the State during the 1941 Red Cross Roll Call. On the adoption of the resolution, the ayes were 97, the nays 8. The- resolution was adopted. Under the order of business established by the Committee on Rules the following bills and resolutions of the House were taken up for consideration and read the third time: MONDAY, MARCH IO, I94I By Mr. Witherington of Wilcox- House Bill No. 266...,...- 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 Wilcox County, by vote of Its fiscal authority, to issue, in addition to all other bonds, Funding Bonds sufficient m amount to pay off and retire the designated warrant indebtedness 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 legalize tax levies and to authonze the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME: SECTION I. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: "Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Wilcox Couhty is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governingauthority of said County, which date shall be not earlier than IO days and not more than 6o days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as 'Funding Bonds'. "In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said county, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed JOURNAL OF THE HOUSE, by the Chairman of said governing authority, a member of the governing authority, and the clerk, and countersigned by the Treasurer of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year I94I and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuring year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in anywise affect or impair the validity of said Funding Bonds. _ "Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Wilcox County but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 I, of the Constitution, so as to authorize Wilcox County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 I, of the Constitution, so as to authorize Wilcox County to issue Funding Bonds, thereafter to operate on a cash basis, 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 7, Section 7, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. MONDAY, MARCH 10, 1941 SECTION 3 Be it further enacted, that all laws or parts of laws in conflict herew1th be, and the same are, hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anderson Anglin Arnall Aultman Barber Barlow Blease Bloodworth Bowen Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dalton Daves Deal Dorsey Drake Drinkard Dunaway Durm Dupree Dyal Easler Edwards Elliott Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Harris Harrison Hartness Hatchett Herrin Hicks Hogg Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Pike Jones of Brantley Jones of Richmond Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Looper Maddox Mann Mason Maund McClure McCracken Mcintosh McEntire Mims Moate Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pilcher Pinkston Richardson Roberts of Gwinnett Roberts of Walton Roughton Rowland Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley JOURNAL OF THE HOUSE, Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Thompson Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Woods Wright Yawn Those not voting were Messrs.: Allison Ansley Atkinson Bates Bennett Bentley Blackshear Boone Branch Bruce Callaway Dallis Davis Dean Ennis, J. H. Ennis, Marion Goddard Gross Hardy Hart Heard Pittman Holtzendorf Price Johnson of Chattahoochee Rees Joiner Reiser Jones of Dodge Rich Jones of Worth Rogers Kaigler Rossee Lewis Russell Livingston Sabados Lovett Smith of Barrow Mankin Smith of Carroll Martin Tappan MavitY Thigpen Maxwell Turner McNall Vickers Miller Whipple Mills Williams of Jackson Mixon Wohlwender Moore of Lumpkin Wren Pickett By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 145, the nays o. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Thigpen of Evans- House Bill No. 278. A BILL 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 City of Claxton 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 MONDA~ MARCH I~ I~I July I, I94I, and which becomes due up to and including January I, I943; 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 due and unpaid on July I, I94I, or which may become due up to and including January I, I943; to provide for the submission of the amendment for ratification by the peapie, 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 I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end theref a new paragraph in the following words, to-wit: "And except that the City of Claxton may issue Refunding Serial Bonds not in excess of the aggregate sum of $5oo.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, past due and unpaid on July I, I94I, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including January I, I943, 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 all such refunding bonds so issued by the City of Claxton to be used exclusively for thepurpose ofpaying and retiring said bonded indebtedness and interest thereon due and unpaid as of July I, I94I, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January I, I943 Said Refunding Bonds shall be issued when authorized by an ordinance of the officials of the City of Claxton charged with the duty of managing its corporate affairs, 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 on 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, same 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 printe:i on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph I, of the Constitution authorizing the City of Claxton 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 City of Claxton to issue Refunding Bonds." And if a majority of the elector.s 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 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 report of the committee, which was favorable to the passage of the bill, was agreed to. JOURNAL OF THE HOUSE, 786 On the passage of the bill, the r~ll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anderson Anglin Arnall Aultman Barber Barlow Bentley Blease Bloodworth Bowen Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Chastain Clements Connell Cowart Culpepper Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dupree Easler Edwards Etheridge Ferguson of Camden Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Harris Harrison Hartness Hatchett Herrin Hicks Hogg Hooks Horne Howard Hunnicutt Inglis Jackson Johnson of Pike Jones of Richmond Kaigler Kea of Laurens Kelley Kendrick Kennedy Lewis Looper Lovett Maddox Mann Mason McClure McCracken Mcintosh McEntire Mims Moate Moore of Taliaferro Moss Musgrove Pannell Parker Phillips Pinkston Reiser Richardson Roberts of Gwinnett Roberts of Walton Roughton Rowland Sabados Shannon Sills Simmons Smiley Smith of Hall Smith of Schley Smitha Southwell Strickland Suggs Swint Taft Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Ware Witherington Wright Yawn MONDAY, MARCH IO, I94I Those not voting were Messrs.: Allison Ansley Atkinson Bates Bennett Blackshear Boone Branch Bruce Callaway Candler Curry Dallis Dean Dunn Dyal Elliott Ennis, J. H. Ennis, Marion Ferguson of Sumter Goddard Gross Hardy Hart Pickett Heard Pilcher Holtzendorf Pittman Ingram Price Johnson of Chattahoochee Rees Joiner Rich Jones of Brantley Rogers Jones of Dodge Rossee Jones of Worth Russell Key of Jasper Sheppard Lester Smith of Barrow Livingston Smith qf Carroll Mankin Smith of Washington Martin -=rappan Maund Thigpen Mavity Vickers Maxwell Williams of Jackson McNall Willoughby Miller Wohlwender Mills Woods Mixon Wren Moore of Lumpkin Pettit By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were IJ7, the nays o. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Rowland of Johnson- House Bill No. 287. 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 Adrain (Ist) Consolidated School District of Emanuel, Johnson and Treutlen Counties, Georgia, to incur a bonded indebtedness in addition to that heretofore authori- zed by the Constitution and laws of Georgia, for the purpose of refunding and retiring a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of January I, I94I, and which becomes due up to and including January I, I942; 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, past due and unpaid on January I, I94I, or which may become due up to and including January I, I942; to provide for the submission of the amendment for ratification by the people, and for other purposes: Section I. 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 I, JOURNAL OF THE HOUSE, 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 Adrain (rst) Consolidated School District of Emanuel, Johnson and Treutlen Counties, Georgia may issue refunding bonds not in excess of the aggregate sum of $I5,ooo.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on January r, 1941, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including January I, 1942, 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 Adrain (rst) Consolidated School District, of Emanuel, Johnson and Treutlen Counties, Georgia, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and .interest thereon past due and unpaid as of January I, I94I, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January r, I942. Said Refunding Bonds shall be issued when authorized by a resolution of the Board of Trustees of Adrain (rst) Consolidated School District of Emanuel, Johnson and Treutlen Counties, 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 a 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, same shall at said general election be submitted to the people for ratifi~ation. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written ?r printed on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph r, of the Constitution autlwrizing Adrain (rst) Consolidated School District of Emanuel, Johnson and Treutlen Counties, 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 to Article 7, Section 7, Paragraph I, of the Constitution, authorizing the Adrain (rst) Consolidated School District of Emanuel, Johnson and Treutlen Counties, 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 requi[ed 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: MONDAY, MARCH 10, 1941 789 Those voting in the affirmative were Messrs.: Adams Aiken Anderson Anglin- Arnall Aultman Barber Barlow Bates Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Chastain Clements Connell Cowart Curry Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dupree Dyal Easler Edwards Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Maddox Fuller Mann Gaston Mason Gavin McClure Gill McCracken Gillis Mcintosh Goolsby McEntire Gowen Moate Graham Moore of Taliaferro Gray Moss Greene Musgrove Grice Pannell Griffin Parker Guerry Pickett Hagan Pilcher Hand Pinkston Harden Reiser Hardman Rich Harris Richardson Harrison Roberts of Gwinnett Hartness Roberts of Walton Hatchett Roughton Herrin Rowland Hicks Sabados Hogg Shannon Holtzendorf Sills Hooks Simmons Horne Smiley Howard Smith of Hall Hunnicutt Smitha Inglis Southwell Ingram Suggs Jackson Swint Johnson of Chattahoochee Taft Johnson of Pike Thompson Jones of Brantley Turner Jones of Richmond Walker Kaigler Warnock Kea of Laurens Weaver Kelley Wells of Burke Kendrick Wells of Clayton Kennedy Wells of Telfair Key of Jasper Welsch Lester Wetherbee Lewis Whipple Looper Wilbanks JOURNAL OF THE HOUSE, Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Woods Wright Yawn Those not voting were Messrs.: Allison Ansley Atkinson Bennett Boone Bruce Callaway Candler Culpepper Dallis Dean Dunn Elliott Ennis, J. H. Ennis, Marion Fowler Goddard Grayson Gross Hardy Hart Heard Joiner Jones of Dodge Jones of Worth Livingston Lovett Mankin Martin Maund Mavity Maxwell McNall Miller Mills Mims Mixon Moore of Lumpkin Pettit Phillips Pittman Price Rees Rogers Rossee Russell Sheppard . Smith of Barrow \ Smith of Carroll Smith of Schley Smith of Washington Strickland Tappan Thigpen Vickers Williams of Jackson Wohlwender Wren By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were I46, the nays o. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Bennett of Jeff Davis- House Bill ~o. 294 A BILL An Act to propose to the qualified voters of Georgia an amendment to Article j, Section 7, Paragraph I, of the Constitution of Georgia, so as to authorize the City of Hazlehurst 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 a portion of its existing bonded indebtedness and interest thereon past due and unpaid as of January I, I94I, and which becomes due up to and including November I, I941; to provide that the funds raised from such additional indebtedness shall be used exclusively for the retirement of said bonded indebtedness, and interest thereon past due and unpaid on January r, 1941, or which may become due up to and including November r, 1941; to provide for the submission of the amendment for ratification by the people, and for other purposes. MONDAY, MARCH 10, I94I Section I. 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 I, 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 Hazlehurst may issue refunding bonds not in excess of the aggregate sum of $I5,ooo for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding past due and unpaid on January I, I94I, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including November I, I94I, 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 fall due; the proceeds of all such refunding bonds so issued by the City of Hazlehurst to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of January I, I94I, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including November I, I94I. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Hazle~rst charged with the duty of managing its corporate affairs, 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 submtted 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 Hazlehurst 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 City of Hazlehurst 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 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. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anderson Anglin Ansley Arnall Aultman Barber Barlow 792 JOURNAL OF THE HOUSE, Bates Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Chastain Clements Connell Cowart Curry Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dupree Dyal Easler Edwards Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Fuller Gaston Gavin Gill Gillis Goolsby Gowen Moate Graham Musgrove Grayson Pannell Greene Parker Grice Pickett Griffin Pilcher Guerry Pinkston Hagan Reiser Hand Rich Harden Richardson Hardman Roberts of Gwinnett Harris Roberts of Walton Harrison Roughton Hartness Sabados Hatchett Shannon Herrin Sills Hicks Simmons Hogg Smith of Hall Hooks Smitha Horne Southwell Howard Suggs Hunnicutt Taft Inglis Thompson Ingram Turner Jackson Walker Johnson of Chattahoochee Warnock Johnson of Pike Weaver Jones of Brantley Wells of Clayton Jones of Richmond Wells of Telfair Kea of Laurens Welsch Kelley Wetherbee Kendrick Whipple Kennedy Wilbanks Key of Jasper Williams of Bacon Lester Williams of Harris Lewis Williams of Ware Maddox Willoughby Mann Witherington Mason Woods McClure Wright McCracken Yawn Mcintosh Mr. Speaker McEntire Those not voting were Messrs.: Allison Atkinson Bennett BentleY Branch Bruce Callaway Candler Culpepper MONDAY, MARCH ro, 1941 793 Dallis Dean Dunn Elliott Ennis, J. H. Ennis, Marion Foster of Towns Fowler Goddard Gray Gross Hardy Hart Heard Holtzendorf Joiner Jones of Dodge Jones of Worth Kaigler Livingston Looper Lovett Mankin Martin Maund Mavity Maxwell McNall Miller Mills Mims Mixon Moore of Lumpkin Moore of Taliaferro Moss Pettit Phillips Pittman Price Rees Rogers Rossee Rowland Russell Sheppard Smiley Smith of Barrow Smith of Carroll Smith of Schley Smith of Washington Strickland Swint Tappan Thigpen Vickers Wells of Burke Williams of Jackson Wohlwender Wren By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 137, the nays o. The bill having received the requisite twO-thirds constitutional majority was passed. By Mr. Inglis of Habersham- House Resolution No. 58-326A. A RESOLUTION Proposing an amendment to Article VIII, Section IV, Paragraph I of the Constitution of Georgia, authorizing the County of Habersham to assume the school bonded indebtedness of the several school districts and municipalities, and to authorize the County Board of Education to recommend the levy of a sufficient tax millage over a period of years to pay the principal and interest of school bonded indebtedness, to provide that Habersham County shall constitute one school district under the supervision and control of the County Board of Education; to provide county-wide elections for making this amendment mandatory; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION r. That Article VIII, Section IV, Paragraph I of the Constitution of Georgia, as heretofore amended, be further amended by adding at the end thereof a new subparagraph as follows: "The tax-levying authorities of Habersham County, upon the recommendation of the Habersham County Board of Education, shall levy a sufficient 794 JOURNAL OF niE HOUSE, rate of taxation on all property in Habersham County to pay the interest and provide sufficient amount of sinking fund to retire school bonds of the various local school districts and municipalities now outstanding or hereafter issued by the County in accordance with the law; the school bonded indebtedness of the various districts and municipalities shall remain a valid obligation against the several school districts and municipalities and be paid by the districts as they were constituted when bonds were voted, until the County of Habersham shall make necessary arrangements to assume the school bonded indebtedness of the various districts and municipalities. When these bonds shall. have been assumed by Habersham County there shall be levied annually a tax sufficient in amount to pay principal and interest of said bonds so assumed and no more tax levied and collected for bond purposes in the various districts and municipalities other than the tax herein provided for; no rights of the holders of any bonds to be affected by the assumption of the County of the obligation to pay said bonds.' "All territory within the county of Habersham shall constitute one school district, and shall be under the supervision and control of the County Board ot Education. "The school district maintenance tax in effect at the passage of this Act in the several school districts of the county shall be abolished and in lieu thereof the County Board of Education ;lf Habersham is hereby authorized to recommend to the tax-levying authorities and said authorities authorized and directed upon such recommendation to levy a county-wide school district maintenance tax from one to five mills, in addition to the five mills county-wide maintenance tax now authorized by law, provided that this tax shall be used to pay the cost of lights, water, fuel, and other maintenance costs for the operation of all schools of the county and provided that homestead exemption laws in effect shall apply to this maintenance tax. , SECTION 2. Upon the ratification of this amendment, it shall be the duty of the Ordinary of Habersham County to call an election to determine whether or not the provisions of this constitutional amendment shall become operative in Habersham County and mandatory upon the officers herein named to exercise the powers herein granted; said election shall be held under the general laws governing special elections in this state, except as herein provided; but if a majority of the qualified voters of Habersham County participating in the general election should vote in favor of ratifying this constitutional amendment at the general election to be held on Tuesday after the first Monday in June, 1941, then it shall not be necessary for the Ordinary of Habersham County to call a special election; provided, however, that should a majority of the voters of Habersham County vote against this constitutional amendment in the election to be held on Tuesday after the first Monday in June, 1941, then if and when this amendment shall be ratified by the people of Georgia it shall be the duty of the Ordinary of Habersham County to call a special election within one year after the ratification and approval of this constitutional amendment by the people of Georgia, the county to pay the expenses of said election or elections to pass upon said amendment, which election shall be held in the same manner as other elections are held in said county except as herein provided. SECTION 3 Notice of said election shall be published by the Ordinary in the MONDAY, MARCH I~ I~I 795 official county organ once a week for four consecutive weeks before said election ;s held. All persons voting at said election in favor of making the provisions of this amendment mandatory upon said officers shall have written or pr:nted on _the=r ballots the words: "For establishing in Habersham County a county-unit school system" and all persons opposed thereto shall have written or printed on their ballots the words: "Against establishing in Habersham County a county-unit school system." The returns of said election shall be made to said Ord;nary, and the result declared by him. If a majority of the qualified voters of Habersham County voting in said election shall vote in favor of making th:s amendment operative in Habersham County and requiring the officers here~n named to exercise the powers herein granted, the provisions of this amendment shall become operative in Habersham County when said result is declared by the Ordinary, and it shall become mandatory upon the officers herein named to exercise the powers granted in this amendment. If the first election held should be adverse to this amendment, it shall be the dutv of the Ordinary of Habersham County to again submit to the voters of Habersha~ County the question of whether this amendment shall become operative in Habersham County, when said Ordinary is requested so to do by the County Board of Education of Habersham County; provided, elections shall not be held for this purpose within less than one year of each other. SECTION 4 Whenever this proposed amendment shall be agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, and the same shall have been entered on their journals, with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and directed to cause said amendment to be published in the manner prescribed by law. The ballots to be used in said election shall have written or printed thereon the words: "For amendment to Article 8, Section 4, Paragraph 1, of the Constitution creating in Habersham County a county-unit school system," and "against amendment to Article 8, Section 4, Paragraph I, of the Constitution, creating in Habersham County a county-unit school system." All persons voting in said election in favor of adopting said proposed amendment shall have written or printed on their ballots the words: "For establishing in Habersham County a county-unit school system." All persons opposed to the amendment shall have written or printed on their ballots the words: "Against establishing in Habersham County a county-unit school system." Should a majority of the electors qualified to vote for members of the General Assembly, voting thereon, vote "For establishing in Habersham County a county-unit school system," the returns of said election shall be consolidated as now required by law in elections for memcers of the General Assembly, and it shall be the duty of the Secretarv of State to certifv the results of the vote on this amendment to the Governor, and when such vote is-so certified, and it shall appear that a majority of the qualified voters voting in said election voted in favor of said amendment, then the Governor shall issue his proclamation declaring that said amendment was ratified, and the same shall become a part of Article 8, Section 4, Paragraph I, of the Constitution." SECTION 5 All laws or provisions of the Constitution in conflict with this amendment are hereby repealed. The following amendment to House Resolution No. 58-326A was read and adopted: JOURNAL OF THE HOUSE, Mr. Inglis of Habersham moves to amend caption of House Resolution No. 58-326 by inserting the following words in line 9 between the word "Education" and the word "to" the following: "to require tax levying authorities to levy tax recommended by County Board of Education." To amend Section I of said House Resolution by striking the word "now" in line 6 and substituting between the word "outstanding" in line 6 and the word "or" in line 7 the following: "at the time this amendment is ratified". To further amend Section I of said House Resolution by inserting the words "and operation" between the word "maintenance" and the word "costs" on the third line from the bottom of said Section. The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended. On the adoption of the resolution, as amended, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anderson Anglin Arnall Aultman Barber Barlow Bates Bentley Blackshear Blease Bloodworth Boone Bradbury Branch Bridges Brinson BrQOks of Mitchell Caldwell Campbell Chastain Clements Connell Cowart Curry Dalton Daves Deal Dorsey Drinkard Dunaway Dupree Dyal Easler Edwards Elliott Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Fuller Gaston 01!-vin Gill Gillis Gowen Graham Gray Greene Grice Griffin Harden Hardman Harris Harrison Hartness Hatchett Herrin Hicks Hogg Horne Howard Hunnicutt Inglis Ingram Johnson of Pike Jones of Brantley Jones of Richmond Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Maddox Mann MONDAY, MARCH IO, 1941 797 Mason McClure McCracken Mcintosh McEntire Mims Moate Moss Musgrove Pannell Parker Pettit Pickett Pilcher Pinkston Reiser Rich Richardson Roberts of Gwinnett Roughton Rowland Shannon Sills Simmons Smiley Smith of Hall Smith of Schley Smitha Southwell Suggs Taft Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Woods Wright Yawn Those voting in the negative were Messrs.: Bynum GuerrY Lewis Roberts of Walton Sabados Those not voting were Messrs.: Allison Ansley Atkinson Bennett Bowen Brooks of Oglethorpe Bruce Callaway Candler Culpepper Dallis Davis Dean Drake Dunn Ennis, J. H. Ennis, Marion Foster of Towns Fowler Goddard Goolsby Grayson Gross Hagan Hand Mixon Hardy Moore of Lumpkin Hart Moore of Taliaferro Heard Phillips Holtzendorf Pittman Hooks Price Jackson Rees Johnson of Chattaho:>chee Rogers Joiner Rossee Jones of Dodge Russell Jones of Worth Sheppard Kaigler Smith of Barrow Lester Smith of Carroll Livingston Smith of Washington Looper Strickland Lovett Swint Mankin Tappan Martin Thigpen Maund Vickers Mavity Welsch Maxwell Williams of Jackson McNall Wohlwender Miller Wren Mills JOURNAL OF THE HOUSE, By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, as amended, the ayes were 128, the nays 5 The resolution having failed to receive the requisite two-thirds constitutional majority was lost. Mr. Inglis of Habersham gave notice that at the proper time he would move that the House reconsider its action in failing to adopt House Resolution No. 58-326A. Mr. Kendrick of Fulton moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Wren of Glascock and Mills of Decatur. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock. TUESDAY, MARCH II, 1941 799 Representative Hall, Atlanta, Georgia, Tuesday, March II, 1941. The Ho.use 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 Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Chastain Clements Connell Cowart Culpepper Curry Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dupree Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hand Harden Hardy Harris Harrison Hartness Hatchett Heard Herrin Hicks Hogg Holtzenqorf Hooks Horne Howard Hunnicutt Inglis Jackson Johnson of Chattahoochee Johnson of Pike Jones of Brantley Jones of Dodge Jones of Richmonc:l. Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mann Martin Mason Ma1,md Mavity McClure McCracken Mcintosh McEntire McNall Miller Mills Mims Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell 8oo JOURNAL OF THE HOUSE, ParkEr Pettit Phillips Pilcher Pinkston Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Roughton Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow l:mith of Hall Smith of Schley Smith of Washington Smitta Southwell Strickland Suggs Swint Taft Thompson Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wright Yawn Mr. Speaker Mr. Gray of Houston, 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: I. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First reading and reference of Senate Bills. By unanimous consent, the following bill of the House was withdrawn from further consideration of the House: By Mr. Anderson of Wayne- House Bill No. 692. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Wayne; and for other purposes. By unanimous consent, the following bill of the House was withdrawn from the Committee on General Judiciary No. I, read the second time, and recomn:titted to the Committee on General Judiciary No. I: By Messrs. Fowler of Douglas, Atkinson of Chatham, and Heard of Elbert- House Bill No. 688. A bill to be entitleq an Act relating to the distribution of motion picture films; to provide for licensing the same; and for other purposes. TUESDAY, J\:IARCH u, 1941 Sor By unanimous consent, the following bills and resolutions were introduced, read the first time and referred to the committees: By Messrs. Ferguson and Suggs of Sumter- House Bill No. 719. A bill to be entitled an Act to create a new Charter for the City of Andersonville; and for other purposes. R,eferred to the Committee on Municipal Government. By Mr. Ennis of Baldwin- House Bill No. 720. A bill to be entitled an Act to amend an Act relating to the establishment of lost papers in Superior Court by authorizing the judge to enter up orders in connection therewith in term time or vacation, and without certain requirements; and for other purposes. Referred to the Committee on Special Judiciary. By Mr. Hagan of Screven- House Bill No. 721. A bill to be entitled an Act to fix the compensation of the County Treasurer of Screven County; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Brinson of Chattooga- House Bill No. 722. A bill to be entitled an Act to amend an Act to create and incorporate the City of Summerville in lieu of the Town of Summerville; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Rich of Union- House Bill No. 723. A bill to be entitled an Act to repeal and supersede the several acts incorporating the Town of Blairsville; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Bradbury of Oconee- House Bill No. 724. A bill to be entitled an Act to provide for intermediate reports and accounting by fiduciaries; to change the time for the filing of annual returns by executors, administrators, guardians, trustees and other fiduciaries; and for other purposes. Referred to the Committee on General Judiciary No. r. By Mr. Brooks of Oglethorpe- House Bill No. 725. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment so as to authorize the Crawford School District to issue bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. r. 802 JOURNAL OF THE HOUSE, By Mr. Brooks of Oglethorpe- House Bill No. 726. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment so as to authorize the City of Lexington to issue bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Mr. Brooks of Oglethorpe- House Bill No. 727. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment so as to authorize Oglethorpe County to issue refunding bonds; to provide that said county shall operate on a cash basis; and for other purposes. Referred to the Committee on Amendments to Constitution No. 1. By Messrs. Roberts and Allison of GwinnettHouse Resolution No. r 27-727A. A resolution proposing to the qualified voters of Georgia an amendment to authorize the Sunny Hill Consolidated School District of Gwinnett County to incur a bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. By Messrs. Ferguson and Suggs of Sumter- House Resolution No. 1 28-727B. A resolution proposing to the qualified voters of Georgia an amendment so as to authorize the General Assembly to provide for the compensation of all county officers either upon a fee basis or upon a salary basis; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 728. A bill to be entitled an Act to amend an Act to abolish the office of County Treasurer of the County of DeKalb; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Bynum of Rabun and Rowland of JohnsonHouse Bill No. 729. A bill to be entitled an Act to provide for the State, through the State Revenue Commissioner of Georgia, to lease machines and have same operated, to be known and labeled as follows: "Donations to Old Age and Infirm Benefits"; and for other purposes. Referred to the Committee on Ways and Means. Mr. Sabados of Dougherty County, Chairman of the Committee on Amendments to Constitution No. r, submitted the following report: Mr. Speaker: Your Committee on Amendments to Constitution No. I have had under con- sideration the following bills and resolutions of the House and Senate and have in- TUESDAY, MARCH II, 1941 structed me, as Chairman, to report the same back to the House with the following recommendations: House Resolution No. p-297A. Do pass, by substitute. House Bill No. 702. Do pass. House Resolution No. 122-715B. Do pass. House Bill No. 685. Do pass. House Bill No. 626. Do pass. House Bill No. 667. Do pass. House Resolution No. II1-651B. Do pass. Senate Bill No. 146. Do pass. Senate Resolution No. 17. Do not pass. Senate Resolution No. 41-14oB. Do pass. Respectfully submitted, Sabados of Dougherty, Chairman. Mr. Dorsey 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 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. 615. Do pass. House Bill No. 638. Do pass. House Bill No. 646. Do pass. House Bill No. 616. Do pass. House Resolution No. 109-646A.- Do pass. Respectfully submitted, Dorsey of Cobb, Chairman. Mr. Chastain 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 JOURNAL OF THE HOUSE, same back to the House with the following .recommendations: House Bill No. 693 Do pass. House Bill No. 700. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Chastain 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. 659. Do pass. House Bill No. 656. Do pass. House Bill No. 663. Do pass. House Bill No. 661. Do pass. House Bill No. 662. Do pass. House Bill No. 66o. Do pass. House Bill No. 658. Do pass. House Bill No. 676. Do pass. House Bill No. 675. Do pass. House Bill No. 669. Do pass. House Bill No. 681. Do pass. House Bill No. 664. Do pass. Senate Bill No. I I 7. Do pass. Senate Bill No. I 21. Do pass. Senate Bill No. IOJ. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Barlow of Colquitt County, Chairman of the Committee on General Agriculture No. I, submitted the following report: Mr. Speaker: Your Committee on General Agriculture No. I have had under consideration TUESDAY, MARCH u, 1941 8os the followipg 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. 682. Do not pass. House Resolution No. 11o-651A. Do pass. Respectfully submitted, Barlow of Colquitt, Chairman. Mr. Dunaway of DeKalb County, Chairman of the Committee on Municipal Government, subm-itted 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. I75 Do pass. House Bill No. 289. Do pass, by substitute. House Bill No. 695. Do pass. House Bill No. 706. Do pass. House Bill No. 707. Do pass. House Bill No. 709. Do pass. House Bill N~. 711. Do pass. House Bill No. 713. Do pass. House Bill No. 71 5 Do pass. House Bill No. 716. Do pass. House Bill No. 717. Do pass. House Bill No. 718. Do pass. House Bill No. 623. Do pass, by substitute. Respectfully submitted, Dunaway of DeKalb, Chairman, Mr. Candler of DeKalb 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 have instructed me, as Chairman, to report the same back to the House with the following recommendations: 8o6 JOURNAL OF THE HOUSE, House Bill No. 6o8. Do not pass. House Bill No. 686. Do pass. Respectfully submitted, Candler of DeKalb, Chairman. Mr. Welsch of Cobb County, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary have had under consideration the following bills and resolution of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 147. Do pass, by substitute. House Bill No. 342. Do not pass. House Bill No. 493 Do pass. House Bill No. 525. Do pass, by substitute. House Bill No. 567. Do pass. House Bill No. 586. Do pass. House Bill No. 637. Do pass. House Bill No. 655. Do pass. House Bill No. 679. Do pass. House Resolution No. 81-466C. Do pass. Senate Bill No. 110. Do pass. Senate Bill No. 93 Do pass. Respectfully submitted, Welsch of Cobb, Chairman. Mr. Kennedy of Tattnall County, Chairman of the Committee on State Prison Farm, submitted the following report: Mr. Speaker: Your Committee on State Prison Farm have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 672. Do pass. Respectfully submitted, Kennedy of Tattnall, Chairman. TUESDAY, MARCH 11, I94I Mr. Drinkard of Lincoln 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. 668. Do pass. House Bill No. 670. Do pass. Senate Bill No. 78. Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Edwards of the 6th District- Senate Bill No. 78. A bill to be entitled an Act to regulate labor organizations; to prohibit them from seeking money from persons working on projects being financed bv tax money; and for other purposes. By Senator Gross of the 2oth District- Senate Bill No. 93 A bill to be entitled an Act establishing the City Court of Sandersville; and for other purposes. By Senator Coker of the 39th DistrictSenate Bill No. I03. A bill to be entitled an Act to provide payment by counties having a population of not less than 20,I2o nor more than 20,I30, of actual cost in Superior and City Courts for trial and conviction of misdemeanor convicts worked by said county upon public roads of same. By Senator Harrison of the 23rd DistrictSenate Bill No. I Io. A bill to be entitled an Act to amend an act relating to the bond required of Clerks of the Superior Courts by providing that the amount of said bond may be changed by local acts; and for other purposes. By Senator Harrison of the 23rd DistrictSenate Bill No. I I7. A bill to be entitled an Act to reduce the bond of t~e Clerk of the Superior Court of Crawford County from $3,000.00 to $I,ooo.oo; and for other purposes. By Senator Campbell of the 34th DistrictSenate Bill No. I2I. A bilL to be entitled an Act to amend "An Act to abolish the officers of Tax Collector and Tax Receiver of DeKalb County"; and for other purposes. 8o8 JOURNAL OF THE HOUSE, By Senator Gross of the 2oth District- Senate Resolution No. 41-14oB. A resolution proposing to the qualified voters of Georgia an amendment so as to authorize Davisboro School District to incur a bonded indebtedness; and for other purposes. By Senator Drake of the 8th District- Senate Bill No. 146. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment so as to authorize Miller County to issue warrant funding bonds; and for other purposes. By Mr. Williams of Harris- House Bill No. 147. A bill to be entitled an Act to define an itinerant buyer of scrap iron and other scrap material; to provide a license for same; and for other purposes. By Senators Campbell of the 34th and Couch of the pnd Districts- Senate Bill No. 175. A bill to be entitled an Act to amend an Act to provide a pension for the police department in cities having a population of 150,000 or more in the State of Georgia; and for other purposes. By Mr. Evans of McDuffie- Hause Bill No. 289. A bill to be entitled an Act to confer upon and vest in Georgia Public Service Commission jurisdiction, authority and power to prescribe rates, supervise and regulate the furnishing of water to others for domestic use of industrial purposes by municipal corporations or other political subdivisions of the State or by private persons, companies or corporations; and for other purposes. By Messrs. Thigpen of Evans and Kennedy of Tattnall- House Resolution No. 52-297A. A resolution proposing to the qualified voters of Georgia an amendment so as to provide for the repayment of the assessments against abutting property owners for the cost of paving, widening or improving the streets of municipal corporations which have been designated by the State Highway Board as part of the State aid system of roads, etc.; and for other purposes. By Messrs. Harris, Jones, and Lester of Richmond- House Bill No. 493 A bill to be entitled an Act to amend an Act relating to the filing of annual returns by administrators and executors; to provide for the time of filing of such returns; and for other purposes. By Messrs. Welsch and Dorsey of Cobb- House Bill No. 525. A bill to be entitled an Act to amend Section 3o-123 relat- ing to how disabilities are relieved by striking the words and figures "for 6o days" in the 8th line of the Code and inserting in lieu thereof the words "Twice a month for two months"; and for other purposes. TUESDAY, MARCH I I, I94I By Messrs. Gowen of Glynn and Southwell of Charlton- House Resolution No. 8I-466C. A resolution to relieve Arthur Leotis as surety on the bond of Clarence Drawdy; and for other purposes. By Messrs. Branch of Tift and Aiken of Bulloch- House Bill No. 567. A bill to be entitled an Act to amend an Act fixing fees of constables of the militia districts of this State; and for other purposes. By Mr. Aultman of Peach- House Bill No. 586. A bill to be entitled an Act to amend an Act, so as to permit the owner of a registered tract of land to transfer to himself separate parcels of a registered tract without necessarily freeing said transferred parcels from further registration; and for other purposes. By Messrs. Grice, Weaver, and Bloodworth of Bibb- House Bill No. 6I5. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize counties, municipal corporations, and political divisions of this State to appropriate money, to lease, lend, sell, or donate property, and to lend credit to the State of Georgia or United States, for purposes of local, state or national defense; and for other purposes. By Messrs. Weaver, Bloodworth, and Grice of Bibb- House Bill No. 6I6. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment so as to authorize Bibb County to make temporary loans between January 1 and December 31 of each year to be paid out of the revenue received by that county in that year; and for other purposes. By Mr. Rowland of Johnson- House Bill No. 623. A bill to be entitled an Act to amend an Act creating a new Charter for the City of Wrightsville; and for other purposes. By Messrs. Kendrick; Etheridge and Mrs. Mankin of Fulton; Messrs. Dunaway, Candler and Turner of DeKalb- House Bill No. 626. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to the Constitution authorizing Fulton and DeKalb Counties to establish Highway Authority, etc.; and for other purposes. By Mr. Bridges of Early- House Bill No. 637. A bill to be entitled an Act to change the time of holding the Superior Court of Early County; and for other purposes. By Messrs. Joiner of Cook and Connell of Lowndes- House Bill No. 638. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment so as to authorize Cook County to issue funding bonds; and for other purposes. 810 JOURNAL OF THE HOUSE, By Mr. Brooks of Oglethorpe--=- House Bill No. 646. A bill to be entitled an Act to propose to the qualified voters, an amendment to the Constitution to authorize the City of Crawford to incur additional bonded indebtedness; and for other purposes. By Messrs. Goddard and Swint of Spalding- House Resolution No. 109-646A. A resolution proposing to the qualified voters of Georgia an amendment to provide for the division of Spalding County into school districts; and for other purposes. By Mr. Willoughby of Clinch- House Resolution No. IIo--651A. A resolution to resolve that the authorities in charge of the State Prison Farm in Tattnall County be directed to suspend and discontinue the business and operation of boxing and using the pine trees on farm premises for the production and distillation of rosin and turpentine; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 656. A bill to be entitled an Act to authorize the Commissioners of Roads and Revenues in all counties having a population of not less than 57,000 and not more than 8o,ooo, to adopt and enforce building and construction reguiations; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 658. A bill to be entitled an Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County; and for other purposes. By Messrs. Yawn and Jones of Dodge; Bennett of Jeff Davis, Wells of Telfair, and Holtzendorf of Ben Hill- House Resolution No. III-651B. A resolution proposing to the qualified voters of Georgia an amendment so as to direct certain named counties to purchase certain property for recreational grounds; and for other purposes. By Mr. Adams of Wheeler- House Bill No. 655. A bill to be entitled an Act to provide for the holding of three terms of the Superior Court of Wheeler County, and for the times for holding the same; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 659 A bill to be entitled an Act to authorize the Commissioners of Roads and Revenues in all counties having a population of not less than 56,ooo and not more than 8o,ooo to contract for group insurance for the benefit of county officers and employees, to make payroll deductions toward the payment of the premiums on such insurance; and for other purposes. TUESDAY, MARCH u, 1941 8II By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 66o. A bill to be entitled an Act to confer the right of eminent' domain for the purpose of laying water mains and pipes and sanitary sewer lines upon all counties having a population of not less than 57,000 and not more than 8o,ooo and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 661. A bill to be entitled an Act to empower all counties having a population of not less than 57,000 and not more than 8o,ooo to establish a pension system for county employees; and for other purposes. By Messrs. Wohlwender and Elliott of Muscogee- House Bill No. 662. A bill to be entitled an Act to provide for the appointment by the Ordinaries to fill any vacancies in the office of County Surveyor caused by resignation, or any other cause in all counties having a population of not less than 57,000 and not more than 8o,ooo; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 663. A bill to be entitled an Act to empower all counties having a population of not less than 57,000 and not more than 8o,ooo to lay and install sanitary sewers and water mains and pipes in such counties and outside any municipality; and for other purposes. By Mr. Smiley of Liberty- House Bill No. 664. A bill to be entitled an Act to describe, define and officially name a system of coordinates for designating the positions of points on the surface of the earth within Liberty County; and for other purposes. By Mr. Bennett of Jeff Davis- House Bill No. 667. A bill to be entitled an Act to authorize the Excelsior Consolidated School District of Jeff Davis County to incur a bonded indebtedness; and for other purposes. By Messrs. Pickett of Pickens and Yawn of Dodge- House Bill No. 668. A bill to be entitled an Act to regulate strikes, slow downs and stoppages of work; to prohibit strikes, except after certain written notices; to prohibit the calling of strikes by labor organizations having minority representation; and for other purposes. By Mr. Bennett of Jeff Davis- House Bill No. 66g. A bill to be entitled an Act to provide for the disposition of all funds, records, papers and accounts that may have been kept regarding said Depository of Jeff Davis County; and for other purposes. By Messrs. Pickett of Pickens and Yawn of Dodge- House Bill No. 670. A bill to be entitled an Act to define labor organizations 812. JOURNAL OF THE HOUSE, and locals; to provide for the incorporation of certain locals; to provide for the filing and keeping of certain records; and for other purposes. By Mr. Kennedy of Tattnall- House Bill No. 672. A bill to be entitled an Act to authorize the Governor to purchase certain property in Tattnall County; and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 675. 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; and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 676. A bill to be entitled an Act to repeal the Act creating a new board of Commissioners of Roads and Revenues for the County of Montgomery; and for other purposes. By Mr. Richardson of Hart- House Bill No. 679. A bill to be entitled an Act to provide additional compensation for the official stenographic reporter of Superior Courts of judicial circuits having a population of not more than 76,6oo; and for other purposes. By Messrs. Evans of McDuffie, Blease of Brooks, Culpepper of Fayette, Lovett of Laurens, and Elliott of Muscogee- House Bill No. 685. A bill to be entitled an Act proposing to the qualified voters of the State of Georgia an amendment providing for the publication of Constitutional amendments in only one newspaper in each congressional district, and in case of more than one amendment, same to be published in the various newspapers in each congressional district; and for other purposes. By Messrs. Bates of Ware, Deal of Bulloch, Daves of Dooly, Walker of Grady, Smitha of Carroll, and Taft of Atkinson- House Bill No. 686. A bill to be entitled an Act to encourage physicians to practice medicine in small towns and rural communities which need them; to create scholarships to be given students at the University of Georgia School of Medicine upon the condition that they live and practice for four years in such communities; and for other purposes. By Mr. Fuller of Toombs- Hause Bill No. 681. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in and for the County of Toombs; and for other purposes. By Mr. Howard of LongHouse Bill No. 693. A bill to be enti~led an Act to amend an Act creating the Board of Commissioners of Roads and Revenue of Long County; and for other purposes. TUESDAY, MARCH 11, 1941 813 By Mr. Heard of Elbert- House Bill No. 695 A bill to be entitled an Act to amend the Charter of the City of Elberton; and for other purposes. By Mr. Gowen of Glynn- House Bill No. 700. A bill to be entitled an Act to authorize the Commissioners of Roads and Revenues for Glynn County to sell or lease, all or any part of the dedicated area in that subdivision on St. Simons Island, known as "Arnold Villa Estates"; and for other purposes. By Messrs. Brooks and Hand of Mitchell- House Bill No. 702. A bill to be entitled an Act to propose to the qualified voters an amendment so as to authorize the Board of Education of Mitchell County to make temporary loans; and for other purposes. By Mr. Dunaway of DeKalb- House Bill No. 7o6. A bill to be entitled an Act to amend the Charter of the City of Pine Lake; and for other purposes. By Messrs. Hooks and Woods of Emanuel- House Bill No. 707. A bill to be entitled an Act providing for a two year term for Mayor of City of Swainsboro; and for other purposes. By Messrs. Campbell and Livingston of Polk- House Bill No. 709 A bill to be entitled an Act to amend an Act to incorporate the Town of Van Wert; and for other purposes. By Messrs. Lester, Jones, and Harris of Richmond- House Bill No. 711. A bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Civil Service Commission for the City of Augusta"; and for other purposes. - By Mr. Anderson of Wayne- House Bill No. 713. A bill to be entitled an Act to amend an Act incorporating and creating a new Charter for the City of Jesup; and for other purposes. By Messrs. Dorsey and Welsch of Cobb- House Bill No. 715. A bill to be entitled an Act authorizing the Mayor and Council of the City of Marietta to order and have held an election to determine whether or not bonds shall be issued by the City of Marietta; and for other purposes. By Messrs. Parker and Roberts of Walton; Yawn and Jones of Dodge- House Resolution No. 122-715B. A resolution proposing to the qualified voters of Georgia an amendment, so as to apportion the members of the House of Representatives among the several counties by allowing three representatives each to the 8 counties having the largest population; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Kea and Lovett of Laurens- House'Bill No. 716. A bill to be entitled an Act to amend an Act to create a new Charter for the City of Dublin; and for other purposes. By Messrs. Atkinson, Grayson, and McNall of Chatha!Jl- House Bill No. 717. A bill to be entitled an Act to amend an Act relating to and incorporating the City of Savannah; and for other purposes. By Messrs. Yawn and Jones of Dodge- House Bill No. 718. A bill to be entitled an Act to amend an Act to establish the City Court of Eastman; 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. Fowler of Douglas- House Bill No. 610. A bill to be entitled an Act to amend the Charter of the Town of Douglasville, to provide a new charter for 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 IOJ, the nays o. The bill having received the requisite constitutional majority was passed: By Mr. Fowler of Douglas- House Bill No. 611. A bill to be entitled an Act to amend an Act incorporating the Town of Douglasville so as to provide a utility authority; and for other purposes. The following substitute to House Bill No. 6u was read and adopted: By Mr. Fowler of Douglas- AN ACT An Act to amend an Act approved March 1, 1937, amending, consolidating and superseding the several Acts incorporating the Town of Douglasville and creating a new charter and Municipal government for said Town--by creating for said Town of Douglasville a Water and Sewer Authority; authorizing the Town of Douglasville to vest the ownership, operation and management of its water and sewer system, or either of them, in such authority; providing for the organization and operation of such authority; authorizing such Authority to acquire property through purchase, construction, donation or condemnation; authorizing the Town of Douglasville to convey property, real or personal, and to grant franchise or franchises to such Authority; authorizing such Authority to borrow money for corporate purposes and to issue negotiable revenue certificates payable solely from the income of the Authority and to enter into covenants and agreements for the security and payment of such revenue certificates; providing tor the manner in which such revenue certificates may be authorized, sold and issued; providing for the manner in which such revenue TUESDAY, MARCH u, I94I certificates may be enforced; authorizing the refunding of such revenue certificates; providing for the validation of such certificates; providing that such revenue certificates shall be exempt from taxation; providing for the separate enactment of each provision of this Act; and making other provisions with respect to the foregoing matters. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that an Act of the General Assembly of Georgia, approved March I, I9J7, amending, consolidating and superseding the several Acts incorporating the Town of Douglasville, in the County of Douglas, State of Georgia; and creating a new charter and Municipal Government for said Town of Douglasville be, and the same is hereby amended by adding thereto the following additional provisions: Section 1. As used throughout this Act, except when the context otherwise requires, the following words shall have the following meanings: (A) "Authority" shall mean the Water and Sewer Authority of the Town of Douglasville created by this Act. (B) "Council" means the governing body of the municipality. (C) "Mayor" means the chief executive officer of the municipality. (D) "Utility" includes any property whether located within or without the corporate limits of the municipality used or useful for serving the municipality, its inhabitants or industries through the supplying, transmission or distribution and sale of water, through making available for fire protection, or through the collection, transportation, treatment and disposal of sewage, surface waters or any domestic, commercial or industrial wastes or garbage, or any combination thereof. (E) "Project" means the establishment and acquisition, improvement, enlargement, extension, repair or reconstruction, or any combination thereof, of any water and sewer utility, either or both, within or without the corporate limits of the Town of Douglasville necessary and/or essential for the public welfare, health and morals of the inhabitants of said Town of Douglasville, and shall embrace the following revenue producing undertakings, without the exclusion of other related undertakings, whether now existing or herafter acquired or constructed: Water-works, sewerage systems, disposal plants, and/or any or all systems, plants, works, instrumentalities and properties; (I) used or useful in connection with the obtaining of water supply and the conversion, treatment and disposal of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, water and storm water; (3) used or useful in connection with the <;onveyance and/or distribution of water for domestic and/or commercial use; 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, sewer and water mains, filtration works, pumping stations, and all related facilities. JOURNAL OF THE HOUSE, (F) "Cost of Project" shall include the entire cost of the acquisition, improvement, enlargement, extension, repair and reconstruction thereof, together with all other items of expense incurred or estimated to be incurred as a part of the cost of such project from its inception to its completion including, but not limited to, cost of lands, properties, rights, easements and franchises acquired; cost of machinery and equipment; cost of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; and all engineering, legal, fiscal, supervisory and publication charges and expenses and interest to accrue during the period of construction and for one year thereafter. Any obligation or expense heretofore incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project. (G) Any project shall be deemed "self-liquidating" if, in the judgment of the Authority, the revenues and earnings thereof will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue certificates which may be issued for the cost of such project. Section 2. There is hereby created for the Town of Douglasville a body corporate and politic to be known and designated as Water and Sewer Authority of the Town of Douglasville which shall be deemed to be an instrumentality of the Town of Douglasville, in the County of Douglas,. State of Georgia, and a public Corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, and shall be a public corporation of the State of Georgia. Section 3 Said Water and Sewer Authority of the Town of Douglasville shall have perpetual existence. Section 4 The Town of Douglasville is hereby authorized to vest the ownership, operation and management of its water and sewer system, or either of them in the said Water and Sewer Authority of the Town of Douglasville; and the Mayor and Council of said town (being the governing body thereof) are hereby empowered to adopt at any regular or special meeting of such governing body, a resolution or resolutions expressing its purpose to vest in said Authority the ownership, operation and management of its water and sewer system or either of them. Such resolution or resolutions shall be entered upon the minutes of said governing body and a certified copy thereof shall be received as original evidence in all courts of law or equity. Section 5 The Authority shall consist of three members to be elected by the Mayor and Council, or such other governing authority as may hereafter be designated, of the Town of Douglasville. The term of office of such members shall be three years, provided however that at the first election to be held under this Act one member shall be elected for one year, one member for two years and one member for three years, and thereafter each member shall be elected for a term of three years and shall hold office until a successor is elected and qualifies, unless such member vacates the office by reason of removing from the limits of said Town or by failing and refuSing to perform the duties of such office, which failure shall be determined by the Mayor and Council of said Town, after notice to member and an opportunity to be heard. Members of the Authority shall be elected by the said Mayor and Council, or governing authority, at the last regular meeting of said body in March of each TUESDAY, MARCH II, 1941 year, and the terms of said members shall commence on April Ist thereafter. In the event of an election to fill a vacancy such election shall be for the unexpired term of the member whose place becomes vacant. Section 6. The members of such Authority shall be residents of the Town of Douglasville at the time of election and during incumbency. No member shall at any time during incumbency hold the office of Mayor or Councilman of said Town or be an employee thereof, nor shall such member hold any State, County or Federal office during such incumbency. Any member of the Authority shall be eligible for re-election. Section 7 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 rights 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, as such members, 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. Section 8. The Authority shall have power: (A) to have a seal and alter the same at pleasure; (B) to acquire, hold and dispose of personal property for its corporate purposes; (C) 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 subject to the provisions of any and all existing laws applicable to the condemnation of property for public use, and in accordance with the method of condemnation provided for condemning property by the said Town of Douglasville, 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 wi,th respect to the use or disposal of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obl~ation 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 havi.ng juri,sdiction 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 encumberance 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 encumberance in full. (D) to acquire in its own name from Town of Douglasville any existipg municipally owned utility, or any part thereof, and the Mayor of said town is hereby authorized to convey to said Authority, for and in behalf of said Town of Douglasville, title to such municipally owned utility or part thereof upon agreement by the said 818 JOURNAL OF THE HOUSE, Authority to pay to said town such consideration as the Mayor and Council may by resolution determine to be proper. Such sale to be consumated in accordance with the charter provisions of said town relating to sale of a municipally owned utility; (E) to appoint and select agents and employees, including engineering, architectural and construction experts and attorneys, and fix their compensation; (F) to make contracts, and to execute all instruments necessary or convenient, including, but ~ot limited to, contracts for construction of projects and leases of projects or contracts with respect to the use of projects constructed or acquired by it. Any and all departments or agencies of the State of Georgia, or of any subdivision thereof, are hereby authorized to enter into leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable; (G) to establish and acquire by purchase or construction, or both, and to extend, improve, enlarge, repair and reconstruct any water and sewer utility, either, both or any part thereof; and to pay the cost thereof solely from the proceeds of revenue certificates of the Authority, from revenues derived from such utility or from any grant from the United States of America or any agency or instrumentality thereof; (H) to fix and collect rates, fees or charges for services, facilities, commodities or benefits furnished by the utility, including charges for services or benefits furnished the Town of Douglasville; and to provide that in case of non-payment of bills the amount unpaid shall be collectible through suit against the owner of the premises occupied by the user of such service, and to make any other provisions or provision for the enforcement of such charges, rates and fees which may seem desirable to the Authority; (I) 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 upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (J) to accept loans and/or grants of money or materials or property of any kind from any public or private corporation, association, individual or individuals upon such terms and conditions and subject to such restrictions as the Authority may deem proper; (K) to borrow money for any of its corporate purposes and to issue negotiable revenue certificates payable solely from income of such utility and to provide for the payment of the same and for the rights of the holders thereof; (L) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the constitution and laws of this State; and (M) to do all things necessary or convenient to carry out the powers expressly given in this Act. Section 9 The Town of Douglasville is hereby authorized and empowered to sell and convey to said authority lands or other property title to which is now, or shall TUESDAY, MARCH II, 1941 hereafter be, in said town upon agreement to pay either in cash or from future revenues of the Authority such an amount as may be fixed by the Mayor and Council of said Town; and the Mayor of said Town of Douglasville is hereby authorized to execute such conveyance as may be necessary or desired by such Authority. Section 10. The Town of Douglasville is hereby empowered to grant unto such Authority all needful and necessary franchises, easements, and/or rights of way upon such terms and conditions as may be fixed by the Mayor and Council of said town. Section 11. 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 negotiable revenue certificates 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 certificates shall be payable solely from the special fund herein provided for such payment. The certificates of each issue shall be dated, shall bear interest at such rate or rates, not exceeding five 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 payments 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 providing for the issuance of the certificates. The Authority shall determine the form of certificates, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the certificates 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 certificates or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such certificates, 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 certificates 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 per~on and any certificate may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such certificate shall be duly authorized or hold the proper office, although at the date of such certificate such persons may not have been so authorized or shall not have held such office. All revenue certificates 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 certificates and the income thereof shall be exempt from all taxation within the State. The certificates 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 certificate as to principal alone and also as to both principal and interest. The Authority may sell such certificates in such manner and for such price as it may determine to be for best interest 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 five per cent per annum, computed with relation to the average rna- 820 JOURNAL OF THE HOUSE, turity of the certificates in accordance with standard tables of bond values excluding however, from such computations, the amount of any premium to be paid on redemption of any certificate prior to maturity. The proceeds of such certificates shall be used solely for the payment of the cost of 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 certificates or the trust indenture hereinafter mentioned may provide. If the proceeds of such certificates, 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 certificates or in the trust indenture, additional certificates 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 certificates 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 certificates first issued for the same purpose. If the proceeds of the certificates of any issue shall exceed the amount required for the purpose for which such certificates are issued, the surplus shall be paid into the fund herein~fter provided for the payment of principal and interest of such certificates. Prior to the preparation of definite certificates, the Authority may, under like restrictions, issue interim certificates or temporary certificates, with or without coupons exchangeable for definite certificates upon the issuance of the latter. The Authority may also provide for the replacement of any certificate which shall become mutilated or be destroyed or lost. Such revenue certificates may be issued without 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 discretion of the Authority, revenue certificates of a single issue may be issued for the purpose of paying the cost of any one or more projects as in this Act defined. Any resolution providing for the issuance of revenue certificates 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 12. Revenue certificates issued under the provisions of this Act shall not be deemed to constitute an indebtedness of the Town of Douglasville nor to constitute a pledge of the faith and credit of said Town of Douglasville, but such certificates shall be payable solely from the fund hereinafter provided therefor from earnings, and the issuance of such revenue certificates shall not directly or indirectly or contingently obligate the Town of Douglasville to levy or pledge any form of taxation whatever therefor Or to make any provision for their payment. Neither the Town of Douglasville nor the Authority shall be obligated to pay the principal of or the interest on such revenue certificates except from earnings of the project or projects for which they shall be issued. All such revenue certificates shall contain recitals on their face covering the foregoing provisions of this section. Section 13. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue certificates, 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 certificates or in the trust indenture, provide for the payment of the proceeds of the sale of the certificates and the earnings and revenues TUESDAY, MARCH u, 1941 821 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 14 In the discretion of the Authority, any issue of such revenue certificates 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 powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign revenues and earnings to be received. Either the resolution providing for the issuance of revenue certificates or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the certificate holders 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 project, and the custody, safe-guarding and application of all moneys, and may also provide that any project shall be constructed and paid for urlder the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the certificates issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the certificates or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which ~dditional revenue certificates m"ly be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository 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 certificate holders and of the trustee, and may restrict the individual right of action of certificate holders as is customary in trust indentures 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 certificate holders. 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 I 5 The Authority is hereby authorized and required to fix and to re- vise from time to time, fees, rentals, rates 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 United States of America or State of Georgia or with the Town of Douglasville, or with any public or private corporation, association, individual or individuals, with respect to the use of any project or part thereof. Such rates, rentals and other charges shall be fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue certificates is issued, so 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 required 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 Au- 822 JOURNAL OF THE HOUSE, thority for rentals, labor, supplies, supervision, fuel, electric energy and any and all related articles and/or facilities; (B) the principal of the revenue certificates 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 certificates 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 reserve therefor as may be provided for in the resolution authorizing the issuance of the revenue certificates 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 certificates as such interest shall fall due; (2) the principal of the certifirates as the same shall fall due; (J) the necessary charges of paying agents for paying principal and interest; and (4) any premium upon certificates 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 certificates 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 certificates without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue certificates 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 certificates then outstanding may be applied to the purchase or redemption of certificates. All revenue certificates so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 16. Any holder of revenue certificates issued under the provisions of thts 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 certificates or by the trust indenture, may, etther 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 required 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 certificate shall have the right to compel any exercise of the taxing power of the Town of Douglasville to pay any such certificate, or :nterest thereon, or to enforce the payment thereof against any property of the said Town of Douglasville, nor shall any such certificate constitute a charge, lien or encumberance, legal or equitable, upon any property of the Town of Douglasville. Section 17. The Authority, in addition to the moneys which may be received TUESDAY, MARCH u, 1941 from the sale of revenue certificates and from the collection of revenues and. earnings 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 certificates, 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 purpose for which such grants or contributions may be made. Section I 8. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding certificates of the Authority for the purpose of refunding any revenue certificates issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding certificates, the maturities and all other details thereof, the rights of the holders 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 19: 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 inhabitants of the Town of Douglasville and of the general public and is a public purpose and that the Authority will be performing essential governmental functions in the exercise of the power conferred upon it by this Act and the State of Georgia and Town of Douglasville covenants with the holders of the certificates that the Authority shall not be required to pay 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 plants, buildings, systems, or other facilities erected or acquired by it or any fees, rentals or other charges for the use of such facilities or other income received by the Authority, and the income therefrom shall at all times be exempt from taxation within the State of Georgia and the Town of Douglasville. Section 20. All revenue certificates issued under this Act may be validated in the Superior Court in the manner provided by Sections 87-301 to 87-309, both inclusive, of the Code of 1933 for the validation of Municipal bonds. The Chairman and Secretary of the Authority shall give notice to Solicitor General and shall attach to said notice a certified copy of the resolution passed by the Authority authorizing the issue of certificates. The petition of Solicitor General shall be served upon the Authority. All other proceedings shall be in accordance with the provisions of the Code aforesai9-. Section 21. While any of the certificates issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents or of the Town of Douglasville shall not be diminished or impaired in any manner that will affect adversely the interest 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 interest and rights of the holders of such certificates, nor will the Town of Douglasville compete with the Authority in the furnishing of the services which are furnished by the Authority, nor grant franchises for the use of its streets to any association, corporation, individual or other entity, which would so compete with the Authority. The provisions of this Act shall be construed for the benefit of the Authority and the Town of Douglasville and the holders of any certificates issued by the Authority, and upon JOURNAL OF THE HOUSE, the issuance of such certificates the provisions of this Act shall constitute a contract with the holders of such certificates and shall be enforceable by such holders in the same manner as other contracts are enforceable. Section 22. This Act, being necessary for the welfare of the Town of Douglasville and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 23. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 24. 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 25. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed, and it is particularly provided that the provisions of this Act shall control over any conflicting provisions which may appear in the charter of the said Town of Douglasville. The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute. On the passage of the bill, by substitute, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senator Couch of the 52nd District- Senate Bill No. 104. A bill to be entitled an Act to amend an Act relating to the Real Estate Commission, so as to provide for meetings of the Commission, cooperation with commissions of other states and to do other acts and things for the advancement of the profession; and for other purposes. Referred to the Committee on Special Judiciary. By Senator Campbell of the 34th District- Senate Bill No. 126. A bill to be entitled an Act to amend an Act relating to the Law appertaining to the State Highway Department to curb and pave sidewalks adjacent to State Highways lying immediately outside corporate cities or towns of said State; and for other purposes. Referred to the Committee on Public Highways No. I. By Senator Drake of the 8th District- Senate Resolution No. 38-137A. A resolution to amend the Constitution of Georgia to provide for $3.00 per day to each member of the General Assembly as subsistence; and for other purposes. TUESDAY, MARCH I I, I94I Referred to the Committee on State of Republic. Bv Senators Clark of the 44th, Fortson of the 4oth, Hill of the 36th, Bradley of the IJth, and Edenfield of the 4th Districts- Senate Resolution No. 42-qoC. A resolution proposing an amendment to Article 7, Section 7, Paragraph I of the Constitution of Georgia by providing that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political sub-division issuing such obligations; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. By Senator Fortson of the 5oth District- Senate Resolution No. 43-I44A. A resolution proposing that the House concurring, the Highway Department be allowed to make to the roads and revenues of Wilkes County such restitution as may be allowed under the laws of the State in policies of the Highway Department; and for other purposes. Referred to the Committee on Special Appropriations. By Senator Smith of the 24th District- Senate Bill No. I 82.' A bill to be entitled an Act to regulate the salaries of stenographic reporters of the Superior Courts of all Judicial Circuits in counties having a population of not less than so,ooo or more than 55,000 according to the United States census; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Mason of the 3oth District- Senate Resolution No. 5I-I85A. A resolution proposing that the Georgia State Librarian furnish to Hart County without cost, certain law books; and for other purposes. Referred to the Committee on Public Library. By Senator Campbell of the 34th District- Senate Bill No. I 87. A bill to be entitled an Act to propose to the qualified voters an amendment so as to authorize Hart County to issue Refunding Bonds; and for other purposes. Referred to the Committee on Amendments to Constitution No. 2. Mr. Inglis of Habersham moved that the House reconsider its action in failing to adopt the following resolution of the House, to-wit: By Mr. Inglis of Habersham- House Resolution No. 58-326A. A resolution to amend the Constitution of Georgia so as to authorize Habersham County to assume the school indebtedness of the several school districts in Habersham County; and for other purposes. On the motion to reconsider, the ayes were I09, the nays o. JOURNAL OF THE HOUSE, The resolution was reconsidered. The following report of the Committee on Penitentiary was submitted and read: REPORT OF COMMITTEE ON PENITENTIARIES TO THE GENERAL ASSEMBLY OF GEORGIA The undersigned Committee on Penitentiaries respectfully submits the following report on penitentiaries after making the inspection trip as provided by the resolution of the General Assembly. We find that the training school for boys at Milledgeville is operated in a most creditable and efficient manner and we commend the superintendent and his efficient associates on the work that is being done in rehabilitating the lives and giving an opportunity in life to the young men who are in this institution. From our inspection we find that the Tattnall prison at Reidsville is operated efficiently and we compliment the superintendent of this prison for the interest, industry and efficiency of the entire organization. With reference to the division of the Tattnall prison which cares for female prisoners we observe that a large number of young _white girls are being sent to this prison from the larger cities of the state. While we recognize the responsibility of the state to these young women we feel that much of this responsibility could be discharged by these various municipalities and that they are at present using state facilities for the correction of local problems. At the present time Tattnall prison doesn't have the facilities to rehabilitate the young women who have taken the wrong pathway in life and we feel that this could be done better by the various municipalities. \Vith further reference to the department of white female prisoners we observe that these prisoners are assigned to work on a wood pile in the rear of the prison. This work consists of sawing wood with a six-foot, cross-cut saw and we further observe that this work is performed by all of these prisoners without regard to age or physical ability. Our investigation indicated that a large number of these prisoners welcomed this type of work as being a diversion from the routme of confinement, but we further observe that this type of work is too heavy for a large number of these prisoners, including white girls from 16 years of age upward and weighing from 90 pounds upward. We recommend that no white female prisoner be assigned to do work of this type except at her request and after having received the approval of the prison physician, and for a limited time only. We wish to extend our thanks to the superintendents, attaches, attendants and inmates of the various institutions which we visited for the uniform courtesy and privileges which were extended to us while on this inspection trip. We were accorded every opportunity to make such investigations as we desired and were given the full cooperation of the authorities and inmates of the institutions. While our inspection was naturally limited we feel that it was sufficient to show that these institutions were being operated properly and satisfactorily and we com- TUESDAY, MARCH I I, I94I mend each of these institutions for the efficient work being done. W. R. Blease, Chairman. The following bill of the House was taken up for the purpose of considering the Senate substitute thereto: By Mr. Gross of Stephens- House Bill No. 299 A bill to be entitled an Act to repeal an Act providing that in the Counties of this State having a population of not less than I2,64o and not more than I2,655, the residents of individual school systems shall have the right to vote in primaries for county school superintendent; and for other purposes. The following substitute to House Bill No. 299 was read: By the Senate- A BILL To be entitled an Act to amend an Act of the General Assembly of Georgia approved August 28, I93I, providing for the election and eligibility of the County School Superintendent in counties having certain populations, by amending Section 2, page I33 of said Act, as applying to counties having a population of not more than II,751 and not less than I1,739 according to the 1930 census or any future census; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME: SECTION I. That Section 2 of the Act of the General Assembly of Georgia, approved August 28, 1931 (Georgia Laws I931, p. I33), be and the same is hereby amended by adding to said section the following provisions: "Provided, that the number of the population herein fixed and referred to shall not apply to counties having a population of not less than 11,739 and not more than I I,75I according to the I930 census or any future census". SECTION 2. That the purpose of this Act shall be to make the provisions of Section 32-Ioo2 of the Code of Georgia of I933 applicable to counties having a population of not less than I I,739 and not more than I I,75I according to the I930 census, or any future census, which section prohibits voters residing in independent school districts from voting in elections for county school superintendents. SECTION 3 That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. On agreeing to the substitute, the ayes were I26, the nays o. The substitute, having received the requisite majority, was agreed to. 828 JOURNAL OF THE HOUSE, The following report of the Committee on Rules was submitted and read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your Committee on Rules having had under consideration the matter of fixing a calendar for Tuesday, March II, I94I, submits the following report: Your Committee recommends that the following bills be set as a special and continuing order of business on said date: 1. House Bill No. 274 Legislative reapportionment. 2. House Bill No. 3I 5. Relating to proceeds from school bonds. 3 House Bill No. 357 Prior tax liens in bank failures. 4 House Bill No. 505. Exempting from tax peanut vending machines. 5 House Bill No. 391. Relating to rules in the Appellate Courts. 6. House Bill No. 592. Amend Paragraph 43 of the General Tax Act. 7 House Resolution No. 44-239B. Exempting aviation school gasoline. 8. House Bill No. 402. Regulating practice of osteopathy. 9 House Bill No. 237 Relating to Federal funds Wild Life Department. IO. House Bill No. 4I6. Amend Child Adoption Law. I 1. House Bill No. 97 Prohibiting members of Legislature from accepting employment by any State department. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. The following amendment to the Report of the Committee on Rules was read: Dr. Daves of Dooly, moves to amend the report of the Rules Committee fixing the calendar for Tuesday morning, March I I, 1941 by adding thereto and at the top House Bill No. 248. On the adoption of the amendment, Dr. Daves of Dooly moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Allison Arnall Aultman Blackshear Bradbury Branch Bridges Brinson Brooks of Oglethorpe Curry Dalton Daves Davis Dean Ford TUESDAY, MARCH I I, I94I 829 Forrester Kelley Foster of Paulding Looper Gaston Martin Griffin Mason Hagan Mavity Hardman McClure Hardy McEntire Harrison Mills Hartness Moore of Lumpkin Hatchett Moss Heard Musgrove Hogg Pannell Horne Pettit Hunnicutt Reiser Inglis Rich Jackson Richardson Johnson of Chattahoochee Roberts of Gwinnett Jones of Worth Roughton Rowland Russell Sheppard Smith of Hall Smith of Schley Smith of Washington Smitha Strickland Suggs Thompson Walker Warnock Wells of Clayton Whipple. Wilbanks Witherington Those voting in the negative were Messrs.: Aiken Anderson Anglin Ansley Atkinson Barber Bloodworth Bowen Boone Brooks of Mitchell Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Deal Dorsey Drinkard Dunaway Dunn Dupree Edwards Elliott Ferguson of Camden Ferguson of Sumter Fowler Fuller Gill Goddard Goolsby Gowen Gray Grayson Grice Gross Guerry Hand Harris Hicks Howard Johnson of Pike Jones of Brantley Jones of Dodge Jones of Richmond Kaigler KEa of Laurens Kendrick Kennedy Key of Jasper Lester Lewis Lovett Maddox Maund Mcintosh Pilcher Pinkston Rees Roberts of Walton Sabados Shannon Sills Simmons Smiley Swint Taft Vickers Weaver Wells of Burke Welsch Wetherbee Williams of Bacon Williams of Ware Yawn 8JO JOURNAL OF THE HOUSE, Those not voting were Messrs.: Adams Barlow Bates Bennett Bentley Blease Bruce Dallis Drake Dyal Easler Ennis, .J. H. Ennis, Marion Etheridge Foster of Towns Gavin Gillis Graham Greene Harden Hart Herrin Holtzendorf Hooks Ingram .Joiner Livingston Mankin Mann Maxwell McCracken McNall Miller Mims Mixon Moate Moore of Taliaferro Parker Phillips Pickett Pittman Price Rogers Rossee Smith of Barrow Smith of Carroll Southwell Tappan Thigpen Turner Wells of Telfair Williams of Harris Williams of .Jackson Willoughby Wohlwender Woods Wren Wright The roll call was verified. On the adoption of the amendment, the ayes were 67, the nays 79 The amendment was lost. The following resolution of the House was read and adopted: By Messrs. Welsch of Cobb and Harris of Richmond- House Resolution No. 129. A RESOLUTION WHEREAS, for many years it was the custom for the House of Representatives to present its Speaker w:th the State's gavel at the end of each session as a token and as an expression of appreciation to him; and WHEREAS, it was customary for the expense of said gavel to he paid from the fund for Legislative expenses, now therefore BE IT RESOLVED, by the House that the sum of Twenty-five dollars is hereby approved, and set aside from the Legislative expense fund for the purchase of such gavel; AND BE IT FURTHER RESOLVED, that the present presiding officer appoint a committee of two to purchase and make arrangements to present such gavel. Under the provisions of House Resolution No. 129, the Speaker appointed as a committee the following members, to.wit: TUESDAY, MARCH 11, 1941 831 Messrs. Welsch of Cobb, and Harris of Richmond. 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. Gowen of Glynn, Vickers of Coffee, Mann of Whitfield, and Bentley of Upson- House Bill No. 274 A bill to be entitled an Act to amend an Act relating to the apportionment of members of the House of Representatives; and for other purposes. Mr. Dunaway of DeKalb moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I07, the nays I. The bill having received the requisite constitutional majority was passed. Mr. Yawn of Dodge asked to be recorded in the Journal as voting against iiouse Bill No. 274. By unanimous consent, House Bill No. 274 was ordered immediately transmitted to the Senate. By Mr. Pannell of MurrayHouse Bill No. 3I5. A bill to be entitled an Act to amend an Act relating to proceeds of school bonds how held and used, by provid=ng for the use and application of all funds left over and remaining after the entire series of said bonds has been retired, redeemed and paid off in full; and for other purposes. Mr. Caldwell of Troup moved the previous question, the call was sustained and wit the main question ordered. The report of the committee, which was favorable to the passage of the bill, agreed to. On the passage of the bill, the ayes were I I3, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Ferguson and Suggs of SumterHouse Bill No. 357 A bill to be entitled an Act to amend an Act, which per- tains to the order of paying off debts due by insolvent banks; and for other purposes. Mr. Sabados of Dougherty moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. 8J2 JOURNAL OF THE HOUSE, On the passage of the bill, Mr. Ferguson of Sumter moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Anderson Anglin Ansley Atkinson Aultman Barlow Bates Blackshear Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Bynum Caldwell Callaway Campbell Chastain Clements Culpepper Curry Dean Dorsey Drake Drinkard Dupree Easler v:theridge erguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Fowler Moore of Lumpkin Gaston Musgrove Gowen Pannell Gray Parker Grayson Pettit Greene Phillips Griffin Pinkston Gross Reiser Guerry Rich Harden Richardson Harris Roberts of Gwinnett Harrison Roberts of Walton Heard Russell Holtzendorf Shannon Hooks Sheppard Hunnicutt Smith of Hall Johnson of Chattahoochee Southwell Johnson of Pike Strickland Jones of Brantley Suggs Jones of Dodge Taft Kea of Laurens Thompson Kelley Vickers Kennedy Walker Key of Jasper Warnock Lester Wells of Burke Livingston Wells of Telfair Looper Wetherbee Lovett Whipple Mann Wilbanks Mason Williams of Harris McClure Williams of Ward Mcintosh Wright Mims Yawn Those voting in the negative were Messrs.: Aiken Allison Arnall Bloodworth Branch Connell Cowart Dalton Davis Deal Dunaway Edwards Ennis, Marion Foster of Towns Fuller Gill Goddard Goolsby TUESDAY, MARCH II, 1941 8JJ Graham Grice Hartness Hatchett Hogg Horne Howard Inglis Jones of Richmond Jones of Worth Kaigler Maund McEntire Miller Mills Moore of Taliaferro Pilcher Sabados Simmons Smiley Smith of Schley Smitha Swin Weaver Wells of Clayton Williams of Bacon Witherington Those not voting were Messrs.: Adams Barber Bennett Bentley Blease Brooks of Oglethorpe Bruce Candler Dallis Daves Dunn Dyal Elliott Ennis, J. H. Gavin Gillis Hagan Hand Hardman Hardy Hart Herrin Hicks Ingram Jackson Joiner Kendrick Lewis Maddox Mankin Martin Mavity Maxwell McCracken McNall Mixon Moate Moss Pickett Pittman Price Rees Rogers Rossee Roughton Rowland Sills Smith of Barrow Smith of Carroll Smith of Washington Tappan Thigpen Turner Welsch Williams of Jackson WilloughbY Wohlwender Woods Wren By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 100, the nays 45 The bill having failed to receive the requisite constitutional majority was lost. By Mr. Brooks of Mitchell- House Bill No. 505. A bill to be entitled an Act levying a tax on vending ma- chines so as to exempt certain vending machines dispensing peanuts, etc., from licenses; and for other purposes. Mr. Key of Jasper moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 109, the nays o. JOURNAL OF THE HOUSE, The bill having received the requisite constitutional majority was passed. By Messrs. Elliott of Muscogee and Brinson of Chattooga- House Bill No. 391. A bill to be entitled an Act to provide an alternative, additional and simpler meth::od for the trial and correction of error of law by the Supreme Court and Court of Appeals; and for other purposes. Mr. Lovett of Laurens moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, Mr. Mims of Miller moved the ayes and nays and the call was not sustained. On the passage of the bill, the ayes were 96, the nays 14. The bill having failed to receive the requisite constitutional majority was lost. Mr. Brinson of Chattooga gave notice that, at the proper time, he would move that the House reconsider its action in failing to pass House Bill No. 391. By Messrs. Dorsey of Cobb and Simmons of Decatur- House Bill No. 592. A bill to be entitled an Act to provide that domestic and domesticated foreign corporations shall be taxed on the same basis; and for other purposes. The previous question was ordered. The main question was ordered. An amendment by Mr. Jones of Brantley was read and lost. The following amendment was read and adopted: Messrs. Grice, Weaver and Bloodworth of Bibb move to amend House Bill No. 592 by adding at the end of paragraph one on page three the following proviso: I "provided that the Commissions herein provided for shall be paid into the County Treasury in all counties where the Tax Collector or Tax Commissioner is on a salary in whole or in part salary and part commissions." The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, as amended, the ayes were 109, the nays 1. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Wetherbee and Sabados of Dougherty- House Resolution No. 44-239B. A resolution ratifying the suspension by the TUESDAY, MARCH 11, 1941 8J5 Governor of gasoline taxes where same was, and is being, used in the training of national defense pilots; and for other purposes. The report of the committee, which was favorable to the adoption of the resOlution, was agreed to. On the adoption of the resolution, the ayes were 112, the nays o. The resolution having received the requisite constitutional majority was adopted. By unanimous consent, the House recessed for one hour. 1:15 o'clock P.M. The Speaker called the House to order. The roll was called and the following members answered to their names: Anderson Ansley Arnall Atkinson Aultman Barlow Bates Blackshear Blease Bloodworth Bowen Boone Bridges Brinson Brooks of Mitchell Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Deal Dorsey Drinkard Dunaway Dyal Easler Ennis, Marion Etheridge Ferguson of Camden Ford Forrester Foster of Paulding Fowler Fuller Gaston Gavin Goddard Goolsby Gowen Grayson Greene Grice Griffin Gross Hand Harris Harrison Hatchett Herrin Hicks Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Pike Jones of Brantley Jones of Dodge Allison Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kennedy Key of Jasper Lester Lewis Livingston Lovett Mann Martin Mason Maund McClure McCracken Miller Mills Mims Moore of Taliaferro Musgrove Pannell Pettit Pickett Pinkston Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rossee JOURNAL OF THE HOUSE, Roughton Russell Sabados Shannon Sheppard Simmons Smith of Hall Smith of Schley Smith of Washington Smitha Strickland Suggs Swint Taft Tappan Thompson Walker Warnock Weaver Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Williams of Bacon Williams of Harris Williams of Ware Witherington Wright Mr. Speaker The following report of the Committee on Rules was submitted and read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your Committee on Rules has had under consideration the matter of fixing a calendar for Tuesday afternoon, March II, 1941, and submits the following report: Your committee recommends that the following bills be set as a special and continuing order of business on said date: I. House Bill No. 402. Regulating practice of osteopathy. 2. House Bill No. 237. Relating to Federal funds in the Wildlife Department. 3 House Bill No. 4I6. Amend child adoption law. 4 House Bill No. 97 Prohibiting members of Legislature from accepting employment in any State Department. 5 House Bill No. 649. State Parks Authority. 6. House Bill No. 499 Survival of suits of public officials. 7 House Resolution No. 36-I37E. Jurisdiction of Justices of Peace. 8. House Bill No. 395 State Librarian. 9 House Bill No. 396. State Librarian fees. 10. House Bill No. 2I 1. Designation of registrars. II. House Bill No. I65. Negro Training Schools. I 2. House Bill No. 448. Fresh water fish. I3. House Bill No. 271. Power of Attorney-Generals. I4. House Bill No. 345 Amending charter of Georgia Railway. I5. House Bill No. 351. Taxation of property of Georgia Railway. Evans of McDuffie, Chairman. Drickard of Lincoln, Secretary TUESDAY, MARCH 11, 1941 8J7 The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The President has named the following Conference Committee on the part of the Senate to consider Senate Bill No. 70 in disagreement between the Senate and House: Senators Gross of the 2oth, Bland of the 12th, and Bradley of the 13th Districts. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the Senate, to-wit: By Senators Fortson of the 5oth and Hill of the 36th Districts- Senate Resolution No. s8-21o. A resolution requesting that House Bill No. 417 be recalled from the House of Representatives for the purpose of re-submitting an amendment which was Inadvertently overlooked on March 6, 1941. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House, to-wit: By Senators Campbell of the 34th and Couch of the 52nd Districts- Senate Bill No. 122. A bill to amend Section 26-6301 of the Code so as to include the possession, lending or transportation of any indecent or obscene pictures of ltterature, or articles of mdecent and obscene use, among the acts prohibited and penalized by said section; and for other purposes. By Senators Edenfield of the 4th and Milhollin of the 46th Districts- Senate Bill No. 123. A bill to amend Section 47-101 of the Code of 1933 relating to the apportionment of members of the House of Representatives among the several counties by reapportioning the members of the House of Representatives among the several counties according to the last census of the United States; and for other purposes. By Senator Lanier of the I8th District- Senate Bill No. IJ4 A bill to amend Section I IJ-1409 of the Code relating to the filing of annual returns by administrators and executors; to provide for the time JOURNAL OF THE HOUSE, of filing of such returns; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. I37 A bill to amend Chapter 32-25 of the Code of Georgia of I933, authorizing county commissioners or ordinaries to carry on schools for instructing adult illiterates, by also vesting power in county boards of education to establish and carry on such schools; to repeal conflicting laws; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. I38. A bill to amend Section 32-240I of the Code, relating to the powers and duties of the State Board of Education with respect to adult illiteracy by enlarging said powers and duties so as to authorize said Board to promote the establishment of schools for adult illiterates and to cooperate with other State, County or Federal agencies in eliminating adult illiteracy; and for other purposes. By Senators Coker of the 39th, Edenfield of the 4th, Campbell of the 34th, and Couch of the 52nd District- Senate Bill No. I42. A bill to provide for the sale and distribution of hunting and fishing licenses by the ordinaries of the various counties of this State; and for other purposes. By Senator Redwine of the 26th District- Senate Bill No. ISO. A bill to amend an Act entitled "An Act to create a Department of Public Safety for Georgia;" and for other purposes. By Senator Lanier of the 18th District- Senate Bill No. I 51. A bill to amend Section 78-2I6 of the Code relating to the amount and manner of payment of pensions to Confederate Soldiers, by providing for the payment of $Ioo.oo upon the death of any such soldier or widow for burial expenses; and for other purposes. By Senators Edenfield of the 4th, Guyton of the Ist, and Coxon of the 2nd Districts- Senate Bill No. I 58. A bill to amend Section 45-8I2 of the Code, and to amend the Act of 1937, relating to the taxation of distributors or dealers in oysters, shrimp, prawn and crab, by providing additional regulations for the taking and unloading of shrimp; and for other purposes. By Senators Drake of the 8th and Coker of the 39th Districts- Senate Bill No. I76. A bill to amend Section 58-502 of the Code as amended by the Act approved March 24, I939, defining certain terms used in Chapter 68-5 of said Code and providing certain exemptions not to be included under the term "motor carrier" by enlarging the scope of the exemption from the term "motor carrier"; and for other purposes. By Senator Daughtry of the 21st DistrictSenate Bill No. I86. A bill to amend an Act incorporating the Town of Mc- tyre, and the Act amendatory thereof; and for other purposes. TUESDAY, MARCH 11, 1941 839 By Senator Kiker of the 41st District- Senate Bill No. 191. A bill to amend "An Act to incorporate and establish the City of Ellijay, in the County of Gilmer, to declare the rights, powers, and privileges of said corporation"; and for other purposes. By Senator Edenfield of the 4th Distr;ct- Senate Resolution No. 37-136A. A resolution proposing that the United States Senators and members of Congress representing Georgia in the National Congress be and they are hereby respectfully urged to use their best efforts to secure the enactment of legislation by the National Congress declaring as navigable only those rivers and streams which are navigable and that rivers and streams not navigable in fact be declared by statute; and for other purposes. By Senator Odom of the 9th District- Senate Resolution No. 57-195A. A resolution requesting the Secretary of the Interior to direct the United States Bureau of Mines to conduct a geological survey in the 2nd Congressional District; and for other purposes. By Mr. Anglin of Stewart- House Bill No. 47 A bill to amend Section 34-1302 of the Code relating to "Elections, how and when held," by providing for a method to affect a change of the hours for opening and closing the polls for elections in certain precincts; and for other purposes. By Messrs. Weaver, Grice and Bloodworth of Bibb- House Bill No. 39 A bill providing for the allowance to administrators and executors of compensation for delivering over property in kind; and for other purposes. By Messrs. Bloodworth, Grice, and Weaver of Bibb- House Bill No. 38. A bill to amend Section I13-1018 of the Code providing for distribution in kind of estates; and for other purposes. By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton- House Bill No. 442. A bill to amend an Act establishing a new Charter for the City of Atlanta; and for other purposes. By Mr. Walker of Grady- House Bill No. 480." A bill to amend the Charter of the City of Cairo, by amending an Act approved March 29, 1937, and by amending the Act establishing a Charter for the City of Cairo approved August 6, 1906, so as to prescribe the qualifications of voters; and for other purposes. By Messrs. Atkinson, Grayson, and MeNall of Chatham- House Bill No. 508. A bill to create a new municipality in Chatham County, Georgia, to be known as Garden City; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Smith and Smitha of Carroll- House Bill No. 564. A bill to amend, revise, and provide for a new Charter under the corporate name of "City of Villa Rica, Georgia," and for other purposes. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 578. A bill to amend an Act entitled "An Act to amend, revise and consolidate the several Acts granting corporate authority of the City of Americus"; and for other purposes. By Mr. Joiner of Cook- House Bill No. 585. A bill to amend an Act to incorporate the City of Adel; and for other purposes. By Mr. Mcintosh of Mcintosh- House Bill No. 588. A bill to amend an Act to provide a new Charter for the City of Darien; and for other purposes. By Messrs. Barlow and Barber of Colquitt- House Bill No. 590. A bill to amend an Act to create and incorporate the Town of Riverdale; and for other purposes. By Mr. Mcintosh of Mcintosh- House Bill No. 609. A bill authorizing the City of Darien to close parts of streets, within said City of Darien, abandon the same as streets, and to sell and dispose of said part so closed, by public or private sale; and for other purposes. The following message was received from the Senate through Mr. Camp, 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. Weaver, Grice, and Bloodworth of Bibb- House Bill No. 530. A bill to convey title to certain streets and alleys, and to close and otherwise exert authority over certain streets and alleys, all within the area acquired by the Housing Authority of the City of Macon; and for other purposes. Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time: By Messrs. Williams of Harris, Roughton of Washington, and Caldwell of Troup- House Bill No. 402. A bill to be entitled an Act to further regulate the practice of osteopathy; and for other purposes. Mr. Grayson of Chatham moved the previous question, the call was sustained and the main question ordered. TUESDAY, MARCH II, I94I The following amendments to House Bill No. 402 were read and adopted: Mr. Sabados of Dougherty moves to amend House Bill No. 402 as follows: The Caption of said bill is hereby amended by adding after the word "herewith" in the last line and before the words "and for other purposes", the words, "to amend Section 42-709 of the Code of Georgia by bringing osteopaths within the purview of said Code Section," and said bill is hereby amended by renumbering Section 5 thereof so as to become numbered as Section 7, and to add a new Section 5 to read as follows: "Section 5 Section 42-709 of the Code of Georgia, Ga. Laws I9J9, p. 288, is hereby amended by adding after the word 'physician' and before the words 'as defined by law' the words 'or osteopath', so that as amended said Code Section shall read as follows: '42-709. Enumeration of drugs; prescriptions.-lt 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, verona!, barbital, acid diethyl-barbiturie, sulfanilamide, prontylin, neoprontosil, or any salts, derivatives or compound containing any of the foregoing substances, of their salts, derivatives of compound or any trademarked or copyrighted preparation or compound registered in the United States Patent Office containing more than four grains to the avoirdupois of fluid ounce of the above substances, except on a prescription of a duly licensed physician or osteopath as defined by this law and such prescription shall be compounded only by a registered pharmacist in accordance with the Laws of this State'." Mr. Sabados of Dougherty moves to amend House Bill No. 402 as follows: The Caption of said bill is hereby amended by adding in the last line immediately before the words "and for other purposes" the words "to amend Section 42-806 of the Code of Georgia so as to authorize an osteopath to be included within the purview of said section,"-and the said bill is hereby amended by adding a new Section 6 to read as follows: "Section 6. Sub-paragraph (b) of sub-section (I) of Code Section 42-8o6 is hereby amended by adding the word 'osteopath' between the word 'physician' and the word 'dentist' so that as amended sub-section (I) of Code Section 42-8o6 shall read as follows: '(I) A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders: (a) To a manufacturer, wholesaler, or apothecary. (b) To a physician, osteopath, dentist or veterinarian. (c) To a person in charge of a hospital, but only for the use by or in that hospita!. (d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes.' " Mr. Dunaway of DeKalb moves to amend House Bill No. 402 as follows: By striking Section 2 thereof and by adding another section in lieu thereof to be known as Section 2, and reading as follows: JOURNAL OF THE HOUSE, "Section 2. Section 84-1209 of the Code of Georgia is hereby amended by adding thereto the following words, "Provided, however, osteopaths shall be authorized to use, mix, prepare, dispense and administer narcotic drugs for the alleviation of pain," so that Section 84-1209, as amended shall read as follows: "Section 84-I209. The license provided for in this chapter shall authorize the holder to practice osteopathy as taught and practiced in the legally incorporated and reputable colleges of osteopathy as provided for in this Chapter, provided, however, osteopaths shall be authorized to use, mix, prepare, dispense and administer narcotic drugs for the alleviation of pain." By striking in Section 3 wherever they occur the words, "and this shall include osteopaths," and by adding at the end of Section 42-7 I I of the Code of Georgia the following words, "and provided that 'osteopaths' shall mean a person authorized by law to practice osteopathy as defined by the laws of this State and who are also hereby authorized to use, mix, prepare, dispense and administer drugs as set out in this Chapter, but they are to use said drugs for the alleviation of pain only," so that as amended the said Section 42-7I I shall read as follows: "42-7I I. As provided by this law 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; and provided that 'osteopaths' shall mean a person authorized by law to practice osteopathy as defined by the laws of this state and who are also hereby authorized to use, mix, prepare, dispense and administer drugs as set out in this Chapter, but they are to use said drugs for the alleviation of pain only." By striking in Section 4 wherever they occur the words, "and tliis shall include osteopaths," and by adding at the end of sub-section 2 of Code Section 42-802 of the Code of Georgia the following words, "and osteopaths are also hereby authorized to secure a Federal narcotic permit as allowed physicians and other persons as provided in this Chapter and to use narcotics as osteopaths as provided by the laws of this state," so that as amended the said section shall read as follows: "(2). 'Physician' means a person iluthorized by law to practice medicine in this state and any other person authorized by law to treat sick and injured human beings in this state and to use narcotic drugs in connection with such treatment; and osteopaths are also hereby authorized to secure a Federal narcotic permit as allowed physicians and other persons as provided in this Chapter, and to use narcotics as osteopaths as provided by laws of this State." 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 I28, the nays I4. The bill having received the requisite constitutional majority was passed, as amended. By unanimous consent, authority was given Mr. Sabados of Dougherty to correct the wording of two amendments to House Bill No. 402. TUESDAY, MARCH II, 1941 By Mr. Bynum of Rabun and many others- House Bill No. '237 A bill to be entitled an Act assenting to the provisions of the Act of Congress entitled "An Act to provide that the United State~ shall aid the States in Wild Life restoration projects"; and for other purposes. Mr. Elliott of Muscogee moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was. agreed to. On the passage of the bill, the ayes were 119, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Dorsey of Cobb, Grice of Bibb, and others- House Bill No. 416. A bill to be entitled an Act to amend and revise an Act relating to adoption, laws and methods thereof; and for other purposes. Mr. Elliott of Muscogee moved the previous question, the call was sustained and the main question ordered. The following amendment to House Bill No. 416 was read and adopted: Mr. Lester of Richmond, moves to amend sub-section J, of Section J, of House Bill No. 416, by adding the following, to-wit: "Such consent, however, shall not be required if the mother has surrendered all of her rights to said child to a licensed child-placing agency, or to the State DeDepartment of Public Welfare". 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 o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Simmons and Mills of Decatur- House Bill No. 97 A bill to be entitled an Act to prohibit members of the General Assembly from accepting State Employment; and for other purposes. Mr. Ingram of Forsyth moved that House Bill No. 97 be tabled. On the motion to table, Mr. Simmons of Decatur moved the ayes and nays, and the call was not sustained. On the motion to table, the ayes were 84, the nays 40. The bill was tabled. By Mr. Williams of Ware- JOURNAL OF THE HOUSE, House Bill No. 649. A bill to be entitled an Act to create the State Park Authority; and for other purposes. The previous question was ordered. The main questio~ was ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 113, the nays 3 The bill having received the requisite constitutional majority was passed. By Messrs. Evans of McDuffie, Culpepper of Fayette, Lovett of Laurens, Blease of Brooks, and Elliott of Muscogee- House Bill No. 499 A bill to be entitled an Act to provide for the survival of suits commenced by or against public officers in their official capacity in favor of or against their successors; and for other purposes. Mr. Jones of Richmond moved the previous question, the call was sustained and the main question ordered. The following amendments to House Bill No. 499 were read and adopted: Mr. Lovett of Laurens County moves to amend House Bill No. 499 in the following respects, to-wit: By amending the title and caption of said bill by inserting after the semicolon in line six of the title the following language and punctuation: "To restrict the application of this Act;" and by adding a new section to House Bill No. 449 to be known as Section 5 to read as follows: "The provisions of this Act shall relate only to suits commenced by or against State officers in their official capacity and shall not relate or apply to suits commenced by or against municipal, district, or county officers." Mr. Lovett further moves to amend House Bill No. 499 by striking the present Section 5 and reenacting the said Section 5 as Section 6 to read as follows: "Section 6. All laws and parts of law in conflict with this Act be and the same are hereby repealed". Mr. Lovett of Laurens moves to amend House Bill No. 499 by striking the period at the end of Section 3 of said bill and by adding to the said Section 3 the following language and punctuation, to-wit: ", including all such actions that have not been formerly dismissed even though the death, removal, resignation or expiration of the term of such public officer may have occured prior to the date of the approval of this Act." So that Section 3 of the House Bill No. 499 shall read as follows: TUESDAY, MARCH II, I94I "Section 3 The provisions of this Act shall apply to suits pending on the date of its approval, including all such actions that have not been formerly dismissed even though the death, removal, resignation or expiration of the term of such public officer may have occurred prior to the date of the approval of this Act." The rep~rt 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 o. The bill having received the requisite constitutional majority was passed, as amended. Mr. Elliott of Muscogee moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Mrs. Mankin of Fulton and Messrs. Gavin of Clay and Hart of Thomas. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock. JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Wednesday, March 12, 1941. 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 Rev. Ellis A. Fuller, of Atlanta, Georgia. The roll was called and the following members answered to their names: Aiken Allison Anderson Anglin Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Curry Dallis Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Easler Edwards Elliott .. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gross Guerry Hand Harden Hardman Hardy Harris Harrison Hartness Hatchett Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Jones of Brantley Jones of Dodge Jones of Richmond Kaigler Kea of Laurens Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure McCracken Mcintosh McEntire Miller Mills Mims Mixon Moate Moore of Lumpkin WEDNESDAY, MARCH 12, 1941 847 Moore of Taliaferro Musgrove Pannell Parker Pettit Phillips Pilcher Pinkston Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of TeLfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams o Harris Williams o Jackson Williams of War J Willoughby Witherington Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills. 5 First reading and reference of Senate Bills. By unanimous consent, the following bills of the House were recommitted: By Mr. Sills of Candler- House Bill No. 155 A bill to be entitled an Act to provide for the sale and distribution of hunting and fishing licenses by the ordinaries of the various counties of this state; and for other purposes. By Mr. Bradbury of Oconee- House Bill No. 159. A bill to be entitled an Act to legalize seining in Oconee County; and for other purposes. JOURNAL OF THE HOUSE, By unanimous consent, the following bills and resolutions were introduced, read the first time and referred to the committees: By Mr. Fuller of Toombs- Honse Bill No. 730. A bill to be entitled an Act to create and incorporate the City of Pine Forrest; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Williams of Jackson- House Bill No. 731. A bill to be entitled an Act to create a Charter for the City of Garden Valley in the County of Jackson; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Griffin of Wilkes- House Bill No. 732. A bill to be entitled an Act to establish the City Court of Washington; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Wells of Telfair- Honse Bill No. 733 A bill to be entitled an Act to amend and consolidate the several Acts incorporating the Town of Milan; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Barlow and Barber of Colquitt- House Bill No. 734 A bill to be entitled an Act to transfer all of the powers, duties, and functions of the State Department of Agriculture to the Board of Regents of the University System of Georgia; and for other purposes. Referred to the Committee on State of Republic. By Mr. Wells of ClaytonHouse Bill No. 735 A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Lovett and Kea of Laurens, Mims of Miller, and Witherington of WilcoxHouse Bill No. 736. A bill to be entitled an Act to amend an Act so as to provide forlevying tax of $15.00 on veterinarian practitioners licensed to practice as veterinarians in the State of Georgia; and for other purposes. Referred to the Committee on Ways and Means. By Mr. Willoughby of ClinchHouse Bill No. 737 A bill to be entitled an Act to require the County Board WEDNESDAY, MARCH 12, 1941 of Educ~tion of Clinch County to publish quarterly financial reports; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Willoughby of Clinch- House Bill No. 738. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Clinch; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Willoughby of Clinch- House Bill No. 739 A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Clinch; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Willoughby of Clinch- House Bill No. 740. A bill to be entitled an Act to regulate and govern the opening and closing of seasons for the hunting of deer in Clinch County; and for other purposes. Referred to the Committee on Game and Fish. By Mr. Willoughby of Clinch- House Bill No. 741. A bill to be entitled an Act to amend an Act to create and establish the County Court of Clinch County; and for other purposes. Referred to the Committee on Counties and County Matters: By Mr. Allison of Gwinnett- House Bill No. 742. A bill to be entitled an Act to amend an Act entitled: "An Act to fix the salary of the Treasurer of Gwinnett County in lieu of commissions as now paid"; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Goolsby of Monroe- House Resolution No. 13o-742A. A resolution te provide that the State Librarian furnish the County of Monroe certain Law Books; and for other purposes. Referred to the Committee on Public Library. By Messrs. Jones and Yawn of Dodge- House Resolution No. 131-742B. A resolution proposing to the qualified voters of Georgia an amendment so as to authorize the issuance of funding bonds of the County of Dodge; and for other purposes. JOURNAL OF THE HOUSE, Referred to the Committee on Amendments to Constitution No. 2. By Messrs. Pettit and Martin of Bartow- House Resolution No. 132-742C. A resolution to relieve W. A. Jones, A. P. Reynolds, and C. R. Wilbanks as sureties on the bond of D. F. Wilbanks; and for other purposes. Referred to the Committee on Special Judiciary. By Mr. Miller of Lanier- House Bill No. 743 A bill to be entitled an Act to amend an Act creating a board of Commissioners of Roads and Revenues for the County of Lanier; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Dunaway of DeKalb- House Bill No. 744 A bill to be entitled an Act to amend an Act establishing a new Charter for the City of Atlanta; and for other purposes. Referred to the Committee on Municipal Government. Mr. Elliott of Muscogee 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. 307. Do pass. House Bill No. 666. Do pass. House Bill No. 99 Do not pass. House Bill No. 100. Do not pass. House Bill No. 101. Do not pass. House Bill No. 183. Do not pass. House Bill No. 213. Do not pass. House Bill No. 394 Do 'hot pass. House Bill No. po. Do not pass. Respectfully submitted, Elliott of Muscogee, Chairman. Mr. Sabados of Dougherty County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report: WEDNESDAY, MARCH 12, I94I Mr. Speaker: Your Committee on Amendments to Constitution No. I 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. 725. Do pass, by substitute. House Bill No. 727. Do pass. House Bill No. 726. Do pass. Respectfully submitted, Sabados of Dougherty, Chairman. Mr. Dorsey 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 con. sideration 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: House Bill No. 7I4. Do pass. House Resolution No. I 27-727A. Do pass. Senate Bill No. IJ5 Do pass. House Resolution No. 8cr511A. Do pass. House Resolution No. I28-727B. Do pass. House Resolution No. 67-375A. Do pass. Respectfully submitted, Dorsey of Cobb, Chairman. Mr. Ferguson of Camden County, Chairman of the Committee on Game and Fish, submitted the following report: Mr. Speaker: Your Committee on Game and Fish have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. I 55 Do pass, by substitute. Respectfully submitted, Ferguson of Camden, Chairman. JOURNAL OF THE HOUSE, Mrs. Guerry of Macon County, Chairman of the Committee on Historical Re- search, submitted the following report: Mr. Speaker: Your Committee on Historical Research 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. I24. Do pass. Respectfully submitted, Mrs. Guerry of Macon, Chairman. Mr. Dunaway 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. 539 Do pass. House Bill No. 722. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Strickland of Haralson County, Chairman of the Committee on Public Highways No. I, submitted the following report: Mr. Speaker: Your Committee on Public Highways No. I 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. 7I2. Do pass. Respectfully submitted, Strickland of Haralson, Chairman. Mr. Drinkard of Lincoln County, Chairman of the Committee on State of Republic, submitted the following report: Mr. Speaker: Your Committee on State of Republic have had under consideration the following bills and resolution of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. I86. Do pass. WEDNESDAY, MARCH 12, 1941 853 House Bill No. 56o. Do pass. House Bill No. 462. Do pass. Senate Bill No. 97 Do pass. Senate Bill No. 18. Do pass. Senate Bill No. 91. Do pass. Senate Resolution No. J8-137A. Do pass. Respectfully submitted,, Drinkard of Lincoln, Chairman. The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the committee: By Mr. Gowen of Glynn- House Bill No. 213. A bill to be entitled an Act to provide a system of pensions and retirement benefits for school teachers; and for other purposes. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Park of the 19th District- Senate Bill No. 18. A bill to be entitled an Act to regulate the financial operations of the State, to provide by fixed allowance for travel, transportation, food and lodging, to provide a limit to the allowance made for expenses of the Mansion, to provide for the liability of public officials in the event of expenditure of funds unauthorized; and for other purposes. By Senators Redwine of the 26th and Edenfield of the 4th Districts- Sel}ate Bill No. 91. A bill to be entitled an Act to prescribe the compensation of the Director of the State Department of Public Welfare; and for other purposes. By Senators Houston of the 51st and Milhollin of the 46th Districts- Senate Bill No. 97 A bill to be entitled an Act to provide for a recount of the ballots in all primary elections hereafter held in the State of Georgia for the nomination of candidates for members of the General Assembly, Governor, Statehouse Officers, and all other State, County and National Officers elected by the people; and for other purposes. By Senator Kirkland of the 49th District- Senate Bill No. IJ5 A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment so as to authorize Evans County to issue Funding Bonds; and for other purposes. By Senator Drake of the 8th District- Senate Resolution No. J8-IJ7A. A resolution submitting to the qualified voters JOURNAL OF THE HOUSE, of Georgia an amendment to provide for $3.00 per day to each member of the General Assembly as subsistence; and for other purposes. By Messrs. Russell of White and Williams and Hardy of Jackson- House Resolution No. 124. A resolution to pay tribute and honor to Dr. L. G. Hardman who was leader in the State of Georgia in the advancement of all things contributing to the progress and welfare of this State, by naming the bridges across the Chattahoochee River in Nacoochee Valley in his memory. By Mr. Wells of Burke- House Bill No. 186. A bill to be entitled an Act to establish State Standards of Weights and Measures; to provide for the receipt of primary standard of both weight and measure from the U. S. Bureau of Standards; and for other purposes. By Messrs. Bynum of Rabun, Foster of Towns, Russell of White, Looper of Dawson, Rich of Union, and Inglis of Habersham- House Bill No. 307. A bill to be entitled an Act to appropriate to the Department of Entomology $I,ooo.oo to be used in the inspection and certification of Irish potatoes; and for other purposes. By Messrs. Sabados of Dougherty, Roughton of Washington, and Hicks of Floyd- House Resolution No. 67-375A. A resolution proposing to the qualified voters of Georgia an amendment to prohibit the making, enforcing or maintaining of a rule, regulation, order or ordinance on the part of the State or any of its political subdivision from barring from public office or public employment in this State, or such political subdivisions of any person, sui juris solely because of an age limit lesser than 55 years; and for other purposes. By Mr. Sills of Candler- House Bill No. 462. A bill to be entitled an Act to amend the Act creating the State Department of Natural Resources and four subdivisions thereof; and for other purposes. By Mr. Greene of Jones- House Resolution No. 89-511A. A resolution proposing to the qualified voters of Georgia an amendment relating to t~xation, how and for what purposes exercised, by providing that widows of ex-confederate soldiers who were residents of this State on January 1, 1935, etc.; and for other purposes. By Mr. Sills of Candler- House Bill No. 56o. A bill to be entitled an Act governing the drilling and operation of wells drilled for oil, gas or water in Georgia; and for other purposes. By Messrs. Atkinson of Chatham and Grice of Bibb- House Bill No. 666. A bill to be entitled an Act to appropriate the sum of $12,500.00 to the Department of Archives and History for the purpose of completing WEDNESDAY, MARCH 12, 1941 the publication of the colonial records of Georgia, known as the Candler Collection; and for other purposes. By Messrs. Davis and Arnall of Coweta- House Bill No. 712. A bill to be entitled an Act to amend the "Highway Mileage" Act so as to allow additional mileage to Coweta County; and for other purposes. By Messrs. Joiner of Cook and Connell of Lowndes- House Bill No. 714. A bill to be entitled an Act to propose to the qualified voters of .Georgia an amendment so as to authorize the County of Cook to incur a bonded indebtedness; and for other purposes. By Mr. Brinson of Chattooga- House Bill No. 722. A bill to be entitled an Act to amend an Act to create and incorporate the City of Summerville in lieu of the Town of Summerville; and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 7'15. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment so as to authorize the Crawford School District to issue bonds; and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 726. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to authorize the City of Lexington to issue bonds; and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 727. A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment so as to authorize Oglethorpe County to issue refunding bonds; and for other purposes. By Messrs. Roberts and Allison of Gwinnett- House Resolution No. 127-727A. A resolution to be entitled an Act proposing to the qualified voters of Georgia an amendment so as to authorize Sunny Hill Consolidated School District of Gwinnett County to incur a bonded indebtedness; and for other purposes. By Messrs. Ferguson and Suggs of Sumter- House Resolution No. 128-727B. A resolution proposing to the qualified voters of Georgia an amendment so as to authorize the General Assembly to provide for the compensation of all county officers either upon a fee basis or upon a salary basis, etc.; and for other purposes. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 539 A bill to be entitled an Act to amend an Act providing for JOURNAL OF THE HOUSE, the adoption of building codes by the commissioners of roads and revenues of counties of this State; and for other purposes. By unanimous consent, the following bills of the House and Senate were read the third time, and placed upon their passage: By Senator Gross of the 2oth DistrictSenate Bill No. 93 A bill to be entitled an Act to establish the City Court of Sandersville; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Harrison of the 23rd District- Senate Bill No. 117. A bill to be entitled an Act to reduce the bond of the Clerk of the Superior Court of Crawford County from $J,OOO.oo to $1,000.00; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Guyton of the Ist DistrictSenate Bill No. 1 54 A bill to be entitled an Act to create and incorporate the City of Springfield in the County of Effingham; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Rich of UnionHouse Bill No. so6. A bill to be entitled an Act to exempt from the operation of Sections 62-510, 62-511 of the Code of Georgia certain militia districts in Union County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. WEDNESDAY, MARCH I2, I94I 857 By Mr. Rowland of Johnson- House Bill No. 623. A bill to be entitled an Act to amend an Act creating a new Charter for the City of Wrightsville; and for other purposes. The following substitute to House Bill No. 623 was read and adopted: A BILL To be entitled an Act to amend an Act approved August I8, I923 (Acts of 1923, pp. 840 to 857), creating a new Charter for the City of Wrightsville, and the several Acts amendatory thereof, by providing for the election by the qualified voters of the whole city of one councilman from each of the three districts of said city; hy defining the districts; by defining the qualifications and terms of office of said councilmen; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME: Section 1. That Section I of an Act approved August I 8, 1923 (Acts of I923, pp. 840 to 857), creating a new Charter for the City of Wrightsville be, and the same is hereby amended by striking from said Section the words "six" and substituting in lieu thereof the word "three" so that said Section as amended, shall read 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 the municipal government of the City of Wrightsville shall consist of a mayor and three councilmen who are hereby constituted a body corporate under the name and style of 'the mayor and councilmen of Wrightsville', and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have a common seal, make contracts, hold, possess, by purchase or gift, and shall have the right to purchase and sell for the use of said city, real estate and personal proper~y, and to sue and be sued." Section 2. That Section 2 of the aforesaid Act be, and the same is hereby amended by adding at the end of said Section the following: "The city shall be divided into three districts as follows: District 1. All of the territory within the city limits east of the Wrightsville and Tennille Railway. District 2. All of the territory within the city limits south of Elm Street and west of the Wrightsville and Tennille Railway. District 3 All the territory within the city limits north of Elm Street and west of the Wrightsville and Tennille Railway." so that said Section as amended shall read as follows: "Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Wrightsville shall extend three-fourths of a mile in every direction from the center of the courthouse, in the County of Johnson, State of Georgia, as it is now situated. The city shall be divided into three districts as follows: District 1. All of the territory within the city limits east of the Wrightsville and Tennille Railway. District 2. All of the territory within the city limits south of Elm Street and west of the Wrightsville and Tennille Railway. District 3 All of the territory within the city limits north of Elm Street and west of the Wrightsville and Tennille Railway." Section 3 That Section 3 of said Act, as amended by an Act approved March JOURNAL OF THE HOUSE, 23, 1933, (Acts of 1933, pages 1151 to 1154), be, and the same is hereby amended by striking and repealing said Section 3 in its entirety, and substituting in lieu thereof a new section to be numbered and to read as follows: "Section 3 Be it further enacted by the authority aforesaid, that the officers of said City of Wrightsville shall comprise the mayor and three councilmen; the mayor to hold office for the term of one (1) year and until his successor is elected and qualified, the councilmen to hold office for the term of two (2) years and until their successors are elected and qualified; each councilman shall represent a different district of said city and shall reside at the time of his election and during his term of office in the district which he represents, but shall be elected by the qualified voters of the whole city; provided, however, that at the first election held in and for said city hereafter, three (3) councilmen shall be elected for the term of two (2) years from the first day of December, 1941." Provided further that any two members of said council shall constitute a quorum for the transaction of any business of said City of \Vrightsville, and the vote of any two members of said council shall constitute a majority, and shall be sufficient to decide any question or matter by said council. Section 4 That Section 4 of said Act, as amended by an Act approved March 23, 1933, (Acts of 1933, pp. II 51 to 11 54) be, and the same is hereby amended by striking and repealing said Section 4 in its entirety and inserting in lieu thereof a new section to be numbered and to read as follows: "Section 4 Be it further enacted by the authority aforesaid, that an election shall be held at the City Hall in the City of Wrightsville on the first Tuesday of November next, for a mayor and three coun'cilmen, the mayor to hold office for one year and until his successor is elected and qualified, and the councilmen for a term of two (2) years and until their successors are elected and qualified; an election shall be held annually thereafter for the purpose of electing a mayor, and three councilmen shall be elected at each of said elections which are held in odd-numbered years; it being the purpose of this Act to provide a mayor and three councilmen, the mayor to hold office for one year, and the councilmen for two years; that said election shall be open at 8 A.M. and close at 4 o'clock P.M., same to be held under the superintendence of a justice of the peace and two freeholders in said city, or by three freeholders in said city, under the form, rules, and regulations prescribed by law for the election of members of the General Assembly of said State, insofar as they are applicable to such election and do not conflict with the rules herein prescribed." Section 5 That Section 5 of said Act be, and the same is hereby amended by striking from said Section the words "Wednesday in January" and substituting in lieu thereof the words "day in December", so that said Section as amended shall read as follows: "Section 5. Be it further enacted by the authority aforesaid, that the person or persons who shall receive the highest number of votes at said election for mayor and councilmen, respectively, shall be declared duly elected, and it shall be the duty of the superintendents of election to declare the results of said election, and shall issue certificates of election to such persons receiving the highest number of legal votes polled, which officer shall qualify on the first day in December, next after said election, or so soon as is practicable thereatter, by taking an oath before some officer WEDNESDAY, MARCH 12, 1941 authorized to administer oaths ~n this State, to well and truly perform the duties ot their respective offices as mayor and councilmen, during their continuance therein. which oath, with the list of voters and tally sheet and certificates of election given by said superintendents, shall be entered of record on the minutes of said council and the original filed in the office of the clerk of council." Section 6. That all laws and parts of laws in conflict herewith are hereby re. pealed. 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 108, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By Mr. Bridges of Early- House Bill No. 637. A bill to be entitled an Act to change the time of holding the Superior Court of Early County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Adams of Wheeler- House B.ill No. 655. A bill to be entitled an Act to provide for the holding of three terms of the Superior Court 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 103, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Elliott and Wohlwender of MuscogeeHouse Bill No. 658. A bill to be entitled an Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 104, the nays o. J'he bill having received the requisite constitutional majority was passed. By Mr. Smiley of LibertyHouse Bill No. 664. A bill to be entitled an Act to describe, define and officially R6o JOURNAL OF THE HOUSE, name a .system of coordinates for designating the po~itions of points on the surface of the earth within 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 110, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Bennett of Jeff Davis- House Bill No. 66g. A bill to be entitled an Act to provide for the disposition for all funds, records, papers and accounts that may have been kept regarding said Depository for Jeff Davis County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Warnock of Montgomery- House Bill No. 675. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Montgomery; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. By :\1r. \\'arnock of MontgomeryHouse Bill No. 676. A bill to be entitled an Act to repeal the Act creating a new Board of Commissioners of Roads and Revenues for the County of Montgomery; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 108, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, House Bill ~os. 675 and 676 were ordered immediately transmitted to the Senate. By Mr. Fuller ofToombsHouse Bill ~o. 681. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Toombs; and for other purposes. WEDNESDAY, MARCH 12, 1941 861 The following substitute by Mr. Fuller of Toombs to House Bill No. 681 was read and adopted: A BILL To be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue in and for the County of Toombs; to prescribe his duties and powers; to provide punishment for failure to perform certain duties; etc., approved March IO, 1933 (Georgia Laws 1933, pages 687-698), by striking all of Section 23 of said Act and substituting in lieu thereof a new paragraph providing for an advisory board of five members, naming them; providing for the term of office, the manner and time of appointment, their duties and compensation; providing for the filling of vacancies of members of said advisory; fixing the salary of the County Commissioner, and also the salary of the Clerk of the County Commissioner; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: SECTION 1. That the Act creating the office of Commissioner of Roads and Revenue in and for the County of Toombs; to prescribe his duties and powers; to provide punishment for failure to perform certain duties; etc., approved March 10, 1933 (Georgia Laws 1933, pp. 687-698) be and the same is hereby amended by striking all of Section 23 of said Act and substituting in lieu thereof a new paragraph providing for an advisory board of five members, naming them; providing for the term of office, the manner and time of appointment, their duties and compensation; providing for the filling of vacancies of members of said advisory board; so that when said Act is so amended, Section 23 thereof shall read as follows: "Be it further enacted by the authority aforesaid, that for the purpose of counseling and advising with the commissioner of roads and revenue as prOvided for in this act, there shall be an advisory board in and for said county, composed of five members as follows: M. F. Brice, W. A. Estroff, Jewel Lewis, T. W. Deese and W. B. Hart. The said named members of said advisory board shall hold office from May 1, 1941 until the next regular election tor county officers and their successors be appointed by the Grand Jury of Toombs County. Said advisory board shall meet the commissioner of roads and revenue at his office at the court house on the first Monday in each month, beginning on the first Monday in May, 1941, and shall advise the said commissioner and subject him to inquiry upon any and all matters in connection with his official duties. Said board shall not hold more than one meeting in said month. Said board shall make such recommendations to the commissioner as thev mav deem advisable. All recommendations made by said board shall be car~fu!ly considered by the said commissioner, and shall be given due weight by him in determining what is for the best interest of the county. The members of said board shall each be paid the sum of $2.00 for each meeting for which they attend. Any vacancy in said board, by death, resignation, or otherwise, may be filled by the other members of said board. In the event of a tie in such election, the commissioner shall be entitled to cast the deciding vote, and the person so elected to fill such vacancy shall be commissioned to hold such office for the unexpired portion of 862 JOURNAL OF THE HOUSE, the term. Said members of the advisory board shall be replaced by the Grand Jury at the expiration of the term of the present county officers, and each year thereof." SECTION 2. Be it further enacted that Section 7 of said Act is hereby amended by striking the figures "$21oo.oo" from the tenth line of said section, and inserting in lieu thereof the figures $24oo.oo", so that said section, as amended, shall read as follows: "Section 7 Be it further enacted by the authority aforesaid, that said commissioner shall devote his entire time to the business and interest of said County of Toombs in the performance and discharge of his duties, and shall receive as compensation for his time and to cover all expenses incurred by him, for traveling in and over said county, owning and/or operating an automobile in the discharge of his duties, the cost of fuel and upkeep thereof, and any and all other pay, reimburse, for expenses, emoluments, perquisites, the sum of 124oo.ooper annum, the same to be paid monthly or otherwise as said commissioner may elect." SECTION 3 Be it further enacted that Section 19 of said Act is hereby amended by striking the figures "$so.oo" from the end of the second line of said section, and inserting in lieu thereof the figures "16s.oo", so that said Section 19, as amended, shall read as follows: "Section 19. That said commissioner shall have authority to employ a competent clerk at a salary not to exceed $65.00 per month, and as authorized in his discretion may require a bond, and shall prescribe the duty of such clerk, and may, with or without cause, discharge such clerk at any time." 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 ~greed to, by substitute. On the passage of the bill, by substitute, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By Mr. Howard of Long- House Bill No. 693. A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenue of Long County; and for other purposes. The following amendment to House Bill No. 693 was read and adopted: Mr. Howard of Long moves to amend House Bill No. 693 by striking the word Atlanta wherever the same occurs in said bill and by substituting the word Atlantic. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. WEDNESDAY, MARCH 12, I94I 86J On the pas~age of the bill, as amended, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Mr. Heard of Elbert- House Bill No. 695 A bill to be entitled an Act to amend the Charter of 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 I IJ, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gowen of Glynn- House Bill No. 700. A bill to be entitled an Act to authorize the Commissioner of Roads and Revenues for Glynn County, to sell or lease, all or any part of the dedicated area in that subdivision on St. Simons Island known as "Arnold Villa Estates"; and for other purposes. The following amendment to House Bill No. 700 was read and adopted: Mr. Gowen of Glynn moves to amend House Bill No. 700 as follows: By striking from the end of Section I the words "except the streets", so that said section as amended shall read: "Section 1. The Commissioner of Roads and Revenues for Glynn County, Georgia, are hereby authorized in their discretion to sell, or lease for such term of years as they may deem proper, to the adjoining land owner or land owners all or any part of the areas that have been dedicated for public use in that subdivision on St. Simons Island, Georgia, known as Arnold Villa Estates." 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 I 12, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Mr. Dunaway of DeKalb- House Bill No. 706. 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 was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were II I, the nays o. The bill having received the requisite constitutional majority was passed. JOURNAL OF THE HOUSE, By Messrs. Hooks and Woods of Emanuel- House Bill No. 707. A bill to be entitled an Act providing for a two year term for Mayor of the City of Swainsboro; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 1 10, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Campbell and Livingston of Polk- House Bill No. 709. A bill to be entitled an Act to amend an Act to incorporate the Town of Van Wert, in the County of Polk; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Jones, Lester, and Harris of Richmond- House Bill No. 711. A bill to be entitled an Act to amend the Civil Service Commission Act of the City of Augusta; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 108, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Anderson of Wayne- House Bill No. 713. A bill to be entitled an Act to amend an Act to incorporate and create a new Charter for the City of Jesup; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Dorsey and Welsch of Cobb- House Bill No. 715. A bill to be entitled an Act to amend an Act to authorize the Mayor and Council of the City of Marietta to order and have held an election by the qualified voters of said city to determine whether or not bonds shall be issued by the City of Marietta; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, MARCH 12, 1941 On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Lovett and Kea of Laurens- House Bill No. 716. A bill to be entitled an Act to amend the Act to create a new Charter for the City of Dublin; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Atkinson, Grayson, and McNall of Chatham~ House Bill No. 717. A bill to be entitled an Act to amend the several Acts relating to and incorporating the City of Savannah, particularly with respect to certain streets and lanes of said City; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Yawn and Jones of Dodge- House Bill No. 718. A bill to be entitled an Act to amend an Act to establish the City Court of Eastman; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senators Campbell of the 34th and Couch of the pnd Districts- Senate Bill No. 122. A bill to be entitled an Act to amend an Act so as to include the possession, lending or transportation of any indecent or obscene pictures or literature, or articles of indecent and obscene use, among the acts prohibited and penalized by said section; and for other purposes. Referred to the Committee on General Judiciary. By Senators Milhollin of the 46th and Edenfield of the 4th Districts- Senate Bill No. 123. A bill to be entitled an Act to amend an Act relating to the apportionment of the members of the House of Representatives by re-apportion- 866 JOURNAL OF THE HOUSE, ing the members of the House of Representatives among the several counties according to the last census of the United States; and for other purposes. Referred to the Committee on Legislative and Congressional Reapportionment. By Senator Lanier of the 18th DistrictSenate Bill No. IJ4 A bill to be entitled an Act to amend an Act relating to the filing of annual returns by administrators and executors; and for other purposes. Referred to the Committee on Special Judiciary. By Senator Edenfield of the 4th DistrictSenate Resolution No. 37-136A. A resolution proposing that the United States Senators and members of Congress representing Georgia in the National Congress be and they are hereby respectfully urged to use their best efforts to secure the enactment of legislation by the National Congress declaring as navigable only those rivers and streams which are navigable and that rivers and streams not navigable in fact be declared by statute; and for other purposes. Referred to the Committee on State of Republic. By Senator Couch of the 52nd District- Senate Bill No. 137. A bill to be entitled an Act to amend an Act authorizing county commissioners or ordinaries to carry on schools for instructing adult illiterates; and for other purposes. Referred to the Committee on Public Education No. 1. By Senator Couch of the 52nd District- Senate Bill No. 138. A bill to be entitled an Act to amend an Act relating to the powers and duties of the State Board of Education with respect to adult illiteracy; and for other purposes. Referred to the Committee on Public Education No. 1. By Senators Coker of the 39th, Edenfield of the 4th, Campbell of the 34th and Couch of the 52nd Districts- Senate Bill No. 142. A bill to be entitled an Act to provide for the sale and distribution of hunting and fishing licenses by the ordinaries of the various counties of the State; and for other purposes. Referred to the Committee on Game and Fish. By Senator Redwine of the 26th District- Senate Bill No. 150. A bill to be entitled an Act to amend an Act to create a Department of Public Safety for Georgia; and for other purposes. Referred to the Committee on State of Republic. By Senator Lanier of the 18th District- Senate Bill No. 151. A bill to be entitled an Act to amend an Act relating to WEDNESDAY, MARCH 12, 1941 the amount and manner of payment of pensions to Confederate Soldiers, by providing for the payment of $wo.oo upon the death of any such soldier or widow for burial expenses; and for other purposes. Referred to the Committee on Pensions. By Senator Couch of the s2nd DistrictSenate Bill No. ISS A bill to be entitled an Act to amend an Act to provide that counties having a population of more than 200,000 shall furnish aid and relief and pensions to regular members of county police departments but not to supernumeraries not in active service; and for other purposes. Referred to the Committee on Counties and County Matters. By Senators Edenfield of the 4th, Guyton of theIst, and Coxon of the 2nd Districts- Senate Bill No. Iss. A bill to be entitled an Act to amend an Act relating to the taxation of distributors or dealers in oysters, shrimp, prawn and crab, by providing additional regulations for the taking and unloading of shrimp; and for other purposes. Referred to the Committee on Game and Fish. By Senator Couch of the s2nd District- Senate Bill No. IS9 A bill to be entitled an Act to provide the time at which primary elections for nomination of county officers shall be held in counties having a population of not less than 2oo,ooo; and for other purposes. Referred to the Committee on Counties and County Matters. By Senators Drake of the 8th and Coker of the 39th Districts- Senate Bill No. 176. A bill to be entitled an Act to amend an Act defining certain terms used in Chapter 68-S of said Code and providing certain exemptions not to be included under the term "motor carrier" by enlarging the scope of the exemptions from the term "motor carrier"; and for other purposes. Referred to the Committee on Motor Vehicles. By Senator Daughtry of the 21st District- Senate Bill No. 186. A bill to be entitled an Act to amend an Act incorporating the Town of Mcintyre; and for other purposes. Referred to the Committee on Municipal Government. By Senator Kiker of the 41st District- Senate Bill No. 191. A bill to be entitled an Act to incorporate and establish the City of Ellijay; (Amendment) and for other purposes. Referred to the Committee on Municipal Government. 868 JOURNAL OF THE HOUSE, By Senator Odom of the 9th District- Senate Resolution No. 57-I95A. A resolution requesting the Secretary of the Interior to direct the United States Bureau of Mines to conduct a geological survey in the 2nd Congressional District; and for other purposes. Referred to the Committee on Mines and Mining. Mr. Brinson of Chattooga moved that the House reconsider its action in failing to pass the following bill of the House: By Messrs. Elliott of Muscogee and Brinson of Chattooga- House Bill No. 391. A bill to be entitled an Act to provide an alternativs:, and simpler method for the trial and correction of errors of law by the Supreme Court and Court of Appeals; and for other purposes. On the motion to reconsider, the ayes were I I3, the nays o. The bill was reconsidered. The following bill of the House was taken up for the purpose of considering the Senate substitute thereto: By Messrs. Weaver, Grice, and Bloodworth of Bibb- House Bill No. 530. A bill to be entitled an Act to convey title to certain streets and alleys, and to close and otherwise exert authority over certain streets and alleys, all within the area acquired by the Housing Authority of the City of Macon; and for other purposes. The following Senate substitute to House Bill No. 530 was read: An Act to provide for and direct the conveyance of title to certain streets and alleys; to provide for the vacating and closing of certain streets and alleys; to provide for the granting of certain encroachments; and to provide for the ratification of the action of the City of Macon in closing and vacating certain streets and alleys and in granting certain encroachments; all said streets and alleys being within and said encroachments being adjacent to project areas acquired in Bibb County by the Housing Authority of the City of Macon, Georgia; and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of the City of Macon, as shown by the minutes of its regular meeting on the 29th day of August, I939, vacating, closing and abandoning the following streets and alleys within the corporate limits of the City of Macon, be and the same is hereby ratified and confirmed as follows, to-wit: Curd Street and Henrietta Street between Nussbaum Avenue and Alabama Avenue; Tindall Avenue and Campbell Avenue between Elizabeth Street and Plant Street; And all alleys bounded by Plant Street on the southwest, Alabama WEDNESDAY, MARCH 12, 1941 Avenue on the northwest, Elizabeth Street on the northeast and Nussbaum Avenue on the southeast; And said streets and alleys are hereby vacated, closed and abandoned. SECTION 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of the City of Macon, as shown by the minutes of its regular meeting on the 15th day of August, 1939, vacating, closing and abandoning the following streets and alleys within the corporate limits of the City of Macon, be and the same is hereby ratified and confirmed as follows, to-wit: Ross Street between Oglethorpe Street and Hazel Street; and Woods Alley between Oglethorpe Street and Hazel Street; And said street and alley are hereby vacated, closed and abandoned. SECTION 3 Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of the City of Macon, as shown by the minutes of its regular meeting on the 18th day of February, 1941, vacating, closing and abandoning the following streets and alleys within the corporate limits of the City of Macon, be and the same is hereby ratified and confirmed as follows, to-wit: Third Street from the southerly side of DeBorde Street to Whitehead Street; Whitehead Street from the westerly side of Broadway to the easterly side of Cedar Street and Cedar Lane; Mary Street between Daisy Street and College Drive; Daisy Street from the northerly side of Plant Street to a point on Daisy Street which would be fixed by extending the northerly side of Elizabeth Street so that it would intersect with Daisy Street; and So much of that alley which extends between College Drive and Daisy Street in a direction approximately parallel with said streets as lies north of Plant Street and south of a line representing an extension of the northerly side of Elizabeth Street across said alley; And said streets and alley are hereby vacated, closed and abandoned. SECTION 4 Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the action of the Mayor and Council of the City of Macon, as shown by its encroachment deed dated the 29th day of August, 1939, and recorded in the office of the Clerk of the Superior Court of Bibb County in Book 468, page 586, conveying to the Housing Authority of the City of Macon, Georgia, the encroachments therein described into Oglethorpe JOURNAL OF THE HOUSE, Street, Calhoun Street and Hazel Street, all in the City of Macon, be and the same is hereby ratified and confirmed; and said encroachments are hereby granted and conveyed to said Housing Authority of the City of Macon, Georgia. SECTION 5 Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that all of the right, title and interest which the State of Georgia owns or holds to the area within those portions of Ross Street and Woods Alley within the City of Macon vacated, closed and abandoned by action of the Mayor and Council of the City of Macon, and herein ratified and confirmed, be and the same is granted, bargained, sold and conveyed unto the said Housing Authority of the City of Macon, Georgia, its successors and assigns, in fee simple, to-wit: All that portion of Ross Street in the City of Macon, Bibb County, Georgia, between Oglethorpe Street and Hazel Street; and All that portion of Woods Alley in the City of Macon between Oglethorpe Street and Hazel Street. SECTION 6. Be it further enacted by the authority aforesaid that the Mayor and Council of the City of Macon be, and hereby is, authorized and directed to execute and deliver to the said Housing Authority of the City of Macon, Georgia, its deed of conveyance, without consideration, conveying to the said Housing Authority of the City of Macon, Georgia, all of the right, title and interest which the State of Georgia or the City of Macon owns or holds in and to said described portions of Ross Street and Woods Alley, hereby ratifying and confirming all that the Mayor and Council of the City of Macon may do pursuant hereto, in as full and ample a manner as if the same were done by the State of Georgia under its Great Seal. SECTION 7 Nothing herein contained shall operate to affect any right of action for damages which any person or persons may have by reason of any acts of the Mayor and Council of the City of Macon herein ratified and confirmed; nor shall this Section, or anything herein contained, operate as a declaration of recognition of any such right of action. SECTION 8. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Mr. Bloodworth of Bibb moved that the House agree to the Senate substitute. On the motion to agree, the ayes were I 14, the nays o. The substitute was agreed to. The following report of the Committee on Rules was read: Report of Committee on Rules Mr. Speaker: Your Committee on Rules having had under consideration the matter of fixing a calendar for Wednesday, March 12, 1941, submits the following report: This WEDNESDAY, MARCH 12, 1941 committee recommends that the following bills be set as special and continuing order of business on said date. 1. House Resolution No. 36-137E. Jurisdiction of Justices of Peace. 2. House Bill No. 395 State Librarian. 3 House Bill No. 396. State Librarian Fees. 4 House Bill No. 211. Designation registrars. 5 House Bill No. 165. Negro Training Schools. 6. House Bill No. 448. Fresh Water Fish. 7 House Bill No. 271. Power of Attorney-Generals. 8. House Bill No. 345 Amending Charter of Georgia Railway. 9 House Bill No. 351. Taxation of property of Georgia Railway. 10. House Bill No. 302. Capitol Bank Bill. 11. House Bill No. 380. Income Tax. 12. House Bill No. 379 Intangible Tax Amendment. 13. House Bill No. 352 County Traffic Regulations. 14. House Bill No. 353 Cadastral Survey. 15. House Bill No. 215. Lien Law. i6. House Bill No. 83. Civil Service Engineers. 17. House Bill No. 81. Absentee Ballot. 18. House Bill No. 671. Cancellation of Bonds. 19. House Bill No. 161. Lethal Gas Bill. Evans of McDuffie, Chairman. Drinkard of Lincoln, Secretary. Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time: By Messrs. Evans of McDuffie and Smith of Hall- House Resolution No. 36-137E. A RESOLUTION Proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article VI, Section VII, Paragraph II of the Constitution of Georgia increasing the civil jurisdiction of Justices of the Peace in this State: JOURNAL OF THE HOUSE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION I. That Article VI, Section VII, Paragraph II of the Constitution of the State of Georgia be and the same is amended by striking out the paragraph now reading as follows: "Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum does not exceed one hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said Court, or an appeal to the Superior Court, under such regulations as may be prescribed by law." And inserting in lieu of the paragraph so stricken a new paragraph, to read as follows: "Article VI, Section VII, Paragraph II, Justices of the Peace shall have jurisdiction in all civil cases arising ex contractu, and in cases of injury or damage to personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said Court, or an appeal to the Superior Court under such regulation as may be prescribed by law." SECTION II. Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by a twa-thirds vote of the members of each House, said amendment shall be entered on the journals with the "Ayes" and "Nays" and shall be published by the Governor in one or more newspapers in each Congressional District in t~e State of Georgia for two months previous to the time of holding the next general election, and a brief and concise summary of said amendment, not exceeding two hundred words, shall be published in the newspaper in each county in which sheriff's advertisements are published twice during the two weeks immediately prior 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 -the adoption of the said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of the amendment to Article VI, Section VII, Paragraph II of t~.e Constitution of Georgia increasing the civil jurisdiction of Justices' Courts. And all persons opposed to the adoption of said amendments shall have written or printed on their ballots the words: "Against ratification of the amendment to Article VI, Section VII, Paragraph II, of the Constitution of Georgia increasing the civil jurisdiction of the Justices' Courts." Should a majority of the electors qualified to vote for members of the General Assembly, voting thereon, vote for ratification of the said amendment, the Governor shall by his proclamation to be issued ten days from the date of the election so declare and the foregoing amendment shall become a part of Article VI, Section VII of the Constitution of this State as Paragraph II thereof. WEDNESDAY, MARCH 12, 1941 Mr. Key of Jasper moved the previous question, the call was sustained and the main question ordered. The main question was ordered. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Anderson Anglin Arnall Atkinson Aultman Barlow Bates Bennett Blackshear Bloodworth Bowen Bradbury Bridges Brinson . Brooks of Mitchell Caldwell Campbell Candler Chastain Clements Curry Dalton Daves Dorsey Drinkard Dunaway Dunn Easler Edwards Elliott Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Guerry Hand Hardman Hardy Harris Harrison Hartness Hatchett Herrin Hicks Hogg Holtzendorf Hooks Horne Howard Hunnicutt Inglis Jackson Johnson of Pike Joiner Jones of Dodge Jones of Richmond Kea of Laurens Kendrick Key of Jasper Lester Livingston Looper Lovett Maddox Mankin Mann Maund Mavity McClure McCracken Mcintosh McEntire Miller Mixon Moate Moore of Lumpkin Musgrove Pannell Pettit Phillips Pilcher Pinkston Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sills Simmons JOURNAL OF THE HOUSE, Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Strickland Suggs Swint 'frugpen Thompson Turner Vickers Walker Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Jackson Williams of Ware Witherington Yawn Those voting in the negative were Messrs.: Aiken Connell Cowart Davis Deal Ennis, Marion Gross Harden Lewis Mills Those not voting were Messrs.: Adams Allison Ansley Barber Bentley Blease Boone Branch Brooks of Oglethorpe Bruce Bynum Callaway Culpepper Dallis Dean Drake Dupree Dyal Ennis, J. H. Moore of Taliaferro Fuller Moss Gavin Parker Hagan Pickett Hart Pittman Heard Sheppard Ingram Smith Of Barrow Johnson of Chattahoochee Smith of Carroll Jones of Brantley Southwell Jones of Worth Taft Kaigler Tappan Kelley Warnock Kennedy Williams of Harris Martin Willoughby Mason Wohlwender Maxwell Woods McNall Wren Mims Wright On the adoption of the resolution, the ayes were 140, the nays 10. The resolution having received the requisite twO-thirds constitutional majority was adopted. By Messrs. Evans of McDuffie and Lovett of Laurens- House Bill No. 395 A bill to be entitled an Act to amend Section 71-204 of the Code of Georgia of 1933, by repealing the provision allowing the State Librarian to retain fees paid by persons appointed Notaries Public, and to provide that said fees be paid into the general funds of the treasury; and for other purposes. Mr. Key of Jasper moved the previous question, the call was sustained and the main question ordered. WEDNESDAY, MARCH 12, 1941 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 110, the nays 1. The bill having received the requisite constitutional majority was passed. By Messrs. Evans of McDuffie and Lovett of Laurens- House Bill No. 396. A bill to be entitled an Act to amend Section 10I-I03 of the Code of Georgia of I933, so as to provide that the State Librarian shall receive only $3,000.00 per year from all sources; and for other purposes. Mr. Etheridge of Fulton moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I3, the nays o. The bill having receive~ the requisite constitutional majority was passed. By Messrs. Jones and Yawn of Dodge- House Bill No. 2I 1. A bill to be entitled an Act to amend Section 34-30I and Section 34-302 of the Georgia Code of I933, dealing with appointment, term of office, and removal of registrars, so as to provide that said Sections of the Code of I933 shall not apply to counties in judicial circuits having therein a county with a population of So,ooo; and for other purposes. The following committee substitute to House Bill No. 2I I was read: A BILL To be entitled an Act to amend Section 34-30I and Section 34-302 of the Georgia Code of I933 dealing with the appointment; term of office, and removal of registrars; and that said Board of Registrars should be bi-partisan by adding a proviso at the end of said sections that said sections shall be inapplicable to judicial circuits having therein a county with a population of So,ooo or less according to the United States Census of I940 or any future census; and to enact two additional sections to be known as 34-304 and 34-305 of the Code of Georgia, which sections shall provide for the appointment of the registrars by the grand jury, their term of office, and removal and that said Board shall be bi-partisan, said new code sections applying to the judicial circuits of this State not having therein a county with a population of So,ooo or more according to the United States Census of 1940 or any future census; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that from and after the passage of this Act that Section 34-30I of the I933 Code of Georgia be amended by adding to the end of the last sentence thereof the words "provided this code section shall not be applicable to counties in judicial circuits having therein a county with a population of So,ooo or less according to the United States Census of I940 or any future census." JOURNAL OF THE HOUSE, Section 2. Be it further enacted that Section 34-302 of the I933 Code of Georgia be amended by adding to the end of the last sentence thereof the words "provided this code section shall not be applicable to counties in judicial circuits having therein a county with a population of 8o,ooo or less according to the United States Census of I940 or any future census." Section 3 Be it further enacted that a new code section to be known as Section 34-304 be created and added to chapter 34-3 of the I933 Code of Georgia, which new section shall read as follows: "34-304. Appointment of registrars in certain circuits; term of office; r~movai. The grand jury of each county in judicial circuits, not having therein a county with a population of 8o,ooo or more according to the United States Census of I940 or any future census, convening at the regular session of the Superior Court next after the passage and approval of this Act shall appoint or elect three upright and intelligent citizens of said county as county registrars, and make report thereof to the court as a part of the grand jury's general presentments, which shall be entered on the minutes of the court. In the first election or appointment one registrar shall be appointed for a term of two years, I for 4 years and I for 6 years, but all to serve until their successors are duly appointed and qualified. Thereafter all appointments or elections shall be for a term of six years, unless to fill a vacancy caused by the death, removal or disqualification of a registrar formerly appointed and in which event the election or appointment shall be for the unexpired term of the registrar whose office became vacant. Any member of the board of registrars may be removed by the judge of the Superior Court of the county, on the address of two-thirds of the grand jury, for inefficiency, incapacity, general neglect of duty, ineligibility, or malfeasance or corruption in office, after opportunity to answer charges. When an election or appointment has been made by"the grand jury and the fact reported to the court in the general presentments, or otherwise in writing, an order shall be entered by the court formally designating the registrar or registrars so named and a certified copy thereof shall be complete evidence of the registrar's appointment." Section 4 Be it further enacted that a new code section to be known as Section 34-304 be created and added to chapter 34-3 of the I933 Code of Georgia, which new section shall read as follows: "34-305. Board to be bi-partisan.-ln counties in this State located in judicial circuits not having therein a county with a population of 8o,ooo or more according to the United States census of I940 or any future census, the grand jury shall not elect or appoint more than one registrar from any one militia district of the county unless said county shall not have therein as many as three militia districts and it shall not appoint all the registrars from any one political interest or party, and if at any time it shall appear that all the registrars are from one political interest or party, one of said registrars shall at once be removed and a successor from a conflicting interest or party appointed so as to maintain a bi-partisan board, and if at any time the registrar appointed from any militia district shall remove therefrom to a new militia district from which there is a registrar then serving, or shall remove to another county or state, the registrar so removing shall be declared ineligible, his office declared vacant, and a successor appointed." WEDNESDAY, MARCH 12, 1941 Section 5 Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Mr. Roberts of Walton moved the previous question, the call was sustained and the main question ordered. Two amendments by Messrs. Jones and Yawn of Dodge were read and adopted. The substitute, as amended, was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended. On the passage of the bill, by substitute, as amended, the ayes were 67, the nays 57 The bill having failed to receive the requisite constitutional majority was lost. By Messrs. Bloodworth, Grice and Weaver of Bibb, and Messrs. Turner, Candler and Dunaway of DeKalb- House Bill No. 165. A bill to be entitled an Act to appropriate certain sums to the State Department of Public Welfare for the support, maintenance and equipment of the Negro Division of the Georgia Training School for Girls; and for other purposes. The House was resolved into the Committee of the Whole House for the consideration of House Bill No. 165, and the Speaker designated Mr. Harris of Richmond as Chairman thereof. The Committee of the Whole House arose and through its Chairman, reported House Bill No. 165 back to the House with the recommendation that it do pass. The report of the committee, which was favorable to the passage af 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 Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Callaway Candler Chastain Clements Connell Cowart Dalton Davis Deal Dean Dorsey Drinkard Dunn Dyal Edwards Ennis, Marion Etheridge Ferguson of Camden Ford Foster of Paulding Foster of Towns Fowler JOURNAL OF THE HOUSE, Fuller Lester Gaston Lewis Gill Livingston Gillis Looper Goddard Lovett Goolsby Maddox Gowen Mankin Graham Mann Gray Martin Grayson Mason Grice Maund Griffin McClure Gross McCracken GuerrY Mcintosh Hand McEntire Harden Miller Harris Mills Harrison Mims Hartness Moate Hatchett Moore of Lumpkin Hicks Moore of Taliaferro Hogg Musgrove Horne Pannell Howard Pettit Hunnicutt Pickett Inglis Pilcher Ingram Pinkston Jackson Price Johnson of Chattahoochee Rees Johnson of Pike Reiser Joiner Richardson Kea of Laurens Roberts of Gwinnett Kelley Roberts of Walton Kendrick Rogers Key of Jasper Rossee Those voting in the negative were Messrs.: Bennett Herrin Kennedy Those not voting were Messrs.: Adams Allison Anderson Bentley Blackshear Blease Bruce Campbell Culpepper Curry Dallis Daves Drake Dunaway Roughton Rowland Russell Shannon Simmons Smiley Smith of Hall Smith of Schley Smith 9f Washington Smitha Southwell Strickland Suggs Swint Taft Thigpen Thompson Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Witherington Wren Yawn , Whipple Dupree Easler Elliott Ennis, J. H. Ferguson of Sumter Forrester Gavin WEDNESDAY, MARCH 12, 1941 8/') Greene Hagan Hardman Hardy Hart Heard Holtzendorf Hooks Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Mavity Maxwell McNall Mixon Moss Parker Phillips Pittman Rich Sabados Sheppard Sills Smith of Barrow Smith of Carroll Tappan Turner Willoughby Wohlwender Woods Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were q6, the nays 4 The bill having received the requisite constitutional majority was passed. By unanimous consent, House Bill No. 165 was ordered immediately trans mitted to the Senate. By Messrs. Arnall and Davis of Coweta- House Bill No. 271. A bill to be entitled an Act to amend Chapter 4o-16 ot Part V of Title 40 of the Georgia Code of 1933 so as to empower the Attorney General to investigate State Departments, Agencies, etc., to compel evidence, to subpoena witnesses; and for other purposes. Mr. Etheridge of Fulton moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. .on the passage of the bill, Mr. Atkinson of Chatham moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Anglin Arnall Atkinson Aultman Barber Bates Blackshear Bloodworth Boone Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Candler Connell Cowart Curry Davis Dorsey Drake Dupree Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of' Camden Ford Forrester Foster of Paulding 88o JOURNAL OF THE HOUSE, Fowler Key of Jasper Gaston Lester Gillis Lewis Goddard Livingston Goolsby Maddox Gowen Mankin Graham Mann Grice Martin Griffin Mason Gross Mavity Guerry McClure Hardy McCracken Harrison Mcintosh Hartness McEntire Hatchett Miller Hicks Mims Horne Mixon Hunnicutt Moore of Lumpkin Inglis Moore of Taliaferro Johnson of Chattahoochee Musgrove Johnson of Pike Pettit Jones of Richmond Pickett Kelley Pilcher Kendrick Pinkston Kennedy Price Those voting in the negative were Messrs.: Anderson Barlow Bennett Bradbury Dyal Foster of Towns Gill Gray Grayson Greene Hagan Hand Harden Herrin Hooks Howard Jones of Dodge Lovett Those not voting were Messrs.: Adams Allison Ansley Bentley Blease Bowen Bruce Chastain Clements Culpepper Dallis Dalton Daves Deal Dean Drinkard Dunaway Dunn Rees Rich Roberts of Gwinnett Roberts of Walton Rogers Rossee Sabados Shannon Simmons Smiley Smith of Hall Smitha Strickland Thompson Turner Vickers Weaver Wells of Clayton Welsch Wetherbee Williams of Bacon Williams of Jackson Witherington Yawn Reiser Russell Smith of Schley Southwell Walker Wells of Burke Wells of Telfair Williams of Ware Woods Ennis, J. H. Ferguson of Sumter Fuller Gavin Hardman Harris Hart Heard Hogg WEDNESDAY, MARCH 12, 1941 881 Holtzendorf Ingram Jackson Joiner Jones of Brantley Jones of Worth Kaigler Kea of Laurens Looper Maund Maxwell McNall Mills Moate Moss Pannell Parker Phillips Pittman Richardson Roughton Rowland Sheppard Sills Smith of Barrow Smith of Carroll Smith of Washington Suggs Swint Taft Tappan Thigpen Warnock Whipple Wilbanks Williams of Harris Willoughby Wohlwender Wren Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were I Io, the nays 27. The bill having received the requisite constitutional majority was passed. By Messrs. Ford and Jones of Worth and Sabados and Wetherbee of Dougherty- House Bill No. 448. A bill to be entitled an Act to name certain fish as fresh water game fish; and for other purposes. The following Committee substitute to House Bill No. 448 was read: A BILL To be entitled an Act to name certain Fish as fresh water game fish, to provide for fishing seasons, size limits, method of fishing, to prohibit seines, nets, baskets, traps, poisons, explosives, and other destructive methods of catching fish, to define a private pond; 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 from and after the passage of this Act, the following fish shall be deemed game fish: Large Mouth Black Bass, Small Mouth Black Bass, Rock Bass, Kentucky or Red Eye Bass, Warmouth Perch, Bream, Crappie, Eastern Pickeral or Jack Fish, Wall Eyed Pike, Muskellunge, Brook or Speckled Trout, Rainbow Trout, and Brown Trout. SECTION 2. Be it further enacted by the authority aforesaid, that during the open season for fishing for the various species named above, it shall be unlawful to catch, or have in possession, within any one twenty-four (24) hour period, more than ten (Io) Large Mouth Black Bass, any one not to be under ten (10) inches in length, ten (Io) Small Mouth Black Bass, any one not to be under eight (8) inches in length, ten (10) Rock Bass, any one not to be under five (5) inches in length, ten (10) Kentucky or Red Eye Bass, any one not to be under eight (8) inches in length, twentyfive (25) Bream, twenty-five (25) Warmouth Perch, fifteen (I 5) Crappie, any one not to be under five (5) inches in length, fifteen (I 5) Eastern Pickerel or Jack Fish, three (3) Wall Eyed Pike, any one not to be under twelve (I2) inches in length, two (2) 88'2 JOURNAL OF THE HOUSE, Muskellunge, any one not to be under fifteen (I 5) inches in length, fifteen (I 5) Brook or Speckled Trout, any one not to be under seven (7) inches in length, ten (10) Rainbow Trout, any one not to be under nine (9) inches in length and twelve (I'l) Brown Trout, any one not to be under nine inches in length or to possess more than twentyfive (25} in the aggregate of all species. SECTION 3 Be it further enacted by the authority aforesaid, that it shall be unlawful to take fish by means of trot lines with live fish for bait, seines, nets, traps, baskets, gigs, spears, poison, dynamite, firearms, or by any means other than hook and line and it shall be unlawful to have such illegal devices in possession. (a) This section shall not apply to minnow traps having an opening no larger than one inch. (b) The release of dye or other refuse in such quantity as to destroy fish from any mine, factory, or dye plant shall be considered as poisoning fish under this section. SECTION 4 Be it further enacted by the authority aforesaid, that it shall be unlawful to use game fish or any part thereof as bait. SECTION 5 Be it further enacted by the authority aforesaid, that it shall be unlawful to take fish from the waters of the counties of Dawson, Fannin, Gilmer, Habersham, Lumpkin, Murray, Pickens, Rabun, Towns, Union and White from October I to April I; from the waters of the counties of Banks, Barrow, Bartow, Carroll, Catoosa, Chatooga, Cherokee, Clarke, Cobb, Dade, DeKalb, Douglas, Elbert, Floyd, Forsyth, Franklin, Fulton, Gordon, Gwinnett, Hall, Haralson, Hart, Jackson, Madison, Oconee, Paulding, Polk, Rockdale, Walker, Walton and Whitfield from May I to JI; and from the waters of the counties of Heard, Coweta, Fayette, Clayton, Henry, Newton, Morgan, Greene, Oglethorpe, Wilkes, and Lincoln and all south thereof from May I to 31. Provided: (a) The Director of the Division of Wildlife may close any stream or other public waters to preserve fish in an emergency or take the necessary action to save fish in emergency by placing same in active waters from inactive waters: (b) This Section shall not apply to the following lakes in Butts, Habersham, Rabun, and Stephens Counties, to-wit: which lakes the Director may open or dose at his discretion. SECTION 6. Be it further enacted by the authority aforesaid, that it shall be unlawful to sell fresh water game fish in this State at any time. SECTION 7 Be it further enacted by the authority aforesaid, that the owner of a private pond may fish in that pond in any manner without a license and may invite other persons to fish in the pond in any manner provided thay have a fishing license. (a) a private pond shall be defined to be a body of water in a natural or artificial basin under a single ownership, or a pond constructed on a stream by the owner on his premises for fishing purposes, where all of the back water of such pond is wholly under the ownership of such builder. (b) The construction of a pond on a stream inhabited by fish does not impart to that pond the character of a private pond unless the source of that stream be on the property of the person constructing the pond. (c) A pond may be drained and the fish of the size not prohibited under Section 'l of this Act may be taken therefrom by means of seines or other means provided application is made to the Division of Wildlife in writing and such draining is done under the supervision of a representative of the Division of Wildlife, which representative it shall be the duty of the Division of Wildlife to furnish within a reasonable time. Under such condition the Division shall re-stock the pond. WEDNESDAY, MARCH 12, 1941 88J SECTION 8. No person shall construct a barrier across any stream normally inhabited by fish unless provision shall be made by means of a fish ladder or other approved means for free passage of fish up and down stream and such barrier must have the approval of the Division of Wildlife. SECTION 9 Be it further enacted by the authority aforesaid, that violation of any part of this law shall be punished as for a misdemeanor and one-half of resulting fines shall be placed in the county treasury where such misdemeanor occurred and the remainder placed in the school fund of that county to be used by the Board of Education of said county in such manner as it may see fit, for the purpose of fostering the teaching of conservation in the public school. SECTION 10. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Mr. Key of Jasper moved the previous question, the call was sustained and the main question ordered. The following amendments to the substitute were read and adopted: Mr. Sabados of Dougherty amends Substitute House Bill No. 448 by striking Section 9 and adding a new section to be numbered 9, to read as follows: "Section 9 Be it further enacted by the authority aforesaid, that violation of any part of this law shall be punished as for a misdemeanor, and the resulting fines shall be placed in the fine and forfeiture fund of each county where such misdemeanor occurred, except in such counties where the fine and forfeiture fund is not in effect, in which latter event, the resulting fines shall be placed in the County Treasury where such misdemeanor occured, as follows: fifty (so%); and the other fifty (so%) placed in the school fund of that county to be used by the Board of Education of said county in such manner as it may see fit, for the purpose of fostering the teaching of conservation in the public schools." Mr. Gross of Stephens moves to amend committee Substitute to House Bill No. 448 by striking from Section S the word "following" which appears before the word "lakes" and by striking the word "to-wit" which appears immediately after the word Counties. Mr. Howard of Long moves to amend Committee Substitute to House Bill No. 448 Section 2 by striking the figure "2s" in line eleven and inserting in lieu thereof the figure 3S and striking the figure "Is" in line eleven of Section 2 and inserting in lieu thereof the figure 2S. Mr. Hartness of Fannin moves to amend Committee Substitute to House Bill No. 448 by adding to Section 9 the following: Provided that this Act shall not apply to or change the present laws governing fishing in Lake Blue Ridge in Fannin County. Mr. Ford of Worth moves to amend Substitute House Bill No. 448 in the 4th line of Section No. three (J) thereof, by adding after the word "line" the following words to-wit, "and or rod and reel, and artificial bait and Lures." JOURNAL OF THE HOUSE, Mr. Ford of Worth moves to amend Committee Substitute as follows: Strike Section 6 in its entirety. Under Section 7: strike Sub-section "B" in its entirety. Mr. Ford of Worth moves to amend Committee Substitute of House Bill No. 448 as follows: Section 3: by striking subsection "B" in its entirety. An amendment offered by Mr. Lewis of Burke was read and lost. An amendment offered by Mr. Pannell of Murray was read and lost. An amendment offered by Mr. Bynum of Rabun was read and lost. An amendment offered by Mr. Pilcher of Warren was read and lost. An amendment offered by Messrs. Brooks of Oglethorpe and Drinkard of Lincoln was read aftd lost. An amendment offered by Mr. Kea of Laurens was read and lost. An amendment offered by Mr. Bradbury of Oconee was read and lost. An amendment offered by Mr. Gaston of Butts was read and lost. The committee substitute, as amended, was adopted: The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended. On the passage of the bill, by substitute, as amended, the ayes were II6, the nay~ 12. The bill having received the requisite constitutional majority was passed, by substitute, as amended. By a vote of two-thirds of the members of the House voting the same being a majority of the members elected to the House, it was ordered that the following bills and resolutions of the House and Senate be taken up for consideration and read the third time: By Messrs. Parker and Roberts of Walton, Yawn, and Jones of Dodge- House Resolution No. 122-715B. A resolution proposing to the qualified voters of Georgia an amendment so as to apportion the members of the House of Representatives among the several counties by allowing three representatives each to the 8 counties having the largest population; and for other purposes. By Messrs. Weaver; Bloodworth, and Grice of Bibb- House Bill No. 6r6. A bill to be entitled an Act to propose to the qualified voters an amendment so as to authorize Bibb County to make temporary loans between January rst and December 31 of each year to be paid out of the revenue received by that County in that year; and for other purposes. By Mr. Rowland of Johnson- House Bill No. 420. A bill to be entitled an Act to amend the Constitution of WEDNESDAY, MARCH 12, 1941 Georgia so as to authorize the Wrightsville Consolidated School District to incur a bonded indebtedness; and for other purposes. By Messrs. Blackshear and Smith of HalL- House Resolution No. 68-375B. A resolution to amend the Constitution of Georgia so as to authorize the City of Gainesville to incur a bonded indebtedness; and for other purposes. By Mr. Fuller of Toombs- Hause Bill No. 561. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the Johnson Corner School District to incur a bonded indebtedness; and for other purposes. By Mr. Fuller of Toombs- Hause Bill No. 533 A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the City of Vidalia to incur a bonded indebtedness; and for other purposes. By Mr. McCracken of Jefferson- House Resolution No. 96-551A. A resolution to amend the Constitution of Georgia so as to authorize School District No. lo in Jefferson County, to incur a bonded indebtedness; and for other purposes. By Mr. Candler of DeKalb- House Resolution No. 61-326D. A resolution to amend the Constitution of Georgia so as to authorize the City of Stone Mountain to incur a bonded indebtedness; and for other purposes. By Messrs. Barber and Barlow of Colquitt- House Resolution No. 90-5IIB. A resolution to amend the Constitution of Georgia so as to authorize the City of Doerun to refund its present or any future bonded indebtedness; and for other purposes. By Mr. Bennett of Jeff Davis- House Bill No. 667. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Excelsior Consolidated School District of Jeff Davis County to incur a bonded indebtedness; and for other purposes. By Mr. Moate of Hancock- House Resolution No. 105-612A. A resolution to amend the Constitution of Georgia so as to authorize the County of Hancock to refund bonded indebtedness; and for other purposes. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton, Candler, Dunaway, and Turner of DeKalb- House Bill No. 626. A bill to be entitled an Act to amend the Constitution of 886 JOURNAL OF THE HOUSE, Georgia so as to authorize Fulton and DeKalb Counties to establish Highway Authority, etc., and for other purposes. By Messrs. Grayson, McNall, and Atkinson of Chatham- House Resolution No. 99-563A. A resolution to amend the Constitution of Georgia so as to authorize Chatham County to levy school taxes in addition to those now authorized by law; and for other purposes. By Messrs. Brooks and Hand of Mitchell- House Bill No. 702. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize the Board of Education of Mitchell County to make temporary loans; and for other purposes. By Senator Drake of the 8th District- Senate Bill No. 146. A bill to be entitled an Act to amend the Constitution of Georgia, so as to authorize Miller County to issue warrant Funding Bonds; and for other purposes. By Mr. Mims of Miller- House Bill No. 534 A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Miller County to issue funding bonds; and for other purposes. By Mr. Bennett of Jeff Davis- House Bill No. 640. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Jeff Davis County to issue Funding Bonds; and for other purposes. By Messrs. Joiner of Cook, and Connell of Lowndes- House Bill No. 638. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Cook County to issue Funding bonds; and for other purposes. By Mr. Foster of Paulding- House Bill No. 517. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Paulding County to issue Funding Bonds; and for other purposes. By Mr. Kaigler of Quitman- House Bill No. 528. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Quitman County to issue Funding Bonds; and for other purposes. By Messrs. Weaver, Bloodworth, and Grice of Bibb- House Bill No. 511. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the City of Macon to issue notes or debt certificates for WEDNESDAY, MARCH 12, 1941 financing appropriations for and contributions to local, state or national defense; and for other purposes. By Mr. Horne of Crisp- House Bill No. 355 A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the City of Cordele to incur a bonded indebtedness; and for other purposes. By Senator Adams of the Jist District- Senate Bill No. 96. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the Sandy Cross Consolidated School District to incur a bonded indebtedness; and for other purposes. By Mr. Mixon of Irwin- House Bill No. 406. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the County of Irwin to issue bonds in the amount necessary to pay off current indebtedness; and for other purposes. By Messrs. Williams and Bates of Ware- House Resolution No. 84-491.1\. A resolution to amend the Constitution of Georgia, so as to authorize the City of Waycross to incur a bonded indebtedness; and for other purposes. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Resolution No. 65-357A. A resolution to amend the Constitution of Georgia, so as to authorize the Commissioner of Roads and Revenues of DeKalb County to establish sewerage, water and fire prevention system; <,nd for other purposes. By Senator Gross of the 2oth District- Senate Resolution No. 41-140B. A resolution to amend the Constitution of Georgia so as to authorize the Davisboro Consolidated School District to incur a bonded indebtedness; and for other purposes. By Senator Whaley of the 45th District- Senate Resolution No. 16. A resolution to amend the Constitution of Georgia so as to exempt certain new industries from the payment of county ad valorem taxes in Telfair County; and for other purposes. By Mr. Fuller of Toombs- Hause Bill No. 454 A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Toombs County to issue Funding Bonds; and for other purposes. By Messrs. Welsch and Dorsey of Cobb- House Resolution No. 72-421A. A resolution to amend the Constitution of 888 JOURNAL OF THE HOUSE, Georgia so as to authorize Cobb County to issue Funding bonds; and for other purposes. By Messrs. Goddard and Swint of Spalding- House Resolution No. 109-646A. A resolution to amend the Constitution of Georgia so as to provide for the division of Spalding County into School Districts; and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 646. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize the City of Crawford to incur a bonded indebtedness; and for other purposes. The following report of the Committee on Rules was read: Mr. Speaker: Your committee on rules having had under consideration the matter of fixing a calendar for Wednesday afternoon, March 12, 1941, submits the following report: Your committee recommends that the following bills be set as a special and continuing order of business for said date: I. House Bill No. 448. Fresh water fish. 3 House Bill No. 26. Rights of way for highways. 4 House Bill No. 215. Lien law. 5 House Bill No. 302. Capitol bank bill. 6. House Bill No. 380. Income tax. 7 House Bill No. 379 Intangible tax amendment. 8. House Bill No. 352. County traffic regulations. 9 House Bill No. 353 Cadastral survey. 10. House Bill No. 83. Civil service engineers. II. House Bill No. 81. Absentee ballot. 12. House Bill No. 671. Cancellation of bonds. IJ. House Bill No. 161. Lethal gas bill. Respectfully submitted, Evans of McDuffie, Chairman. Mr. Gravson of Chatham moved that the following bill of the House be placed at the foot of the calendar established by the Committee on Rules: WEDNESDAY, MARCH 12, 1941 By Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 26. A bill to be entitled an Act to amend the Code of Georgia of 1933 so as to provide for the control and supervision of state aid roads and their construction; and for other purposes. On the motion to place at the foot of the calendar, the ayes were 106, the nays I. The bill was placed at the foot of the calendar. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the reqmsite constitutional majority the following bills and resolutions of the Senate and House, to-wit: By Messrs. Lester, Harris and Jones of Richmond- House Bill No. 339 A bill to amend an Act entitled "An Act to change from the fee to the salary system in certain counties in Georgia"; and for other purposes. By Messrs. Lester, Harris, and Jones of Richmond- House Bill No. 340. A bill to amend an Act changing the classes and mounts of commissions allowed to tax-receivers and tax-collectors of State and County taxes, and for other purposes. By Messrs. Smith and Smitha of Carroll- House Bill No. 408. A bill to establish a Hospital and Health Board for Carroll County, to outline the powers and duties of the Board; and for other purposes. By Mr. Inglis of Habersham- House Bill No. 413. A bill to amend an Act entitled "An Act to provide for holding four terms a year of the Superior Court of Habersham County"; and for other purposes. By Mrs. Mankin, Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 443 A bill to amend an Act establishing a Charter for the City of Atlanta; an~ for other purposes. By Messrs. Foster of Towns, and Rich of Union- House Bill No. 459 A bill to amend and change the boundary lines between Towns and Union Counties; and for other purposes. By Mr. Wren of Glascock- Hause Bill No. 470. A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Glascock; and for other purposes. 8go JOURNAL OF THE HOUSE, By Mr. Wren of Glascock- Hause Bill No. 471. A bill to repeal an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Glascock County relating to nepotism and restriction on compensation; and for other purposes. By Mr. Bynum of Rabun- House Bill No. 489. A bill to create two additional terms of the Superior Court of Rabun County; to fix the Jurisdiction and duties of the Court; and for other purposes. By Mr. Gill of Bryan- House Bill No. 574 A bill to authorize Bryan County to pass zoning and planning laws; and for other purposes. By Mr. Gill of Bryan- House Bill No. 636. A bill to create a Board of Commissioners of Roads and Revenues for the County of Bryan; and for other purposes. By Mr. Gill of Bryan- House Bill No. 644. A bill to create a Board of Commissioners of Roads and Revenues for Bryan County, to define their powers and duties; and for other purposes. By Senator Wall of the 28th District- Senate Bill No. 63. A bill to require all defendants in misdemeanor cases in certain counties to be bound over to the county or city courts for trial; and for other purposes. By Senator Gross of the 2oth District- Senate Bill No. 112. A bill proposing an amendment to the Constitution; so as to authorize political divisions of this state to refund any outstanding bonded indebtedness; and for other purposes. By Senator Edenfield of the 4th District- Senate Bill No. 168. A bill to provide for more efficient administration of the public welfare laws of this state; and for other purposes. By Senator Kiker of the 41st District- Senate Bill No. 190. A bill to incorporate and establish the City of East Ellijay; and for other purposes. By Senator Houston of the 51st District- Senate Resolution No. 52-192A. A resolution proposing an amendment to the Constitution so as to provide that the successors of present and subsequent incumbents in the office of Solicitor General shall be elected by the electors of their respective judicial circuits; and for other purposes. WEDNESDAY; MARCH 12, 1941 8gl By Senator Houston of the 51st District- Senate Resolution No. 53-192B. A resolution proposing an amendment to the Constitution so as to provide that the successors of present and subsequent incumbents in the office of Judge of the Superior Courts shall be elected by the electors of their respective judicial circuits; and for other purposes. By Senator Gross of the 2oth District- Senate Resolution No. 55,000.00 dollars to Thomas County for reimbursement of money paid to the State Sanatorium for Tuber- cular Patients at Alto, Georgia; and for other purposes. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 719. A bill to be entitled an Act to create a new charter for Andersonville, in the County of Sumter; and for other purposes. By Mr. Ennis of Baldwin- House Bill No. 720. A bill to be entitled an Act to amend an Act relating to the establishment of lost papers in Superior Court by authorizing the judge to enter up orders in connection therewith in term time or vacation, and without certain requirements; and for other purposes. By Mr. Hagan of Screven- House Bill No 721. A bill to be entitled an Act to fix the compensaton of the County Treasurer of Screven County; and for other purposes. By Mr. Rich of Union- House Bill No. 723. A bill to be entitled an Act to repeal and supersede the several acts incorporating the Town of Blairsville; and for other purposes. I By Messrs. Candler, Dunaway and Turner of DeKalb- House Bill No. 728. A bill to be entitled an Act to amend an Act to abolish the office of County Treasurer of the County of DeKalb; and for other purposes. By Mr. Fuller ofToombs- House Bill No. 730. A bill to be entitled an Act to create and incorporate the City of Pine Forrest, in the County ofToombs; and for other purposes. By Mr. Wells ofTelfair- House Bill No. 733 A bill to be entitled an Act to amend and consolidate the several acts incorporating the Town of Milan; and for other purposes. By Mr. Wells of ClaytonHouse Bill No. 735 A bill to be entitled an Act to amend an Act creating a JOURNAL OF THE HOUSE, Board of Commissioners of Roads and Revenues of Clayton County; and for other purposes. By Mr. Willoughby of Clinch- House Bill No. 737 A bill to be entitled an Act to require the County Board of Education to publish quarterly financial reports; and for other purposes. By Mr. Willoughby of Clinch- House Bill No. 738. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Clinch; and for other purposes. By Mr. Willoughby of Clinch- House Bill No. 739 A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Clinch; and for other purposes. By Mr. Willoughby of Clinch- House Bill No. 741. A bill to be entitled an Act to amend an Act to create and establish the County Court of Clinch County; and for other purposes. By Messrs. Jones and Yawn of Dodge- House Resolution No. IJ1-742B. A resolution to amend the Constitution of Georgia, so as to authorize the issuance of Funding bonds in the County of Dodge; and for other purposes. By Messrs. Pettit and Martin of Bartow- House Resolution No. 132-742C. A resolution to relieve W. A. Jones, A. P. Reynolds and C. f.I. Wilbanks as sureties on the bond of D. F. Wilbanks; and for other purposes. By Mr. Miller of Lanier- Hause Bill No. 743 A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier; 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. Brinson of Chattooga- House Bill No. 722. A bill to be entitled an Act to change the name of the 'Town of Summerville" to 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 o. THURSDAY, MARCH I3, I94I The bill having received the requisite constitutional majority was passed. By unanimous consent, the following bills and resolutions of the House and Senate were again taken up for consideration: By Messrs. Turner, Dunaway and Candler of DeKalb- House Resolution No. 65-357A. A RESOLUTION Proposing to the qualified voters of Georgia an Amendment to Article I I, Section 1, of the Constitution of this State, by adding at the end of said section a new paragraph as follows: "The Commissioner of Roads and Revenues of DeKalb County shall have authority to establish and administer sewerage water, and/or fire prevention systems; to establish and maintain parks and hospitals; and to levy taxes or assessments on property therefor;" and for other purposes. Section I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article I I, Section I, of the Constitution of the State of Georgia be amended by adding at the end of said section a new paragraph, as follows: "The Commissioner of Roads & Revenues of DeKalb County shall have authority to establish and administer sewerage, water, and/or fire prevention systems, to establish and maintain parks and hospitals; and to levy taxes or assessments on property therefor." 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 published in one or more newspapers in each Congressional District in this State for two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said general election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article I I, Section I, of the Constitution of Georgia, authorizing DeKalb County to c;:stablish sewerage, water and/or fire prevention systems, and parks and hospitals;" and all persons opp06ed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article I I, Section I, of the Constitution of Georgia, authorizing DeKalb County to establish sewerage, water, and/or fire prevention systems and parks and hospitals." And if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article II, Section I, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll was called and the vote was as follows: JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Lewis Ennis, J. H. Livingston Ennis, Marion Looper Etheridge Lovett Ferguson of Camden Maddox Ferguson of Sumter Mann Ford Martin Forrester Mason Foster of Paulding Mavity Foster of Towns McClure Fowler McCracken Gaston Mcintosh Gill McEntire Gillis Miller Goddard Mills Gowen Mims Graham Mixon Grayson Moate Greene Moore of Lumpkin Grice Moore of Taliaferro Griffin Moss Guerry Musgrove Hagan Pannell Hand Parker Harden Pickett Hardman Pinkston Hardy Price Hartness Reiser Hatchett Rich Heard Richardson Herrin Roberts of Gwinnett Hicks Roberts of Walton Holtzendorf Rogers Hooks Roughton Horne Rowland Inglis Russell Ingram Sabados Jackson Shannon Johnson of Chattahoochee Sheppard Joiner Sills Jones of Dodge Simmons Jones of Richmond Smiley Jones of Worth Smith of Hall Kea of Laurens Smith of Schley Kennedy Smith of Washington Key of Jasper Smitha THURSDAY, MARCH q, 1941 915 Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the adoption of the resolution, the ayes were 165, the nays I: The resolution having received the requisite twa-thirds constitutional majority was adopted. By Messrs. Williams and Bates of Ware- House Resolution No. 84-491A. A RESOLUTION To propose to the qualified voters of Georgia an amendment to Article seven, Section seven, Paragraph one of the Constitution of Georgia, as now amended, so as to provide for allowing the City of Waycross in Ware County, Georgia, to incur an indebtedness, bonded or otherwise, in addition to and separate from the amounts of debts heretofore allowed under said paragraph under certain circumstances, for the purpose of making additions to and improvements in the existing water works system of said City of Waycross and all appurtenances thereto; to authorize and empower said City of Waycross to combine, maintain and operate its existing plant and system and the betterments, improvements and additions thereto as one undertaking; to authorize said municipality solely upon a majority vote of the Commission of said City of Waycross to finance said undertakings by the issuance from time to time of interest bearing evidences of indebtedness in the aggregate not to exceed the sum of $1 so,ooo.oo principal in the form of revenue anticipation certificates accord- JOURNAL OF THE HOUSE, ing to the plan, procedure, form and remedies upon default, provided in an Act of the General Assembly of Georgia, approved March 31, 1937, entitled the "Revenue Certificate Law of 1937" (Georgia Laws of 1937, pages 761 et seq,) and as amended; to provide that payment of said certincates when and as issued shall be made solely out of income derived from the operation of said water-works as now constructed and as may be extended and enlarged, all as provided in said act and amendments thereof, and as completely as though said undertakings were an original and new venture instead of co-mingling of existing facilities and appurtenances and extensions and enlargements thereof and additions thereto; to provide that said certificates when issued shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof and said municipality shall not be subject to any other pecuniary liability thereon, whatsoever; to provide for publication and submission; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME: Section I. That Article seven, Section seven, Paragraph one of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, to-wit: "And except that the City of Waycross in Ware County, Georgia, from time to time as necessary may incur an indebtedness, bonded or otherwise, in addition to and separate from the amounts of debts heretofore allowed under this paragraph, for the purpose of making additions to and improvements in the existing waterworks system of said City of Waycross and all appurtenances thereto and may combine, maintain and operate its existing plant and system, and the betterments, improvements and additions thereto as one undertaking, all of which shall be determined and acted upon by a majority vote of the Commission of said City of Waycross. Said City of Waycross is empowered and authorized solely upon a majority vote of the Commission of said city to finance said undertakings by the issuance from time to time of interest bearing evidences of indebtedness in the aggregate not to exceed the sum of $I so,ooo.oo principal in the form of revenue anticipation certificates according to the plan, procedure, form and remedies upon default provided in an Act of the General Assembly of Georgia, approved March 31, 1937, entitled the 'Revenue Certificate Law of 1937' (Georgia Laws of 1937, pages 761 et seq.) and as amended and to provide that payment of said certificates when and as issued shall be made solely out of revenue derived from the operation of said waterworks as now constructed and as may be extended and enlarged, all as provided in said act and amendments thereof. Said municipality is empowered and authorized, acting by and through the Commission of said city as aforesaid, to proceed under and use the plan and procedure provided in said revenue act as amended as completely as though said undertakings were an original and new venture instead of a co-mingling of existing facilities and appurtenances and additions, extensions, and enlargements thereof. Said certificates of indebtedness when issued shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall said municipality be subject to any other pecuniary liability ther~on whatsoever." Section 2. When this amendment shall be agreed to by a two-thirds vote of THURSDAY, MARCH 13, 1941 the members elected to each of the two Houses, and shall have been entered on their Journals with the "Yeas" and "Nays" taken thereon, it shall be published and submitted to the people, and the returns and declaration of the result shall be made, in the manner provided by the Act approved March 24, 1939 (Ga. Laws I939, pages 35-37). Section 3 Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. The following amendment to House Resolution No. 84-491A was read and adopted: Messrs. Williams and Bates of Ware propose to amend House Resolution No. 84-481f\ as follows: Section 1. By striking from the title to said resolution the words "bonded or otherwise" as they appear in the sth line of said title. Section 2. By striking from Section I of said resolution the words "from time to time as necessary" as they appear in the 6th line of said section; by striking from Section I the words "bonded or otherwise" as they appear in the 7th line of said section and substituting and inserting in lieu thereof the words "in the amount and to the extent and in the form and manner authorized herein,"; and by adding at the end of said section the following language: "Provided, however, the aggregate of all the indebtedness that may be incurred under this amendment is limited to $150,000 principal." so that said Section I as amended shall read as follows: "Section I. That Article 7, Section 7, Paragraph I, 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 the City of \Vaycross in Ware County, Georgia, may incur an indebtedness, in the amount and to the extent and in the form and manner provided herein, in addition to and separate from the amounts of debts heretofore allowed under this paragraph, for the purpose of making additions to and improvements in the existing water works system of said City of Waycross, and all appurtenances thereto and may combine, maintain and operate its existing plant and system, and the betterments, improvements and additions thereto as one undertaking, all of which shall be determined and acted upon by a majority vote of the Commission of said City of Waycross. Said City of Waycross is empowered and authorized solely upon a majority vote of the Commission of said city to finance said undertakings by the issuance from time to time of interest bearing evidences in the aggregate not to exceed the sum of $I so,ooo.oo principal in the form of revenue anticipation certificates according to the plan, procedure, form and remedies upon default provided in an Act of the General Assembly of Georgia, approved March 31, 1937, entitled the 'Revenue Certificate Law of 1937,' (Ga. Laws of 1937, pages 761 et. seq.) and as amended and to provide that payment of said certificates when and as issued shall be made solely out of revenue derived from the operation of said water works as now constructed and as may be extended and enlarged, all as provided in said act and JOURNAL OF THE HOUSE, amendments thereof. Said municipality is empowered and authorized, acting by and through the Commission of said city as aforesaid, to proceed under and use the plan and procedure provided in said revenue act as amended as completely as though said undertakings were an original and new venture instead of a COmingling of existing facilities and appurtenances and additions, extensions, and enlargements thereof. Said certificates of indebtedness when issued shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall said municipality be subject to any other pecuniary liability thereon whatsoever. Provided, however, the aggregate of all the indebtedness that may be incurred under this amendment is limited to $r so,ooo.oo principal." The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended. On the adoption of the resolution, as amended, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Aultman Drake Barber Barlow Drinkard Dunaway Bates Bennett Bentley Dunn Dupree Dyal Blackshear Easler Blease Bloodworth Bowen Boone Bradbury Bridges Edwards Elliott Ennis, .J. H. Ennis, Marion Etheridge Ferguson of Camden Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Ferguson of Sumter Ford Forrester Foster of Paulding Caldwell Campbell Candler Chastain Foster of Towns Fowler Gaston Gill Connell Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Horne Inglis Ingram .Jackson .Johnson of Chattahoochee .Joiner .Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens THURSDAY, MARCH 1J, 1941 919 Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mann Martin Mason Mavity McClure McCracken Mcintosh McEntire Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pickett Pinkston Price Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Those voting in the negative were Messrs.: Harrison Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the adoption of the resolution, as amended, the ayes were 165, the nays I. The resolution having received the requisite two-thirds constitutional majority was adopted, as amended. JOURNAL OF THE HOUSE, By Mr. Mixon of Irwin- House Bill No. 406. A BILL An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Irwin County by vote of its fiscal authority to :ssue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or :n part, for the operation of said county for the ensuing year; 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 designaterl warrant indebtedness; to provide for the submission of this amendment for ratification or reecfon 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 I. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable value of property for bond purposes, Irwin County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said county on the date as determined by the governing authority of said county, which date shall be not earlier than 10 days and not more than 6o days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds." In the event the privilege granted herein is exercised by said county after said date as so determined by said governing authority, said county and the governing authority 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 may be determined by the governing authority of said county, by checks drawn on the depository or depositories holding the funds of said county, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, ~ll such checks to be THURSDAY, MARCH 13, 1941 signed by the Chief Executive Officer of said governing authority, and countersigned by one other member thereof with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful county purposes heretofore made and made in theyear 1941 and in each year thereafter by the governing authority charged with the duty of managing said county's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful county purposes for the then current year for use all or in part in the operation of said county for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the V3lidity of said Funding Bonds. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said county, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said county, as may be determined by the date set by the governing authority of said county. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Irwin County, but without the necessity of an election as in the case of original obligation bonds of said county, and shall then be validated in the manner and under the procedure 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 I, of the Constitution, so as to authorize Irwin County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 I, of the Constitution, so as to authorize Irwin County to issue Funding Bonds, and thereafter operate on a cash basis, and for other purposes." And if a majority of the electors qualified to vote for members of the "General Assemblv, voting thereon, shall vote for ratification thereof as provided by law, when the resu"lt 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 7, Section 7, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. JOURNAL OF THE HOUSE, Section 3 Be it further enacted that all laws or parts of laws, in conflict herewith be, and the same are, hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett BentleY Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey prake Drinkard DunawaY Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Horne Inglis Ingram Jackson Johnson of Chattahoochee Joiner Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kennedy Key of Jasper Lewi8 Livingston Looper Lovett Maddox Mann Martin Mason Mavity McClure McCracken Mcintosh McEntire Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove THURSDAY, MARCH 1J, 1941 Pannell ,Parker Pickett Pinkston Price Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Wasrungton Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clement~ Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Pltillips P:lcher Pit~man Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were I65, the nays 1. The bill having received the requisite two-thirds constitutional majority was passed. By Senator Adams of the Jist District- Senate Bill No. 96. A BILL 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 Sandy Cross Consolidated School District, of Franklin County, to incur a bonded JOURNAL OF THE HOUSE, 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 I, I94I, and which becomes due up to and including June I, I949; 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, due and unpaid on January I, I94I, or which may become due up to and including June I, I949; to provide for the submission of the amendment for ratification by the people, and for other purposes. Section I. 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 I, 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 Sandy Cross Consolidated School District, of Franklin County, may issue refunding bonds not in excess of the aggregate sum of $I 2,ooo.oo, for the purpose of refunding and retiring any bonded indebtedness and :nterest thereon of said School District outstanding, past due on January I, I94I and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including June I, I949, 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 Sandy Cross Consolidated School District of Franklin County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of J anuary I, I94I, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including June I, I949 Said refunding bonds shall be issued when authorized bv a resolution of the Board of Trustees of Sandy Cross Consolidated School District, 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, same 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 Sandy Cross Consolidated School District, of Franklin County, to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on then ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph I, of the Constitution, authorizing the Sandy Cross Consolidated School Distnct, of Franklin County, to issue refunding bonds.'' And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon shall vote for ratification thereof, when the 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, Sec- ' THURSDAY, MARCH 13, 1941 tion 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. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Horne Inglis Ingram Jackson Johnson of Chattahoochee Joiner Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mann Martin Mason Mavity McClure McC_acken Mcintosh McEntire Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove 92.6 JOURNAL OF THE HOUSE, Pannell Parker Pickett Pinkston Price Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Ga>in Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were 165, the nays 1. The bill having received the requisite two-thirds constitutional majority was p.tssed. By Messrs. Weaver, Grice, and Bloodworth of Bibb- House Bill No. 511. A BILL An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Macon to 1ssue notes or debt certificates for financing appropriations for and THURSDAY, MARCH IJ, I941 contributions to local, State or National defense, 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 I. 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 I, 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 Macon, by a majority vote of the Mayor and Board ofAldermen of the City, may issue notes or debt certificates, in an aggregate amount not to exceed one hundred fifty thousand dollars ($I so,ooo.oo) to be executed by the Mayor and Treasurer for the purpose of financing appropriations for and contributions to local, State, or National defense. Such notes or debt certificates may be issued in such denominations, amounts, at such times, from time to time, bearing such interest and falling due at such times as the Mayor and Board of Aldermen may fix and determine, but not to exceed five (5) years from the respective dates of their issue." 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 (2) months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, the amendment 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 Macon to issue notes or debt certificates for participation in local, State, or National defense." 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 I, of the Constitution, authorizing the City of Macon to issue notes or debt certificates for participation in local, State or National defense." And if a majority of electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph I, of the Constitution of the State, and the Governor shall make a proclamation therefor as provided by law, and the City of Macon, without further legislation, authority, or vote, than that provided herein, shall be authorized to perform the act or acts embraced in such amendment. Section 3 Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith, shall be and are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called, and the vote was as follows: JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderspn Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Lewis Ennis, J. H. Livingston Ennis, Marion Looper Etheridge Lovett Ferguson of Camden Maddox Ferguson of Sumter Mann Ford Martin Forrester Mason Foster of Paulding Mavity Foster of Towns McClure Fowler McCracken Gaston Mcintosh Gill McEntire Gillis Miller Goddard Mills Gowen Mims Graham Mixon Grayson Moate Greene Moore of Lumpkin Grice Moore of Taliaferro Griffin Moss GuerrY Musgrove Hagan Pannell Hand Parker Harden Pickett Hardman Pinkston Hardy Price Hartness Reiser Hatchett Rich Heard Richardson Herrin Roberts of Gwinnett Hicks Roberts of Walton Holtzendorf Rogers Hooks Roughton Horne Rowland Inglis Russell Ingram Sabados Jackson Shannon Johnson of Chattahoochee Sheppard Joiner Sills Jones of Dodge Simmons Jones of Richmond Smiley Jones of Worth Smith of Hall Kea of Laurens Smith of Schley Kennedy Smith of Washington Key of Jasper Smitha THURSDAY, MARCH IJ, 1941 929 Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Wood; On the passage of the bill, the ayes were 165, the nays 1. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Kaigler of Quitman- House Bill No. 528. A BILL An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Quitman County to issue Funding Bonds in an amount sufficient to refund, pay off, and retire all unpaid outstanding and existing warrant indebtedness of said County, including interest due and payable thereon in addition to that heretofore authorized by the Constitution and Laws of Georgia, and to prohibit issuing deferred payment warrants in the future and to provide that said county shall be thereafter operated on a cash basis, and prohibit the issuance of checks on the depository unless sufficient funds are on deposit to pay the same at the time of the issuance thereof, and to provide the right in the governing authority to borrow money to supply causal deficiencies in revenue as authorized by this Constitution, to provide for the assessment 93 JOURNAL OF THE HOUSE, and collection of an annual Tax Sufficient in amount to pay the principal and interest of said Funding Bonds as they shall fall due, to provide that the funds raised by such additional bonded indebtedness shall be used exclusively and for no purpose other than the payment of said unpaid warrant indebtedness and interest thereon, to provide that tax levies for lawful county purposes made in the year of 1941 and each year thereafter by the Governing authority shall be legal with the express power in said Governing authority to levy and collect taxes for lawful county purposes for the then current year for use all, or in part in the operation of said county for the ensuing year, and to provide that no violation of this provision as to the conduct of the fiscal affairs of said county shall affect or impair the validity of said Funding Bonds, to provide that said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said county, and to provide for the maturity of said Bonds within thirty years from the date of issuance, and to provide for the validation of said Funding Bonds in the manner as is provided by law for the validation of original obligation Bonds, and for the holding of a special election as in cases of original obligation Bonds, 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. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language to-wit: "Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, Quitman County without restriction as to the seven percent limitation of taxable value of property for bond purposes is hereby authorized and empowered to issue bonds aufficient in amount to refund, pay off, ll.nd retire all 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 Depository of said County on the date as determined by the governing authority of said County, said bonds to be known as "Funding Bonds." In the event the privilege granted herein is exercised by said County, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury or Depository 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 Treasurer of said County, shall be paid monthly or otherwise as may be determined by the governing authority of said County, 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 and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the governing authority of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County affairs shall he legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the opera- THURSDAY, MARCH 13, 1941 931 tion of said County for the ensuing year. No violation of any provision of this amendment as to conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and in~erest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and ;nterest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a special election, to be held in the manner prescribed by law for special elections as in the case of original obligation honds. Said Funding Bonds shall not be issued without the assent of twothirds of the qualified voters of Qmtman County, voting at said special election for that purpose, to be held as prescribed by law, and provided further that said twothirds so voting at said special election shall be a majority of the registered voters of said County. If the requisite two-thirds of the qualified voters of Quitman County voting at said special election for said Funding Bonds, and the two-thirds so voting are a majority of the registered voters thereof, then the governing authority of Quitman County shall have the authority to issue said Funding Bonds, and said Funding Bonds shall be general obligation of said County, and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds. SECTION 2. When said amendment is agreed to by two-thirds vote of the members of each house with the "ayes" and "nays" thereon, it shall be published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next General Election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at said decion in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of amendment of Article 7, Section 7, Paragraph I, of the Constitution authorizing Quitman County to issue Funding Bonds to refund its outstanding warrant indebtedness", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots "Against ratification of amendment of Article 7, Section 7, Paragraph I, of the Constitution authorizing Quitman County to issue Funding Bonds to refund its outstanding warrant indebtedness", and if a majority of the electors qualified to vote for members of the General Assemblv, voting thereon, shall vote for ratification thereof, as provided by law, the result shall be consolidated as required by law in election for members of the General Assembly, the said amendment shall become part of Article 7, Section 7, Paragraph I, 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 with this Act are hereby repealed. 93 2 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 roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marton Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Home Inglis Ingram Jackson Johnson of Chattahoochee Joiner Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mann Martin Mason Mavity McClure McCracken Mcintosh McEntire Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pickett Pinkston Price Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Roughton THURSDAY, MARCH IJ, I941 933 Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of.Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were I65, the nays I. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Foster of Paulding- House Bill No. 5I7. A BILL 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 Paulding County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said County; to provide that in the event such warrant indebtedness is paid off and retired that satd County shall thereafter operate on a strictly cash basis and be prohibited from issuing warrants or orders payable in the future; to pr<>- 934 JOURNAL OF THE HOUSE, vide 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 same: Section I. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable valu.::~ of property for bond purposes, Paulding County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall be not earlier than Io days and riot more than 6o days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds." In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, sa1d County and the governing authority 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Treasurer of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year I94I and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. THURSDAY, MARCH 13, 1941 935 Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the governing authority of Paulding County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 I, of the Constitution, so as to authorize Paulding County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Paulding County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 m elections for members of the General Assembly, then said amendment shall become a part of Article 7, Section 7, Paragraph I, 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. 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 was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates 936 Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge, Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis JOURNAL OF THE HOUSE, Goddard Mixon Gowen Moate Graham Moore of Lumpkin Grayson Moore of Taliaferro Greene Moss Grice Musgrove Griffin Pannell Guerry Parker Hagan Pickett Hand Pinkston Harden Price Hardman Reiser Hardy Rich Hartness Richardson Hatchett Roberts of Gwinnett Heard Roberts of Walton Herrin Rogers Hicks Roughton Holtzendorf Rowland Hooks Russell Horne Sabados Inglis Shannon Ingram Sheppard Jackson Sills Johnson of Chattahoochee Simmons Joiner Smiley Jones of Dodge Smith of Hall Jones of Richmond Smith of Schley Jones of Worth Smith of Washington Kea of LaurEl)ls Smitha Kennedy Southwell Key of Jasper Strickland Lewis Suggs Livingston Swint Looper Taft Lovett Tappan Maddox Thigpen Mann Thompson Martin Turner Mason Vickers Mavity Walker McClure Warnock McCracken Weaver Mcintosh Wells of Burke McEntire Wells of Clayton Miller Wells of Telfair Mills Welsch Mims Wetherbee THURSDAY, MARCH IJ, I94I 937 Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were I65, the nays 1. The bill having received the requisite twa-thirds constitutional majority was passed. By Messrs. Joiner of Cook and Connell of Lowndes- House Bill No. 638. A BILL 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 Cook County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in the amount to pay off and retire the warrant indebtedness, notes, judgments, county orders, open accounts, and demands of all kinds against satd County; to provide that in the event such 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 m the future, except that the nght in said governing authonty to borrow money to supply casual deficiencies in revenue as heretofore authorized shall not be affected nor defeated by this amendment; to provide that the bills and claims of and against satd County shall be paid by check, and how such checks shall be executed; to legalize tax levted through the year I 941, and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the next ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of satd County to make provisions for paymg off and retiring satd bonds; to provide that the proceeds of said bonds shall be used exclusively for paymg off and retiring the designated 938 JOURNAL OF THE HOUSE, county indebtedness; to provide for the submission of this amendment for ratification or !,"ejection 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. That Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: "Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Cook County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said County, and all orders, notes, judgments, open accounts, and other demands of every kind and character against said County, including interest due or payable thereon, as the same appears of record in the office of the Commissioners of Roads and Revenues of said County of Cook on the date as determined by the governing authority of said County, which date shall be not earlier than ten days and not more than Sixty days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as 'Funding Bonds.' "In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority 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 may be determined by the governing authority of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the ViceChairman of said authority of the County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 by the governing authority charged with the duty of managing said County's affairs shall be legal with the express power and authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. "Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise, as may be fixed by the governing authority of said County, provided however, that said bonds must all mature within thirty years from the date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the pro- THURSDAY, MARCH Ij, I94I 939 ceeds of said bonds shall be exclusively used for the purpose of paying and retiring the indebtedness and interest thereon of said County, as may be determined at the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the governing authority of Cook County but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 hereoy 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 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 I, of the Constitution so as to authorize Cook County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 I, of the Constitution, so as to authorize Cook County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 consohdated as now required by law in elections for members of the General Assembly then said amendment shall become a part of Article 7, Section 7, Paragraph I, 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 here- with be, and the same are, hereby repealed. . ' The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called 'and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell 940 JOURNAL OF THE HOUSE, Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, :Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Rich Herrin Richardson Hicks Roberts of Gwinnett Holtzendorf Roberts of Walton Hooks Rogers Horne Roughton Inglis Rowland Ingram Russell Jackson Sabados Johnson of Chattahoochee Shannon Joiner Sheppard Jones of Dodge Sills Jones of Richmond Simmons Jones of Worth Smiley Kea of Laurens Smith of Hall Kennedy Smith of Schley Key of Jasper Smith of Washington Lewis Smitha Livingston Southwell Looper Strickland Lovett Suggs Maddox Swint :Mann Taft Martin Tappan :Mason Thigpen Mavity Thompson :McClure Turner McCracken Vickers Mcintosh Walker McEntire Warnock :Miller Weaver :Mills Wells of Burke :Mims Wells oft Clayton :Mixon Wells of Telfair :Moate Welsch :Moore of Lumpkin Wetherbee Moore of Taliaferro Wilbanks Moss Williams of Bacon :Musgrove Williams of Harris Pannell Williams of Ware Parker Willoughby Pickett Witherington Pinkston Wren Price Wright Reiser Yawn Those voting in the negative were Messrs.: Harrison THURSDAY, MARCH IJ, I94I 941 Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard H~cutt Johnson of Pike Jones of Brantley Kaigler Kelle;v Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were I65, the nays I. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Bennett of Jeff Davis- House Bill No. 640. A BILL To be entitled an Act to propose to the qualified voters of Georgia an amend- ment to Article 7, Section 7, Paragraph I, of the Constitution of Georgia, so as to authorize Jeff Davis County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness 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 a penalty for violating the terms of this Act; 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 expenditures of the various officers and departments of said County other than the Courts thereof; to legalize tax levies and to authorize the levy and collection of a tax in the current .year for use, all or in part, for the operation of said County for the ensuing year; 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 same: SECTION 1. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, which has JOURNAL OF THE HOUSE, heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Jeff Davis County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant indebtedness of said County, including interest due or payable thereon, on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 6o days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds." ln. the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority 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 may be. determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said gtJverning authority, and countersigned by the Treasurer of said County; any such Chief Executive Officer issuing, or any such Treasurer countersigning and delivering any check where there are insufficient funds on deposit sufficient to immediately pay same, and all other then outstanding checks, shall be guilty of a misdemeanor and shall be subject to removal from office by writ of mandamus; with the right in said governing 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 the Schools, and the courts thereof and expenses of courts; any existing provision of this Constitution or any law, rule, or resolution of any other board, commission or authority to the contrary notwithstanding. All tax levies for lawful County purposes heretofore made and made in the year 1941, and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensGing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the THURSDAY, MARCH 13, 1941 943 assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the pro- ceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authoriJy hereof when authorized by a majonty vote and reso- lution of the governing authority of Jeff Davis County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure as to provided by law for the validation of original obligation bonds. SECTION z. Be 1t further enacted by the authority aforesa1d, 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 I, of the Constitution, so as to authorize Jeff Davis County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 I, of the Constitution, so as to authorize Jeff Davis County to issue Funding Bonds, thereafter to operate on a cash basis, 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 7, Section 7, Paragraph I, 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. 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 was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates 944 Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis JOURNAL OF THE HOUSE, Goddard Mixon Gowen Moate Graham Moore of Lumpkin Grayson Moore of Taliaferro Greene Moss Grice Musgrove Griffin Pannell Guerry Parker Hagan Pickett Hand Pinkston Harden Price Hardman Reiser Hardy Rich Hartness Richardson Hatchett Roberts of Gwinnett Heard Roberts of Walton Herrin Rogers Hicks Roughton Holtzendorf Rowland Hooks Russell Horne Sabados Inglis Shannon Ingram Sheppard Jackson Sills Johnson of Chattahoochee Simmons Joiner Smiley Jones of Dodge Smith of Hall Jones of Richmond Smith of Schley Jones of Worth Smith of Washington Kea of Laurens Smitha Kennedy Southwell Key of Jasper Strickland Lewis Suggs Livingston Swint Looper Taft Lovett Tappan Maddox Thigpen Mann Thompson Martin Turner Mason Vickers MavitY Walker McClure Warnock McCracken Weaver Mcintosh Wells of Burke McEntire Wells of Clayton Miller Wells of Telfair Mills Welsch Mims Wetherbee THURSDAY, MARCH 13, 1941 945 Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunncutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were 165, the nays I. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Mims of Miller- House Bill No. 534 A BILL An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Miller County by vote of its fiscal authority to issue warrant Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness of said County; provided 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 Treasurer or County Depository, shall be paid by check and how such checks shall be executed; to authorize the fiscal authoritv of said County to thereafter budget and limit the expenditures of the various officer; 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 pro- ceeds of said bonds shall be used exclusively for paying off and retiring a designated warrant indebtedness; to provide that neither this Act nor any provision thereof shall be construed as either impairing, or invalidating, or affecting the collectibility of, any taxes due said County for the year 1940 or any year or years prior thereto; to JOURNAL OF THE HOUSE, authorize the Ordinary of said County or other county authority empowered to levy taxes in said county, to fix and make a tax levy for the year 1941, and for any year subsequent thereto, for the purpose of paying, in whole or in part, all th~ expenses of said county for both COUNTY PURPOSES AND CURRENT EXPENSES for the CURRENT YEAR FOR WHICH THE LEVY IS BEING FIXED and made and the year succeeding said year, in which said levy is being fixed and made; to provide that said county authority shall have the power herein conferred regardless of whether the county has cash on hand or regardless of whether there are any warrants outstanding against said county at the time of making the various levies herein authonzed, and to provide that satd county authority in fixing the various tax levies herein provided shall not exceed the limit now or hereafter prescribed by law; 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 I. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a new sub-paragraph in the following words and language, to-wit: "Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restnction as to the 7% (seven per cent) limitation of taxable values of property for bond purposes, Miller 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 or the Clerk of the Board of Commissioners and the County Depository 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 Funding 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 or County Depository 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 or County Depository 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 and at least two other County -Commissioners or the Ordinary of said County (if there be no County Commissioners in 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, THURSDAY, MARCH 13, 1941 947 other than the schools, and the Courts thereof and expenses of courts; any existing 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 Funding Bonds. Said Funding Bonds shall have such terms and provis.ions 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 years from date of issuance. Provisions 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 funding bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness hereinabove identified. Said warrant funding bonds shall be issued under authority herein only when authorized by a vote and resolution of the Board of Commissioners of Roads and Revenues of Miller County, but without the necessity of an election as in the case of original obligation bonds, and said Warrant Funding 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; provided, however, that, neither thts Act nor any of the provisions thereof, shall be construed as either impairing, or invalidating, or affecting the collectibility of, any taxes due said County for the year 1940; or any year or6 years prior thereto; provided further that the Ordinary of said County or other County authority empowered to levy taxes in said county, shall have authority to fix and make a tax levy for the year 1941 and for any year subsequent thereto, for the purpose of paying, in whole, or in part, all the expenses of said County for both COUNTY PURPOSES AND CURRENT EXPENSES FOR THE CURRENT YEAR IN WHICH THE LEVY IS BEING FIXED and made and for the year succeeding said year in which said levy is being fixed and made; and said County authority shall have the authority herein conferred in this section regardless of whether the county has cash on hand or regardless of whether there are any warrants outstanding against said county at the time of the fixing and making of the various tax levies herein authorized, provided, however, said County authority in exercising the authority herein conferred in reference to fixing the said various Tax levies shall not exceed the limit now or hereafter prescribed 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 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 Miller County to issue warrant funding 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, JOURNAL OF THE HOUSE, Section 7, Paragraph I, of the Constitution, so as to authorize Miller County to issue warrant funding 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 laws in elections for members of the General Assembly, then said amendment shall become a part of Article 7, Section 7, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as prOvided by law. Section 3 Any section, clause, paragraph or sentence in this Act held unconstitutional or invalid, for any reason, by court of competent jurisdiction shall not affect the validity of the other sections of this Act. Section 4 Be it further enacted, that all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Horne THURSDAY, MARCH IJ, 1941 949 Inglis Moore of Lumpkin Ingram Moore of Taliaferro Jackson Moss Johnson of Chattahoochee Musgrove Joiner Pannell Jones of Dodge Parker Jones of Richmond Pickett Jones of Worth Pinkston Kea of Laurens Price Kennedy Reiser Key of Jasper Rich Lewis Richardson Livingston Roberts of Gwinnett Looper Roberts of Walton Lovett Rogers Maddox Roughton Mann Rowland Martin Russell Mason Sabados Mavity Shannon McClure Sheppard McCracken Sills Mcintosh Simmons McEntire Smiley Miller Smith of Hall Mills Smith of Schley Mims Smith of Washington Mixon Smitha Moate Those voting in the negative were Messrs.: Harrison Those not voting were ).1essrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Withertngton Wren Wright Yawn Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods 95 JOURNAL OF THE HOUSE, On the passage of the bill, the ayes were I65, the nays I. The bill having received the reqmsite two-thirds constitutional major!ty was passed. By Senator Drake of the 8th District- Senate Bill No. I46. A BILL To be ent;tled 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 Miller County by vote of its fiscal authority to issue warrant Funding Bonds sufficient in amount to pay off and retire the designated warrant ~ndebtedness of said County; to prov:de 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 Treasurer or County Depository, 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 expenditures 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 provisions for paying off and retiring said bonds; to provide that the proceeds of sa;d bonds shall be used exclus:vely for paying off and retiring a designated warrant indebtedness; to provide that neither this act nor any provis;on thereof shall be construed as either impairing, or invalidating, or affecting the collectibility of, any taxes due said County for the y~ar I940 or any year or years prior thereto; to authorize the Ordinary of said County or other county authority empowered to levy taxes in said County, to fix and make a tax levy for the year I94I,.and for any year subsequent thereto, for the purpose of paying, in whole or in part, all the expenses of said County for both County purposes and current expenses for the current year for which the levy is being fixed and made and the year succeeding said year, in which said levy is being fixed and made; to provide that said County authority shall have the power herein conferred regardless of whether the county has cash on hand or regardless of whether there are any warrants outstanding against said County at the time of making the various lev:es herein authorized, and to provide that said County authority in fixing the various tax levies herein provided shall not exceed the limit now or hereafter prescribed by law; 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 I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a new sub-paragraph in the following words and language, to-wit: "Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the 7% (seven per cent) limitat:on of taxable values of property for bond purposes, Miller County is THURSDAY, MARCH 13, 1941 95 1 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 or the Clerk of the Board of Commissioners and the County Depository 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 Funding 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 or County Depository 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 or County Depository 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 and at least two other County Commissioners or the Ordinary of said County (if there be no County Commissioners in 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 the schools, and the courts thereof and expenses of courts; any existing 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 Funding Bonds. Said funding 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 years from date of issuance. Provisions 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 funding bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness hereinabove identified. Said warrant funding 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 Miller County, but without the necessity of an election as in the case of original obligation bonds, and said Warrant Funding 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; provided, however, that, neither this act nor any of the provisions thereof, shall be construed as either impairing, or invalidating, or affecting the collectibility of, any taxes due said County for the year 1940 or any year or years prior thereto; provided further that the Ordinary of said County or other County authority empowered to levy taxes 952 JOURNAL OF THE HOUSE, in said County, shall have authority to fix and make a tax levy for the year 1941 and for any year subsequent thereto, for the purpose of paying, in whole, or in part, all the expenses of said County for both county purposes and current expenses for the current year in which the levy is being fixed and made and for the year succeeding said year in which said levy is being fixed and made; and said County authority shall have the authority herein conferred i~ this section regardless of whether the county has cash on hand or regardless of whether there are any warrants outstanding against said County at the time of the fixing and making of the various tax levies herein authorized, provided, however, said County authority in exercising the authority herein conferred in reference to fixing the said various Tax levies shall not exceed the limit now or hereafter prescribed 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 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 Miller County to issue warrant funding 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 r, of the Constitution, so as to authorize Miller County to issue warrant funding 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 laws 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 Any section, clause, paragraph or sentence in this Act held unconstitutional or invalid, for any reason, by court of competent jurisdiction shall not affect the validity of the other section of this Act. Section 4 Be it further enacted, that all laws or parts of laws in conflict herewith be, and the same are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Fortl Forrester Foster of Paulding Fo.ster of Towns Fowler THURSDAY, MARCH IJ, 1941 'J ~-l Gaston Miller Gill Mills Gillis Mims Goddard Mixon Gowen Moate Grahain Moore of Lumpkin Grayson Moore of Taliaferro Greene Moss Grice Musgrove Griffin Pannell Guerry Parker Hagan Pickett Hand Pinkston Harden Price Hardman Reiser Hardy Rich Hartness Richardson Hatchett Roberts of Gwinnett Heard Roberts of Walton Herrin Rogers Hicks Roughton 'Holtzendorf Rowland Hooks Russell Horne Sabados Inglis Shannon Ingram Sheppard Jackson Sills Johnson of Chattahoochee Simmons Joiner Smiley Jones of Dodge Smith of Hall Jones of Richmond Smith of Schley Jones of Worth Smith of Washin _ton Kea of Laurens Smitha Kennedy Southwell Key of Jasper Strickland Lewis Suggs Livingston Swint Looper Taft Lovett Tappan Maddox Thigpen Mann Thompson Martin Turner Mason Vickers Mavity Walker McClure Warnock McCracken Weaver Mcintosh Wells of Burke McEntire Wells of Clayton 954 JOURNAL OF THE HOUSE, Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwe'.l McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender .Woods On the passage of the bill, the ayes were I65, the nays 1. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Horne of Crisp- House Bill No. 355 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 City of Cordele 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 April I, I94I, and which becomes due up to and including October I, I942; 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 due and unpaid on April I, I941, or which may become due up to and including October I, I942; to prov:de 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 author:ty of the same, that Article 7, Sect; on 7, Paragraph I, 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: THURSDAY, MARCH IJ, I94I 955 "And except that the City of Cordele may issue refunding serial bonds not in excess of the aggregate sum of '175,ooo.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, due and unpaid on April I, I94I, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including October I, I942, and prov:de for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said refunding bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Cordele to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of April I, 194I, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including October 1, I942. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Cordele charged with the duty of managing ;ts corporate affairs, 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, same shall at sa;d general election be submitted to the people for ratificat_ion. All persons voting at sa;d election in favor of adopting the sa'd proposed amendment to the Constitution shall have written or p6nted on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph I, of the Constitution authorizing the City of Cordele to issue refund'ng bonds," and all persons opposed to the adopting of sa'd amendment shall have written or pr:nted on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph I, of the Constitution authorizing the City of Cordele 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 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 report of the committee, wh'ch was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman 956 Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler JOURNAL OF THE HOUSE, Gaston Miller Gill Mills Gillis Mims Goddard Mixon Gowen Moate Graham Moore of Lumpkin Grayson Moore of Taliaferro Greene Moss Grice Musgrove Griffin Pannell Guerry Parker Hagan Pickett Hand Pinkston Harden Price Hardman Reiser Hardy Rich Hartness Richardson Hatchett Roberts of Gwinnett Heard Roberts of Walton Herrin Rogers Hicks Roughton Holtzendorf Rowland Hooks Russell Home Sabados Inglis Shannon Ingram Sheppard Jackson Sills Johnson of Chattahoochee Simmons Joiner Smiley Jones of Dodge Smith of Hall Jones of Richmond Smith of Schley Jones of Worth Smith of Washington Kea of Laurens Smitha Kennedy Southwell Key of Jasper Strickland Lewis Suggs Livingston Swint Looper Taft Lovett Tappan Maddox Thigpen Mann Thompson Martin Turner Mason Vickers Mavity Walker McClure Warnock McCracken Weaver Mcintosh Wells of Burke McEntire Wells of Clarion THURSDAY, MARCH 13, 1941 957 Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Those voting in the negative were Messrs.: Witherington Wren Wright Yawn Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were 165, the nays I. The bill having received the requisite twa-thirds constitutional majority was passed. By Messrs. Goddard and Swint of Spalding- House Resolution No. 109-646A. A RESOLUTION Proposing to the qualified VQters an amendment to Article Xl, Section II, Paragraph I of the Constitution of Georgia so as to provide for the division of Spalding County into school districts and for the election of a member of the county board of education from each school district; to provide for their terms of office and qualificationS; to provide for the election and appo:ntment by the county board of education of a supermtendent of the county school system, and to prescribe his qualifications and term of office; to provide for the submission of the amendment for ratification or rejection by the people; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: SECTION I. That Article XI, Section II, Paragraph I of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new paragraph as follows; to-wit: "The members of the county board of education of Spalding County shall be JOURNAL OF THE HOUSE, elected by the people at the same time and for the same term that other county officers are elected, and shall hold their offices until their successors are elected and aualified. Sixty days after the ratification of this amendment it shall be the duty of t-he ordinary of Spalding County to call an election for the purpose of electing by the qualified voters in each school district of a member of the county board of education from that school district. The members of the board who are elected at that time shall hold office until their successors are elected and qualified. Shou:d a vacancy occur in the office of any member thus elected, a successor shall be appointed by the Judge of the Superior Court for the unexpired term. The County of Spalding, outside of the city limits of the City of Griffin shall, by the Judge of the Superior Court, the ordinary, and the clerk of the Superior Court, be laid off a'nd divided into five school districts to be known, numbered, and designated as school district No's. 1, 2, J, 4 and 5; one member from each school district shall be elected to serve on said board; and only the registered and qualified voters in each school district shall vote for the election of a membea- from that district. It shall become mandatory upon the officers herein named to exercise the powers granted under this amendment. "No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election. as a member of the county board of education; and in said election, only the qualified voters of the county residing in that part of the county where'the schools are under the jurisdiction and control of the county school superintendent shall be eligible to vote. "That from and after the ratification of this amendment the Grand Jury of Spalding County shall make no future appointments of members of the county board of education, but the present board shall serve until their successors are duly elected as above provided. "No person shall be eligible to hold office as a member of the county board of education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly. "The county school superintendent of Spalding County shall be elected or appointed by the county board of education for a term of two years and he shall hold such office until his successor is elected and quali.fied. From and after the ratification of this amendment the voters of Spa!Qing County shall no longer elect the county school superintendent, but the present superintendent shall serve the rem~ind er of his elected term of office and until his successor is duly elected or appointed as above provided by the county board of education. "Before any person shall be qualified or eligible to hold office as county school superintendent, he shall have had at least two years practical experience in teaching and he shall have completed a minimum of five school years of college work and shall be graduated from an accredited college or university and hold the degree of Master of Arts, or an equivalent Master's degree, or he shall have had three years experience in actual supervision of schools and shall have completed a minimum of five school years of college and shall have graduated from an accredited college or university and hold the degree of Master of Arts or an equivalent Master's degree." THURSDAY, MARCH 13, 1941 959 SECTION 2. Whenever this proposed amendment shall be agreed to by twothirds of the members elected to each of the two Houses of the General Assembly and the same shall have been entered on their Journals with the "ayes" and "nays" taken thereon, it shall be published, submitted to the people in an election and the returns thereof consolidated and the result declared in the manner provided in the Act of 1939, (Ga. Laws 1939, p. 305). The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. 1!. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Gree:p.e Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Home Inglis Ingram Jackson Johnson of Chattahoochee Joiner Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kennedy Key of Jasper Lewis Living:=;ton Looper Lovett Maddox Mann Martin Mason Mavity McClure McCracken Mcintosh McEntire Miller Mills , Mims g6o JOURNAL OF THE HOUSE, Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pickett Pinkston Price Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Ranis Williams of Ware Willoughby Witheringt<>n Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the adoption of the resolution, the ayes were r65, the nays r. The resolution having received the requisite two-thirds constitutional majority was adopted. By Messrs. Welsch and Dorsey of Cobb- House Resolution No. 72-42rA. A RESOLUTION To propose to the qualified voters of Georgia an amendment to Article 7, Section THURSDAY, MARCH IJ, 1941 7, Paragraph I, of the Constitution of Georgia, so as to authorize Cobb County by vote to its fiscal a11thority to issue, in addition to all other bonds, Funding Bonds sufficent in amount to pay off and retire the designated warrant indebtedness of said County the aggregate sum not to exceed '$150,000; to provide that in the event such warrant indebtedness is paid off and retired by such issuance that said County shall thereafter operate on a strictly cash basis and be prohibited from issuing warrants or orders payable in the future; to pro'!"ide a penalty for violating the terms of this Act; 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 expenditures of the various officers and departments of said County other than the Courts thereof; to legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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, to provide for terms and conditions of proclamation and operation of amendment, 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. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property (or bond purposes, Cobb County is hereby authorized and empowered to issue bonds sufficient in amount, the aggregate sum not to exceed '$150,000 to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 6o days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds." In the event the privilege to issue as granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority 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 may be determined by the _governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and JOURNAL OF THE HOUSE, countersigned by the Treasurer of said County; any such Chief Executive Officer issuing, or any such Treasurer countersigning and delivering any check where there are insufficient funds on deposit sufficient to immediately pay same, and all other then outstanding checks, shall be guilty of a misdemeanor and shall be subject to removal from office by writ of mandamus; with the right in said governing 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 the schools, and the courts thereof and expenses of courts; any existing provision of this Constitution of any law, rule, or resolution of any other board, commission or authority to the contrary notwithstanding. All tax levies for lawful County purposes heretofore made and made in the year I 94I, and in each year thereafter by the governing authority charged with duty of managing said County's affairs shall be legal, with the express power and authority is said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature and be paid within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Cobb County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 poposed 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 I, of the Constitution, so as to authorize Cobb County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 rati- THURSDAY, MARCH IJ, I94I fication of amendment to Article 7, Section 7, Paragraph I, of the Constitution, so as to authorize Cob_b County to issue Funding Bonds, thereafter to operate on a cash basis, 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 7, Section 7, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law, and provided the amendment received the number of votes as specified in Section (lA) hereof. Section 3 Be it further enacted, that all laws or parts of laws, in conflict here- with be, and the same are, hereby repealed. The following amendment to House Resolution No. 72-42IA was read and adopted: Mr. Welsch and Dorsey of Cobb move to amend House Resolution No. 72-42IA by adding in the caption in the next to the last line thereof after the word "people" the following: "to provide for terms and conditions of operation of amendment and of proclamation." And further amend House Resolution No. 72-42IA by adding a new Section to be designated Section one (IA), as follows: "Section IA. Be it further enacted that no Funding Bonds shall be issued unless a majority of the electors of Cobb County qualified to vote for members of the General ,Assembly, voting thereon, shall vote for the ratification of this amendment. And further amend House Resolution No. 72-42IA by adding at the end of Section two (2) the following: "but, only if this amendment received the majority of votes as specified in Section IA hereof." The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended._ On the adoption of the resolution, as amended, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe 964 Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge H Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goded to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Horne Inglis ngram Jackson Johnson of Chattahoochee Joiner Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mann Martin Mason MavitY McClure McCracken Mcintosh McEntire Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove 1004 JOURNAL OF THE HOUSE, Pannell Parker Pickett Pinkston Price Reiser Rich Richardson Roberts of Gw:innett Roberts of Walton Rogers Roughton .Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of C!a.ston Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Har is Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were 165, the nays I. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Fuller of Toombs- House Bill No. 561. 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 Johnson Corner School District, of Toombs County, to incur a bonded indebted- THURSDAY, MARCH IJ, I94I I005 ness 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 November I, I940, and which becomes due up to and including November I, I940, 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, due and unpaid on November Ist, I940; to provide the terms of their issue, and to provide for the submission of the amendment for ratification by the people 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 I, 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 Johnson Corner School District of Toombs County, may issue refunding bonds not in excess of the aggregate sum of $n,ooo.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, due and unpaid on November I, I940, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including Nov. Ist, I940, 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 all such refunding bonds so issued by Johnson Corner School District, of Toombs County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of November 1, 1940. Said Refunding Bonds shall be issued whe nauthorized by a resolution of the Board of Trustees of Johnson Corner School District, 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 a 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 hold- ing the next general election, at which proposed amendments to the Constitution of this State may be voted on, same 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 Johnson Corner School District, of Toombs County, 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 Johnson Corner School District, of Toombs County, to issue refunding bonds," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the 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. 1006 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. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Greene Grice Gli;ffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Horne Inglis Ingram Jackson Johnson of Chattahoochee Joiner Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mann Martin Mason Mavity McClure McCracken Mcintosh McEntire Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pickett Pinkston Price Reiser Rich Richardson Roberts of Gwinnett THURSDAY, MARCH IJ, I94I Roberts of Walton Rogers Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke We ls of Clayton Wells of Te fair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were I65, the nays I. The bill having received the requisite two-thirds constitutional majority was passed. By Messrs. Blackshear and Smith of Hall- House Resolution No. 68-375B. A Resolution 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 City of Gainesville to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid up to and including July I, I940; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that became due and unpaid as of July I, I940; to provide for the submission of the amendment for ratification by the people; and,for other purposes. I008 JOURNAL OF THE HOUSE, SECTION I. 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 I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words,-to-wit: "And except that the City of Gainesville may issue refunding serial bonds not in excess of the aggregate sum of one hundred thousand ($Ioo,ooo.oo) dollars, for the purpose of refunding and retiring any bonded indebtedness of said City outstanding, past due and unpaid up to and including July I, I940, and providing for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Gainesville to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of July I, I940. Said refunding bonds shall be issued when authorized by a vote of the Commissioners of Gainesville, 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, same 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 Gainesville to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots, "Against ratification of amendment of Article 7, Section 7, Paragraph I, of the Constitution, authorizing the City of Gainesville to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon;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 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 report of the commit~ee, wpich was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear THURSDAY, MARCH 1J, 1941 1009 Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dil.lton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Moore of Taliaferro Greene Moss Grice Musgrove Griffin Pannell Guerry Parker Hagan Pickett Hand Pinkston Harden Price Hardman Reiser Hardy Rich Hartness Richardson Hatchett Roberts of Gwinnett Heard Roberts of Walton Herrin Rogers Hicks Roughton Holtzendorf Rowland Hooks Russell Horne Sabados Inglis Shannon Ingram Sheppard Jackson Sills Johnson of Chattahoochee Simmons Joiner Smiley Jones of Dodge Smith of Hall Jones of Richmond Smith of Schley Jones of Worth Smith of Washington Kea of Laurens Smitha Kennedy Southwell Key of Jasper Strickland Lewis Suggs Livingston Swint Looper Taft Lovett Tappan Maddox Thigpen Mann Thompson Martin Turner Mason Vickers Mavity Walker McClure Warnock McCracken Weaver Mcintosh Wells of Burke McEntire Wells of Clayton Miller Wells of Telfair Mills Welsch Mims Wetherbee Mixon Wilbanks Moate Williams of Bacon Moore of Lumpkin Williams of Harris IOIO JOURNAL OF THE HOUSE, Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the adoption of the resolution, the ayes were I65, the nays 1. The resolution having received the requisite two-thirds constitutional majority was adopted. By Messrs. Weaver, Grice and Bloodworth of Bibb- House Bill No. 616. A BILL An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Bibb County to make temporary loans between January Ist and December JISt of each year to be paid out of the revenues received by that County in that year, and to provide for the amount of said loans; and to propose an amendment to Article 7, Section 7, Paragraph I, of the Constitution of Georgia, so as to authorize Bibb County to issue notes or debt certificates from time to time in aggregate amounts not exceeding One Hundred Fifty Thousand ($15o,ooo.oo) Dollars, for the purpose of appropriating money and providing property for the State of Georgia or for the United States of America for the purposes of local, state or national defense. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof new paragraphs in the following words, to-wit: "And except that Bibb County, in addition to the debts hereinabove allowed, may make temporary loans between January Ist and December Jist of each year, to be paid out of the revenues received by the County in that year; said loans to be THURSDAY, MARCH IJ, I94I IOI I evidenced by promissory notes signed by the Chairman of the County Commissioners of Bibb County, the Treasurer of Bibb County, and attested by the Clerk of the County Commissioners, and previously authorized by resolution approved by majority vote of the Board of County Commissioners in Bibb County, at a regular meeting or special meeting called for that particular purpose, and entered on the Minutes of the Board of County Commissioners. The aggregate amount of said loans outstanding at any one time shall not exceed 50% of the total gross receipts of Bibb County from ad valorem taxes in the preceding year, and no new loans shall be made in any year until all loans made in previous years by virtue of this authority have been paid in full, provided the failure to pay said loans out of the revenues received by the County in the year the loan is made shall not affect the obligation of the County to pay the same." "And except also that Bibb County, by a majority vote of the Board of County Commissioners of said County, may issue notes or debt certificates from time to time in aggregate amounts not exceeding One Hundred Fifty Thousand ($I so,ooo.oo) Dollars, for the specific purposes hereinafter expressed. The said notes or debt certificates shall be executed by the Chairman of the Board of County Commissioners, the Treasurer of Bibb County, and attested by the Clerk of the Board of County Commissioners. Such notes or debt certificates may be issued in such denomination, bearing such interest, and falling due at such times as a Board of County Commissioners by a majority vote thereof may from time to time fix and determine, but shall not mature later than five years from the date of their respective issues. The specific purpose of loans authorized hereunder shall be for the appropriating of money, or for leasing, lending, selling or donating property, or lending credit to the State of Georgia, or the United States of America, for purposes of local, state, or national defense. Any funds borrowed by virtue of this authority may be directly so used, or given in payment for the lease or purchase of property so to be used." Section 2. Be it further enacted by the authority aforesaid, that when said amendments shall be agreed to by two-thirds vote of the Members of each House, with the "ayes" and "nays" thereon and published in one or more newspapers in each congressional district in this State for two months previous to the time for holding the next General Election, at which proposed amendments to the Constitution of this State may be voted, on, the amendments shall, at general election, be submitted separately to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution authorizing Bibb County to make temporary loans, 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 Bibb County to make temporary loans", and all persons opposed to the adoption of said amendment authorizing Bibb County to make temporary loans 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 Bibb County to make temporary loans", and if a majority of electors qualified to vote for Members of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for Members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph I, of IOI2 JOURNAL OF THE HOUSE, the Constitution of the State and the Governor shall make a proclamation thereof as provided by law, and Bibb County, without further legislation, authority or vote than that provided herein, shall be authorized to perform the act or acts embraced in such amendment. , I All persons voting at said election in favor of adopting said proposed amend- ment to the Constitution authorizing Bibb County from time to time to issue notes or debt certificates in aggregate amounts not exceeding One Hundred Fifty Thou- sand ($I5o,ooo.oo) Dollars for defense purposes 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 Bibb County to issue notes or debt certificates for defense purposes", and all persons opposed to adoption of said amendment authoriz- ing Bibb County to issue such notes or debt certificates 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 Bibb County to issue notes or debt certificates for defense purposes", and if a majority of electors qualified to vote for mem- bers of the General Assembly voting thereon, shall vote for ratification thereof, when the result shall be consolidated, as now required by law in elections for Members of the General Assembly, the said amendment shall become a part of Article 7, Sec- tion 7, Paragraph I of the Constitution of the State, and the Governor shall make a proclamation thereof, as provided by law, and Bibb County, without further legisla- tion, 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 are hereby, repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. THURSDAY, MARCH IJ, 1941 IOIJ Ennis, Marton Jones of Richmond Etheridge Jones of Worth Ferguson of Camden Kea of Laurens Ferguson of Sumter Kennedy Ford Key of Jasper Forrester Lewis Foster of Paulding Livingston Foster of Towns Looper Fowler Lovett Gaston Maddox Gill Mann Gillis Martin Goddard Mason Gowen Mavity Graham McClure Grayson McCracken Greene Mcintosh Grice McEntire Griffin Miller Guerry Mills Hagan Mims Hand Mixon Harden Moate Hardman Moore of Lumpkin Hardy Moore of Taliaferro Hartness Moss Hatchett Musgrove Heard Pannell Herrin Parker Hicks Pickett Holtzendorf Pinkston Hooks Price Horne Reiser Inglis -aich Ingram Richardson Jackson Roberts of Gwinnett Johnson of Chattahoochee Roberts of Walton Joiner Rogers Jones of Dodge Roughton Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clary Clements Culpepper Dean Fuller Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Gavin Goolsby Gray Gross IOI4 JOURNAL OF THE HOUSE, Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were I65, the nays I. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Rowland of Johnson- House Bill No. 420. A BILL 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 Wrightsville Consolidated School District, of Johnson County, 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 a portion of its existing bonded indebtedness and interest thereon past due up to and including January I, I965; 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, past due and unpaid on July I, I9J8, or which may become due up to and including January I, I965; 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 I, 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 Wrightsville Consolidated School District, of Johnson County, may issue refunding bonds not in excess of the aggregate sum of $I7,5oo.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on July I, I938, and any bonded indebtedness and interest thereon of said School District outstanding and which behomes due up to and including January I, I965, 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 Wrightsville Consolidated School District, Johnson County, to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of July I, I9J8, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January I, I965. THURSDAY, MARCH 13, 1941 10I5 Said Refunding Bonds shall be issued when authorized by a resolution of the Board of Trustees of Wrightsville Consolidated School District, and shall be validated as provided by law." Section 2. Be it further enacted by the authority aforesaid, that when said said amendment shall be agreed to by a two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one of 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, same 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 Wrightsville Consolidated School District, of Johnson County, 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 Wrightsville Consolidated School District, of Johnson County, to issue refunding bonds," And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Brnum Caldwell Campbell Candler Chastain. Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden 1016 JOURNAL OF THE HOUSE, Ferguson of Sumter Kendrick Ford Kennedy Forrester Lester Foster of Paulding Lewis Foster of Towns Livingston Fowler Looper Gaston Lovett Gill Maddox Gillis Mann Goddard Martin Gowen Mason Graham Mavity Grayson McClure Greene McCracken Grice Mcintosh Griffin McEntire Guerry Miller Hagan Mills Hand Mims Harden Mixon Hardman Moate Hardy Moore of Lumpkin Hartness Moore of Taliaferro Hatchett Moss Heard Musgrove Herrin Pannell Hicks Parker Holtzendorf Pickett Hooks Pinkston Home Price Inglis Reiser Ingram Rich Jackson Richardson Johnson of Chattahoochee Roberts of Gwinnett Joiner Roberts of Walton Jones of Dodge Rogers Jones of Richmond Roughton Jones of Worth Rowland Kea of Laurens Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Wash'ngton Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Goolsby Gray Gross Harris THURSDAY, MARCH IJ, I94I 1017 Hart Hogg Howard Hunnicutt .Johnson of Pike .Jones of Brantley Kaigler Kelley Key of .Jasper Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of .Jackson Wohlwender Woods On the passage of the bill the ayes were I65, nays I. The bill having received the requisite two-thirds constitutional majority was passed. By unanimous consent, the following bills of the House were read the third time and placed upon their passage: Bv Mr. Brooks of Oglethorpe- House Bill No. 725. A BILL 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 City of Crawford to issue bonds for the purpose of funding and-Or refunding and retiring any or all of its bonded indebtedness at any time outstanding, including interest thereon, provided that the indebtedness evidenced by such refunding bonds shall not be in excess of the amount of indebtedness municipalities are now authorized to incur, to provide for the exchange or sale of such refunding bonds, provided that the proceeds thereof, in the event such refunding bonds are sold, shall be used exclusively and for no other purpose than for the retirement of said bonded indebtedness and interest thereon, and to provide for the payment of the principal and interest of such bonds, and to provide that the governing body of the City of Crawford may, without a vote of people, authorize the issuance of such refunding bonds, and to provide for the submission of this Amendment for ratification by the people; and for other purposes. Section r. 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 I, 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 Crawford in Oglethorpe County, Georgia, may issue its serial refunding bonds for the purpose of funding and/or refunding any or all of the bonded indebtedness of said City of Crawford at any time outstanding, including interest thereon due and/or about to become due whether or not represented by coupons or interest certificates; provided, however, that the aggregate principal amount of such refunding bonds shall not exceed the aggregate amount of principal and interest to be refunded and/or funded, and shall not in any event exceed the amount of indebtedness municipalities are now authorized to incur. Such 1018 JOURNAL OF THE HOUSE, refunding bonds may be issued in exchange for a like principal amount of such bonded indebtedness and interest thereon as above provided, or they may be sold, in which event the entire proceeds thereof shall be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest. Refunding bonds herein authorized shall be issued only when authorized by a vote of the governing body of the City of Crawford and shall be validated as provided in Section 87-310 of the Code of Georgia of 1933 The full faith, credit and taxing power of the City of Crawford shall be irrevocably pledged to the payment of such refunding bonds, and the governing body of the City shall provide for the levy and collection of an annual tax upon all property subject to taxation sufficient in amount to pay the principal of and interest on such refunding bonds as the same may become due and payable, which tax shall be sufficient for such purposes and in addition to all other taxes authorized by law to be levied and collected by said City. Refunding bonds issued by the City of Crawford as authorized hereunder, to refund or fund bonded indebtedness of said City originally incurred to finance or to aid in financing the construction of its waterworks system, may be additionally secured by a pledge of the net revenues derived from the operation of such waterworks system remaining after the payment only of the reasonable and proper expenses of operation and maintenance thereof; and the City may covenant with the bondholder to establish and collect such uniform rates and charges for the services of its waterworks system as will produce gross revenues sufficient in amount to pay the current expenses of operation and maintenance thereof and the principal of and interest on such refunding bonds as the same may become due and to establish a reasonable reserve therefor; provided that the tax herein before authorized and required may be reduced in amount to the extent only that such revenues shall be pledged and available for the payment of the principal ol and interest on such refunding 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 irt 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 this proposal 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 I of the Constitution authorizing the City of Crawford to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Article 7, Section 7, Paragraph I of the Constitution authorizing the City of Crawford 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 I, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. THURSDAY, MARCH 13, 1941 1019 Seeton 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. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hagan Hand Harden Hardman Hardy Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Horne Inglis Ingram Jackson Johnson of Chattahoochee Joiner Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mann Martin Mason Mavity McClure McCracken Mcintosh McEntire Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pickett Pinkston Price Reiser I020 JOURNAL OF THE HOUSE, Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Snith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were I65, the nays I. The bill having received the requisite twa-thirds constitutional majority was passed. By Mr. Brooks of Oglethorpe- House Bill No. 726. A BILL 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 City of Lexington to issue bonds for the purpose of funding and/or refunding and retiring any or all of its bonded indebtedness at any time outstanding, including interest thereon, provided that the indebtedness evidenced by such refunding bonds shall THURSDAY, MARCH 13, 1941 1021 not be in excess of the amount of indebtedness municipalities are now authorized to incur, to provide for the exchange or sale of such refunding bonds, provided that the proceeds thereof, in the event such refunding bonds are sold, shall be used exclusively and for no other purpose than for the retirement of said bonded indebtedness and interest thereon, and to provide for the payment of the principal and interest of such bonds, and to provide that the governing body of the City of Lexington may, without a vote of people, authorize the issuance of such refunding bonds, and to provide for the submission of this Amendment for ratification by the people; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, paragraph I, 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 Lexington in Oglethorpe County, Georgia, may issue its serial refunding bonds for the purpose of funding and/or refunding any or all of the bonded indebtedness of said City of Lexington at any time outstanding, including interest thereon due and/or about to become due whether or not represented by coupons or interest certificates; provided, however, that the aggregate principal amount of such refunding bonds shall not exceed the aggregate amount of principal and interest to be refunded and/or funded, and shall not in any event exceed the amount of indebtedness municipalities are now authorized to incur. Such refunding bonds may be issued in exchange for a like principal amount of such bonded indebtedness and interest thereon as above provided, or they may be sold, in which event the entire proceeds thereof shall be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest. Refunding bonds herein authorized shall be issued only when authorized by a vote of the governing body of the City of Lexington, and shall be validated as provided in Section 87-310 of the Code of Georgia of 1933. The full faith, credit and taxing power of the City of Lexington shall be irrevocably pledged to the payment of such refunding bonds, and the governing body of the City shall provide for the levy and collection of an annual tax upon all property subject to taxation sufficient in amount to pay the principal of and interest on such refunding bonds as the same may become due and payable, which tax shall be sufficient for such purposes and in addition to all other taxes authorized by law to be levied and collected by said City. Refunding bonds issued by the City of Lexington as authorized hereunder, to refund or fund bonded indebtedness of said City originally incurred to finance or to aid in financing the construction of its waterworks system, may be additionally secured by a pledge of the net revenues derived from the operation of such waterworks system remaining after the payment only of the reasonable and proper expenses of operation and maintenance thereof; and the City may covenant with the bondholder to establish and collect such uniform rates and charges for the services of its waterworks system as will produce gross revenues sufficient in amount to pay the current expenses of operation and maintenance thereof and the principal of and interest on such refunding bonds as the same may become due and to establish a reasonable reserve therefor; provided that the tax hereinbefore authorized and required may be reduced in amount to the extent only that such revenues shall be pledged and available for the payment of the principal of and interest on such refunding bonds. 1022 JOURNAL OF THE HOUSE, 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 this proposal 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 Lexington to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Article 7, Section 7, Paragraph I of the Constitution authorizing the City of Lexington 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 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 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. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester THURSDAY, MARCH IJ, 1941 1023 Foster of Paulding Key of Jasper Foster of Towns Lewis Fowler Livingston Gaston Looper Gill Lovett Gillis Maddox Goddard Mann Gowen Martin Graham Mason Grayson Mavity Greene McClure Grice McCracken Griffin Mcintosh Guerry McEntire Hagan Miller Hand Mills Harden Mims Hardman Mixon Hardy Moate Hartness Moore of Lumpkin Hatchett Moore of Taliaferro Heard Moss Herrin M).lsgrove Hicks Pannell Holtzendorf Parker Hooks Pickett Home Pinkston Inglis Price Ingram Reiser Jackson Rich Johnson of Chattahoochee Richardson Joiner Roberts of Gwinnett Jones of Dodge Roberts of Walton Jones of Richmond Rogers Jones of Worth Roughton Kea of Laurens Rowland Kennedy Russell Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Witherington Wren Wright Yawn Gross Harris Hart Hogg Howard JOURNAL OF THE HOUSE, Hunnicutt Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were 165, the nays I. The bill having received the requisite two-thirds constitutional majority was passed. By Mr. Brooks of Oglethorpe- House Bill No. 727. A RESOLUTION 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 Oglethorpe County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness 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 legalize tax levies and to authorize the levy and collection of a tax in the current year, for use all or in part, for the operation of said County for the ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said County to make provisions for paying off and retiring said bonds within thirty years from their date; 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 manner of the validation of said bonds; to provide for the holding of a special election to determine whether or not said bonds shall be issued; 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 same: Section r. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Oglethorpe County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 THURSDAY, MARCH 13, 1941 1025 Clerk of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 6o days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds." In the event the privilege granted herein as exercised by said County after said date as so determined by said governing authority, said County and the governing authority thereof are prohibited from issuing warrants and deferred payment orders on the Treasury or depository 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 or depository of said County shall be paid monthly or otherwise as may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Clerk of said governing authority of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. (Said Funding Bonds shall be issued under the authority hereof when authorized by a special election to be held in the manner prescribed by law for elections as in the case of original obligation bonds, except that said bonds may be issued upon the assent of the majority of the qualified voters actually voting in said special election for that purpose. If a majority of the qualified voters of Oglethorpe County voting at said special election vote for said Funding Bonds, then the governing authority of Oglethorpe County shall have the authority to issue said Funding Bonds, and said bonds shall be general obligations of said County, and shall be validated in the manner as is provided by law for the validation of original obligation bonds) Section 2. Be it further enacted by the authority aforesaid, that wneh said amendment shall be agreed to by twa-thirds vote of the members of each House, with 1026 JOURNAL OF THE HOUSE, 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 I, of the Constitution, so as to authorize Oglethorpe County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 I, of the Constitution, so as to authorize Oglethorpe County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make proclamation thereof 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. 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 was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Daves Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis THURSDAY, MARCH IJ, 1941 I0'2j Goddard Lovett Gowen Maddox Graham Mann Grayson Martin Greene Mason Grice Mavity Griffin McClure Guerry McCracken Hagan Mcintosh Hand McEntire Harden Miller Hardman Mills Hardy Mims Hartness Hatch~tt Mixon Moate Heard Moore of Lumpkin Herrin Moore of Taliaferro Hicks Moss Holtzendorf Musgrove Hooks Pannell Horne Parker Inglis Pickett Ingram Pinkston Jackson Price Johnson of Chattahoochee Reiser Joiner Rich Jones of Dodge Richardson Jones of Richmond Roberts of Gwinnett Jones of Worth Roberts of Walton Kea of Laurens Rogers Kennedy Roughton Key of Jasper Rowland Lewis Russell Livingston Sabados Looper Shannon Those voting in the negative were Messrs.: Harrison Those not voting were Messrs.: Branch Bruce Callaway Clements Culpepper Dean Fuller Gavin Goolsby Gray Gross Harris Hart Hogg Howard Hunnicutt Sheppard Sills Simmons Smiley Sntith of Hall Sntith of Schley Sntith of Washington Sntitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris WilUams of Ware Willoughby Witherington Wren Wright Yawn Johnson of Pike Jones of Brantley Kaigler Kelley Kendrick Lester Mankin Maund 1028 JOURNAL OF THE HOUSE, Maxwell McNall Pettit Phillips Pilcher Pittman Rees Rossee Smith of Barrow Smith of Carroll Whipple Williams of Jackson Wohlwender Woods On the passage of the bill, the ayes were 165, the nays I. The bill having received the requisite two-thirds constitutional majority was passed. The following resolution of the House was read: By Messrs. Russell of White and Williams and Hardy of Jackson- House Resolution No. 124. A resolution naming the bridge across the C~attahoochee River inNacoochee Valley for the Ia te L. G. Hardman. On the adoption of the resolution, the ayes were 125, the"nays o. The resolution was adopted. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senator Wall of the 28th District- Senate Bill No. 63. A bill to be entitled an Act to require all defendants in misdemeanor cases, in counties having a population of not less than 8,500 and not more than 9,000 to be bound over to the County or City Courts for trial; and for other purposes. Referred to the Committee on Special Judiciary. By Senator Gross of the 2oth District- Senate Bill No. II 2. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize counties, municipal corporations and political divisions of this State to refund any outstanding bonded indebtedness; and for other purposes. Referred to the Committee on Amendments to Constitution No.2. By Senator Edenfield of the 4th District- Senate Bill No. 168. A bill to be entitled an Act to provide for more efficient administration of the Public Welfare Laws of this State; and for other purposes. Referred to the Committee on Public Welfare. By Senator Kiker of the 41st District- Senate Bill No. 190. A bill to be entitled an Act to incorporate and establish the City of East Ellijay; and for other purposes. Referred to the Committee on Municipal Government. THURSDAY, MARCH 13, 1941 1029 By Senator Houston of the 51st District- Senate Resolution No. 52-192A. A resolution to amend the Constitution of Georgia so as to provide that the successors of present and subsequent incumbents in the office of solicitor general shall be elected by the electors of their respective judicial circuits; and for other purposes. Referred to the Committee on Amendments to Constitution No.2. By Senator Houston of the 51st District- Senate Resolution No. 53-192B. A resolution to amend the Constitution of Georgia so as to provide that the successors of present and subsequent incumbents in the office of judge of the superior courts shall be elected by the electors of their respective circuits; and for other purposes. Referred to the Committee on Amendments to Constitution No.2. By Senator Gross of the 20th District- Senate Resolution No. 59-21oB. A resolution memorializing Congress and those in charge of the Selective Service Act to provide for the deferment of military training on the part of dental students; and for other purposes. Referred to the Committee on Military Affairs. The following report of the Committee on Rules was submitted and read: Mr. Speaker: REPORT OF COMMITTEE ON RULES Your Committee on Rules having had under consideration the matter of fixing a calendar for Thursday, March 13, 1941, submits the following report: Your committee recommends that the following bills be set as a special and continuing order of business for the said date: I. House Bill No. 26. Right of ways for highways. 2. House Bill No. 201. Chiropractor. 3 House Bill No. 46. Uniform time. 4 House Bill No. 141. Examination of motion picture operators. 5 House Bill No. 391. Rules, appellate courts. 6. House Bill No. 371. Lien of hospital. 7 House Resolution No. 309. Hospital authority. 8. House Bill No. 310. Hospital authority. 9 House Bill No. 668. Labor bill. IO. House Bill No. 67. Labor bill. Io3o JOURNAL OF THE HOUSE, I I. House Bill No. 34S Amend the charter of the Georgia Railroad. I2. House Bill No. 3SI. Taxation of property of Georgia Railway. I3. House Bill No. 304. Changing date of State holiday. I4. House Resolution No. 32-I37 Authorizing $2,SOO to Robert Coleman. IS House Bill No. p8. Authorizing Quitman County to issue funding bonds. I6. House Bill No. 6I3. Lease land to United States of America for national defense. I? House Bill No. 4II. Permit highway department to build aviation field. I8. House Bill No. 392. School transportation. I9. House Bill No. ISS Placing fishing license in county. Evans of McDuffie, Chairman. Drinkard of Lincoln, Secretary. The following amendment to the report of the Committee on Rules was read: Dr. Daves of Dooly moves that the report of the Rules Committee setting calendar for Thursday morning, March I3, I94I be amended by adding thereto and at the top thereof, House Bill No. 248, known as the Dry Bill. On the adoption of the amendment to the report of the Committee on Rules, Mr. Daves of Dooly moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Ansley Aultman Barlow Blackshear Bradbury Branch Bridg~s Brinson Brooks of Oglethorpe Clements Curry Dalton Daves Davis Drinkard Ennis, Marion Ford Forrester Foster of Paulding Foster of Towns Gaston Graham Griffin Gross Hardman Hardy Harrison Hartness Hatchett Hogg Holtzendorf Horne Hunnicutt Inglis Ingram Jackson Joiner Jones of Dodge Jones of Richmond Jones of Worth Looper Maddox Mann Martin Mason Mavity McClure McEntire Miller Mills Mixon Moate Moore of Lumpkin Moore of Taliaferro THURSDAY, MARCH 1J, 1941 10JI Moss Musgrove Pannell Parker Price Reiser Rich Roberts of Gwinnett Roughton Rowland Russell Sheppard Smith of Hall Smith of Schley Smith of Washington Smitha Strickland Suggs Thompson Those voting in the negative were Messrs.: Adams Aiken Anglin Atkinson Bates Bennett Bentley Bloodworth Bowen Boone Brooks of Mitchell Bynum Caldwell Campbell Candler Chastain Connell Cowart Dallis Deal Dorsey Drake Dunaway Dunn Dupree Dyal Edwards Elliott Ennis, J. H. Etheridge Ferguson of Camden Ferguson of Sumter Fowler Gillis Goddard Gowen Gray Grayson Greene Grice Guerry Hand Harris Herrin Hicks Hooks Kea of Laurens Kennedy Key of Jasper Lewis Lovett Mankin Those not voting were Messrs.: Allison Anderson Arnall Barber Blease Bruce Callaway Culpepper Dean Easler Fuller Gavin Gill Goolsby Hagan Harden Walker Wells of Clayton Wells of Telfair Whipple Williams of J;[arris Williams of Jackson Willoughby Witherington Wren Mcintosh Mims Pilcher Pinkston Richardson Roberts of Walton Rogers Sabados Shannon Sills Simmons Smiley Swint Taft Tappan Thigpen Turner Vickers Weaver Welsch Wetherbee Wilbanks Williams of Bacon Williams of Ware Yawn Hart Heard Howard Johnson of Chattahoochee Johnson of Pike Jones of Brantley Kaigler Kelley 1032 JOURNAL OF THE HOUSE, Kendrick Lester Livingston Maund Maxwell McCracken McNall Pettit Phillips Pickett Pittman Rees Rossee Smith of Barrow Smith of Carroll Southwell Warnock Wells of Burke Wohlwender Woods Wright The roll call wa!> verified. On the amendment to the Report of the Committee on Rules, the ayes were 82, the nays 77 The amendment was lost. Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time: By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 26. A bill to be entitled an Act to amend the Code of Georgia of 1933 so as to provide a new section providing for the control and supervision of State Aid Roads and their construction and for the payment of all the expenses necessary for such establishment and construction by the State Highway Board out of funds allocated to the State Highway Department; and for other purposes. A substitute by the committee was read. Mr. Lovett of Laurens moved that House Bill No. 26 be tabled. On the motion to table, the ayes were 100, the nays 19. The bill was tabled. Mr. Grice of Bibb moved that the House have night sessions, and the motion was lost. Under the order of business established by the Committee on Rules, the following bills of the House were again taken up for consideration: By Messrs. Livingston of Polk and Dallis of Troup- House Bill No. 201. A bill to be entitled an Act to further regulate the practice of chiropractic so as to change the college requirement from four six-months courses to four nine-months courses; and for other purposes. Mr. Davis of Coweta moved the previous question, the call was sustained and the main question was ordered. The following amendment was read and adopted: Mr. Livingston of Polk moves to amend House Bill No. 201 by striking Section 3 in its entirety and adding the following: "Chiropractic" defined-The term "Chiropractic" as used in this chapter means the adjustment of the articulations of the human body, including ilium, sacrum and coccyx, and in the use of diet, electricity, x-ray photography, but the x-ray shall not THURSDAY, MARCH 13, 1941 IOJJ be used for therapeutical purposes. An amendment by Mr. Dunaway of DeKalb was read and lost. An amendment by Mr. Wohlwender of Muscogee was ruled out of order. 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 I 14, the nays 26. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 46. A bill to be entitled an Act to establish a uniform time for Georgia; and for other purposes. Mr. Hand of Mitchell moved the previous question, the call was sustained and the main question was ordered. An amendment by Mr. Brinson of Chattooga was read and lost. On the passage of the bill, Mr. Bradbury of Oconee moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anderson Anglin Atkinson Barber Barlow Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bynum Campbell Candler Connell Cowart Curry Dalton Daves Deal Dean Drinkard Dunaway Dupree Dyal Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Foster of Towns Gaston Gill Gillis Gowen Graham Gray Greene Grice Griffin Gross Hand Harden Hardy Harris Heard Herrin Hicks Holtzendorf Hooks Home Inglis Ingram Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Key of Jasper Lester IOJ4 JOURNAL OF THE HOUSE, Livingston Lovett Maddox Mankin Mason McCracken Mcintosh Moate Moore of Lumpkin Moore of Taliaferro Phi lips Pilcher Price Rich Richardson Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sills Smiley Smith of Barrow Smith of Hall Smith of Washington Smitha Southwell Suggs Swint Taft Tappan Thigpen Turner Vickers Warnock Wells of Burke Wells of Clayton Wells of Telfair Wetherbee Whipple Wilbanks Williams of Jackson Williams of Ware willoughby Wren Wright Yawn Those voting in the negative were Messrs.: Allison Ansley Arnall Aultman Bates Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Caldwell Chastain Clements Dallis Davis Dorsey Drake Dunn Easler Edwards Forrester Foster of Paulding Fowler Goddard Guerry Hardman Hartness Hatchett Hogg Hunnicutt Jackson Kelley Lewis Mann Martin Mavity McClure McEntire Mills Mims Mixon Moss Musgrove Pinkston Rees Reiser Simmons Smith of Schley Strickland Walker Williams of Bacon Williams of Harris Those not voting were Messrs.: Bruce Callaway Culpepper Fuller Gavin Goolsby Grayson Hagan Harrison Hart Looper Howard Maund Johnson of Chattahoochee Maxwell Johnson of Pike McNall Joiner Miller Jones of Brantley Pannell Kaigler Parker Kendrick Pettit Kennedy Pickett THURSDAY, MARCH IJ, I94I 1035 Pittman Roberts of Gwinnett Sheppard Smith of Carroll Thompson Weaver Welsch Witherington Wohlwender Woods By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were II6, the nays 51. The bill having received the requisite constitutional majority was passed. Mr. Hand of Mitchell moved that House Bill No. 46 be immediately transmitted to the Senate, and the motion prevailed. Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time: By Messrs. Drinkard of Lincoln, Pannell of Murray, and Evans of McDuffie- Hause Bill No. I41. A bill to be entitled an Act to promote public safety by providing for the examination and licensing by the State Fire Inspector of operators of machinery used in projection booths of motion picture theatres; and for other purposes. Mr. Caldwell of Troup moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I 8, the nays I. The bill having received the requisite constitutional majority was passed. By unanimous consent, House Bill No. I4I was ordered immediately transmitted to the Senate. Under the order of business established by the Committee on Rules, the following bill of the House was again taken up for consideration: By Messrs. Brinson of Chattooga and Elliott of Muscogee- House Bill No. 39I. A bill to be entitled an Act to provide a simpler method for the trial and correction of error of law by the Supreme Court and Court of Appeals; and for other purposes. Mr. Kea of Laurens moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 103, the nays 3 The bill having received the requisite constitutional majority was passed. IOJ6 JOURNAL OF THE HOUSE, By unanimous consent, the House recessed for one hour. '2:oo o'clock, P M. The Speaker called the House to order. The roll was called and the following members answered to their names: Adams Aiken Alison Anderson Anglin Ansley Arnall Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Oglethorpe Bynum Caldwel'. Callaway Campbell Candler Chastain Clements Connell Cowart Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dupree Jones of Richmond Dyal Jones of Worth Edwards Kea of Laurens Elliott Kendrick Ennis, J. H. Key of Jasper Ennis, Marion Lt>ster Etheridge Lewis Ferguson of Camden Livingston Ford Looper Foster of Paulding Lovett Foster of Towns Maddox Gill Mankin Gillis Mann Goddard Mason Graham MavitY Gray McClure Greene McCracken Grice Mcintosh Griffin McEntire Gross Mills Guerry Mims Hagan Mixon Hand Moate Haden Moore of Lumpkin Hardman Moore of Taliaferro Hardy Moss Harris Musgrove Harrison Pannell Hartness Parker Hatchett Phillips Herrin Pickett Hicks Pinkston Hogg Price Holtzendorf Rees Hooks Reiser Horne Rich Hunnicutt Roberts of Walton Inglis Rogers Ingram Rossee Jackson Roughton Johnson of Chattahoochee Rowland Jones of Dodge Russell THURSDAY, MARCH 13, 1941 1037 Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Hall Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wren Yawn Mr. Speaker Mr. Strickland of Haralson moved that Mr. Mixon of Irwin be allowed to intrOduce a bill, and the motion prevailed. Mr. Mixon of Irwin introduced the following bill, which was read the first time and referred to the committee: By Mr. Mixon of Irwin- House Bill No. 750. A bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to permit referendums for making wet counties dry; and for other purposes. The Speaker referred the bill to the Committee on Temperance. Mr. Mixon of Irwin moved that House Bill No. 750 be engrossed. On the motion to engross, the ayes were 110, the nays 5, The bill was ordered engrossed. 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. Hatchett and Thompson of Meriwether- House Bill No. 371. A bill to be entitled an Act to amend the Act relating to inn-keepers so as to provide hospitals with the same liens; and for other purposes. The previous question was ordered. 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 98, the nays 21. The bill having failed to receive the requisite constitutional majority was lost. Mr. Thompson of Meriwether gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 371. 1038 JOURNAL OF THE HOUSE, By Mrs. Mankin and Messrs. Etheridge of Fulton, Candler, Dunaway and Turner ofDeKalb- House Bill No. 309. A bill to be entitled an Act to propose an amendment to the Constitution of Georgia so as to authorize the establishment of Hospital Authorities; and for other purposes. The following substitute to House Bill No. 309 was read: A BILL To be entitled an Act to propose an amendment to Article Seven, Section Six of the Constitution of Georgia, authorizing counties and municipal corporations to contract with each other or with public agencies, public corporations or Authorities and to convey existing facilities to any public agencies, public corporations or Authorities and to provide hospitalization facilities. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That Article Seven, Section Six of the Constitution of Georgia, as heretofore amended, be further amended by adding at the end of said Section Six the following new paragraph to be designated as Paragraph Three, to-wit: "Paragraph 3 (a) Any city, town, municipality or county of this State may contract for any period not exceeding thirty years with each other or with any public agency, public corporation or Authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of any such city, town municipality, county, public agency, public corporation or Authority, provided iuch contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake. (b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized by the preceding paragraph, to convey to any public agency, public corporation or Authority now or hereafter created existing facilities operated by such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or Authority and provided such facilities are to be maintained and operated by such public agency, public corporation or Authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this Section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or Authority. (c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or Authority for the care, maintenance and hospitalization of its indigent sft:k, and may as a part of such contract obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or Authority, and provide for the payment for such services and the cost to such public agency, public corporation or Authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such THURSDAY, MARCH 13, 1941 1039 city, town, municipality or county from any taxes authorized by the Constitution of this State or revenues derived from any other sources." Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1939 Mr. Kea of Laurens moved the previous question, the call was sustained and the main question ordered. The substitute to House Bill No. 309 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 was called and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Allison Anglin Ansley Arnall Atknson Barber Bates Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Candler Chastain Clements Cowart Curry Dallis Daves Davis Deal Dean Dorsey Drake Dunaway Dupree Dyal Edwards Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gill Gillis Goddard Gowen Graham Gray Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman Ha~;,dy Harris Harrison Hartness Hatchett Hicks Hogg Holtzendorf Hooks Home Hunnicutt Inglis Ingram Jackson Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kendrick Key of Jasper Lester Lewis Looper Lovett 1040 JOURNAL OF THE HOUSE, Mankin Mann Martin Mason MavitY McClure McCracken Mcintosh McEntire Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pickett Price Reiser Roberts of Walton Rossee Roughton Rowland Russell Sabados Shannon Sills Simmons Smiley Smith of Barrow Smith of Hall Smitha Southwell Strickland Suggs Swint Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Aultman Connell Those not voting were Messrs.: Adams Anderson Barlow Bennett Bentley Blackshear Blease Brooks of Mitchell Bruce Culpepper Dalton Drinkard Dunn Easler Elliott Ennis, J. H. Fuller Gaston Gavin Goolsby Pettit Grayson Phillips Hart Pilcher Heard Pinkston Herrin Pittman Howard Rees Johnson of Chattahoochee Rich Johnson of Pike Richardson Joiner Roberts of Gwinnett Jones of Brantley Rogers Kaigler Sheppard Kelley Smith of Carroll Kennedy Smith of Schley Livingston Smith of Washington Maddox Taft Maund Wilbanks Maxwell Wohlwender McNall Woods Miller On the passage of the bill, by substitute, the ayes were 146, the nays 2. THURSDAY, MARCH 13, 1941 The bill having received the requisite two-thirds constitutional majority was passed, by substitute. The following message was received from the Senate through Mr. Camp, 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 Mr. Vickers of Coffee and Mr. Taft of Atkinson- House Bill No. 90. A bill to amend an Act designating the Highway mileage by adding additional mileage in Coffee and Atkinson Counties; and for other purposes. By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton- House Bill No. 170. A bill to amend the County Board of Health Act so as to provide that a member of the Board of County Commissioners other than the Chairman may sit upon same; and for other purposes. By Messrs. Heard of Elbert, and Richardson of Hart- House Bill No. 185. A bill to amend Section 45-505 of the Code to provide the conditions under which this Act shall remain operative; to repeal conflicting laws; and for other purposes. By Messrs. Clements of Calhoun and Gavin of Clay- House Bill No. 203. A bill to amend the Highway mileage Act by adding certain mileage to the State Aid System of Roads; and for other purposes. By Mr. Smith of Barrow- House Bill No. 232. A bill to provide for holding four terms a year of the Superior Court of Barrow County; and for other purposes. By Messrs. Dunaway, Candler, Turner of DeKalb, Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Bill No. 234 A bill to provide a pension for the Police Department in Cities having a population of I 50,000 or more in the State of Georgia according to the last Census of the United States; and for other purposes. By Messrs. Dallas, Caldwell, and Bruce of Troup- House Bill No. 261. A bill to amend an Act entitled "Highway Mileage" by adding a certain road to the State Aid System of Roads; and for other purposes. By Mr. Welsch of Cobb- House Bill No. 293 A bill to amend Section 34-1302 of the Code relating to elections; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Gray of Houston, Dupree of Pulaski, and Bloodworth of Bibb- House Bill No. 295 A bill to amend an Act entitled "Highway Mileage" for Houston County; and for other purposes. By Messrs. Gowen of Glynn, Dyal of Appling, Anderson of Wayne, Bennett of Jeff Davis, and Ferguson of Camden- House Bill No. 303. A bill to amend Section 24-3103 and 24-3104 of the Code, relating to the compensation for the court reporter in the Brunswick Judicial Circuit; and for other purposes. By Mr. Wilbanks of Cherokee- House Bill No. 325. A bill to authorize any County in this State having a population of not less than 20,120 and not more than 20,13oinhabitants, according to the 1940 Federal census, to pass through the Board of County Commissioners, zoning and planning laws; and for other purposes. By Messrs. McClure of Catoosa, Kelly, and Mavity of Walker- House Bill No. 364. A bill to amend the Highway Mileage Act so as to add to map attached to said Act a road in Catoosa and Walker Counties; and for other purposes. By Mr. Kaigler of Quitman- House Bill No. 375 A bill to amend an Act entitled "Highway Mileage" known as the Neill-Traylor Act; and for other purposes. By Mrs. Mankin, Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 441. A bill to amend the pension system for Fulton County Police to provide a pension for J. W. Ball, Sr.; and for other purposes. By Messrs. Bowen of Pierce and Jones of Brantley- House Bill No. 446. A bill to amend an Act entitled "Highway Mileage" as same appears in the Acts of 1929, so as to include on map attached to and incorporated in said Act entitled, "Highway Mileage", a road leading from Blackshear, Georgia to a town known as Trudie, Georgia; and for other purposes. By Messrs. Bowen of Pierce, Bates, and Williams of Ware- House Bill No. 453 A bill to amend an Act entitled "Highway Mileage" by adding to the Traylor-Neill map a road leading from the City of Blackshear; and for other purposes. By Mr. Davis of Coweta- House Bill No. 473 A bill to amend an Act relating to salaries of clerk in lieu of fees approved March 2, 1933, by making the said Act applicable to counties on a basis of the 1930 census only; for other purposes. By Messrs. Atkinson, Grayson, and McNall of Chatham- THURSDAY, MARCH 13, 1941 House Bill No. 495 A bill to provide the dates of holding four terms of the Superior Court of Chatham County, Georgia; and for other purposes. By Messrs. McNall, Grayson, and Atkinson of Chatham- House Bill No. 507. A bill to amend the Highway Mileage Act, so as to place Montgomery Street extension, in Chatham County, on State Road System; and for other purposes. By Messrs. Atkinson, Grayson, and McNall of Chatham- House Bill No. 556. A bill to amend the Acts incorporating the town of Savan- nah Beach formerly known as the Town of Tybee in Chatham County, Georgia; and for other purposes. By Mr. Gill of Bryan- House Bill No. 573: A bill to describe, define and officially name a system of coordinates in designating the positions of points on the surface of the Earth within Bryan County; and for other purposes. By Mr. Moate of Hancock- House Bill No. 6o2. A bill to amend an Act known as "An Act to incorporate certain Churches and Camp-Grounds, and to appoint Trustees for the same," and for other purposes. By Mr. Strickland of Haralson- House Bill No. 621. A bill to amend the Charter of Bremen, Georgia in the County of Haralson approved August the 2oth, 1906 so as to extend the corporate limits of said City; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 629. A bill to amend the Charter of the City of Columbus, Muscogee County, Georgia, for the purpose of authorizing the Board of Managers of the City Hospital of said City to sell and transfer property; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 630. A bill to amend the Charter of the City of Columbus, Georgia, so as to empower said City to grant pen!lions, and retirement benefits to officers and employees of said Ci~y, with certain exemptions and subject to certain conditions; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 631. A bill granting express authority to the City of Columbusto erect and maintain a public passenger station, between the two roadways on Broadway between Eleventh Street and Twelfth Street; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill,No. 632. A bill authorizing the City of Columbus to incur expenses 1044 JOURNAL OF THE HOUSE, in the lighting, heating or maintenance of a passenger station in the center of Broad Street, in front of the Rankin House in said city for the use of the general public, authorizing the city of Columbus to take possession of said building, operating and maintaining the same; and for other purposes. By Messrs. Elliott and Wohlwender ofMuscogee- House Bill No. 633. A bill to regulate the salaries of stenographic reporters of the Superior Courts of all Judicial Circuits of this State in all counties having a population of not less than 50,000 or more than 55,000; and for other purposes. By Messrs. Smitha and Smith of Carroll- House Bill No. 642. A bill to amend an Act entitled An Act creating the Charter of the Town of Bowden in Carroll County, Georgia; and for other purposes. By Mr. Heard of Elbert- House Bill No. 645. A bill to amend an Act incorporating the City of Elberton, to authorize the Mayor and City Council of said City to enact zoning and planning ordinances and to fix methods of zoning said city; and for other purposes. By Mr. Dyal of Appling- House Bill No. 650. A bill to amend the Charter of the City of Baxley; and for other purposes. By Mr. Davis of Coweta- House Bill No. 651. A bill to amend an Act entitled an Act to create a new Charter for the city of Newnan, County of Coweta; and for other purposes. By Mr. Hart of Thomas- House Resolution No. 46-259A. A resolution providing that the Ordinary of Thomas County be furnished certain copies of the Georgia Supreme Court Reports; and for other purposes. By Mr. Looper of Dawson- House Resolution No. 53-297B. A resolution authorizing the State Library to furnish to the Clerk of the Superior Court of Dawson County, certain volumes of the Georgia reports; and for other purposes. By Senator Couch of the pnd District- Senate Bill No. 76. A bill to amend Section 27-2702 of the Code of Georgia of 1933, relating to the powers of courts to place offenders on probation by further enlarging the powers of courts as to cases of abandonment or bastardy; and for other purposes. By Senators Coker of the 39th, and Cannon of the 4oth Districts- Senate Bill No. 148. A bill to repeal Sections 3 and 4 of an Act approved August 20, 1917, authorizing any fraternal benefit society in this State to issue benefit certificates to its members in accordance with its laws providing for the establish- THURSDAY, MARCH 13, 1941 ment of its membership into divisions and classes of the same age of entry; and for other purposes. By Senators Redwine of the 26th, and Edwards of the 6th Districts- Senate Bill No. 149 A bill to amend an Act fixing the compensation of members of County Boards of Education; and for other purposes. By Senators Coker of the 39th, and Almand of the 27th, Cannon of the 4oth, Milhollin of the 46th, Moseley of the 15th, and Sumner of the Ioth Districts- Senate Bill No. I 52 A bill to define and provide for the abatement of certain public nuisances; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. 166. A bill authorizing and empowering judges of the Superior Court to continue Grand Juries in session beyond the end of any term of court for which they were originally impanelled; and for other purposes. By Senator Redwine of the 26th District- Senate Bill No. q8. A bill to restrict and limit the jurisdiction of the State Board of Tax Appeals; and for other purposes. By Senator Dorsey of the 32nd DistrictSenate Bill No. 181. A bill to create the city court of Cleveland; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. 189. A bill to amend an Act providing that counties having a population of more than 200,000 shall furnish aid, relief and pensions to regular members of the county police department; and for other purposes. By Senator Whaley of the 45th DistrictSenate Bill No. 196. A bill to amend an Act so as to empower the City of McRae to pave streets and sidewalks in the corporate limits of the City of McRae; and for other purposes. By Senator Campbell of the 34th DistrictSenate Bill No. 206. A bill to amend the Charter of the City of Covington so as to provide for a commission form of government; and for other purposes. By Senator Campbell of the 34th DistrictSenate Bill No. 207. A bill to amend an Act incorporating the City of Coving- ton; and for other purposes. By Senator Whaley of the 45th DistrictSenate Resolution No. 54-195A. A resolution providing for the issuance of Funding Bonds for the county of Irwin for the purpose of paying off the current warrani indebtedness of said county; and for other purposes. JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. Camp, 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. Smith of Barrow- House Bill No. 267. A bill to repeal an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow"; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Conference Committee on the following bill of the Senate: By Senator Drake of the 8th District- Senate Bill No. 70. A bill to repeal an Act to amend, consolidate, and supersede the several acts incorporating the City of Colquitt; and for other purposes. The following resolutions of the House were read and adopted: By Messrs. Russell of White and Hardy and Williams of Jackson- House Resolution No. 124. A resolution to pay tribute to Dr. L. G. Hardman by naming a bridge across the Chattahoochee River in his honor; and for other purposes. By Mr. Brinson of Chattooga- House Resolution No. 144. A resolution inviting the Hon. Elbert Forrester to appear before the House Friday morning; and for other purposes. By Mr. Aiken of Bulloch- House Resolution No. 145 A resolution requesting that certain committees visit State Institutions; and for other purposes. By Mr. Boone of Wilkinson, et. ai.House Resolution No. 146. A resolution extending sympathy to the family of the late Honorable L. R. James; and for other purposes. By Mr. Roberts of WaltonHouse Resolution No. 147. A resolution to honor Miss Moina Michael for her THURSDAY, MARCH 13, 1941 1047 famous book; and for other purposes. Under the order of business, established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time: By Mrs. Mankin and Messrs. Etheridge of Fulton and Candler, Dunaway and Turner ofDeKalb- House Bill No. 310. A bill to be entitled an Act to establish hospital authorities; and for other purposes. The following substitute_to House Bill No. JIO was read: A BILL To be entitled an Act to create public bodies corporate and politic to be known as Hospital Authorities; to define and provide for the exercise of the duties and powers of such Authorities; to authorize the construction by such Authorities of hospitals, sanitariums, clinics, and other public buildings in connection with hospital projects and utilities in connection with or incident to hospital projects and facilities; to provide for the issuance, sale and redemption of revenue anticip;;ttion certificates; to provide funds for such construction; to provide that such obligations shall not constitute obligations of any county or municipal corporation; to authorize counties and municipal corporations to levy taxes; to provide medical or other care and hospitalization for the indigent sick of such sub-divisions, and to contract therefor with such Hospital Authority; to authorize counties and municipal corporations to convey to. such Authorities existing hospital facilities; to provide that the properties held by such Hospital Authorities and securities issued by such authorities shall be exempt from taxation and shall constitute legal iftvestments for trustees; to provide for the exercise of the right of eminent domain by such Authorities; and for other purposes. Be it enacted by the General As~embly of Georgia: Section I. This Act may be referred to as the "Hospital Authorities Law." Section 2. The following terms, whenever used and referred to in this Act, shall have the following respective meanings unless a different meaning clearly appears from the context: (a) "Authority" or "Hospital Authority" shall mean any public corporation created by Section 4 of this Act. (b) "Governing Body" shall mean the elected or duly appointed officials constituting the governing body of cities, towns, municipalities or counties. (c) "Area of Operations" shall mean the area within cities, towns or municipalities creating Authorities. (d) The word "Project" shall include hospitals, sanitariums, dormitories, clinics and housing accommodations or other public buildings for the use of patients and officers and employees of any institution under the supervision and control of any Hospital Authority and all utilities and facilities deemed by the Authority necessary or convenient for the efficient operation thereof. (e) "Participating Units" or "Participating Subdivisions" shall mean cities, towns or municipalities or counties acting together for the creation of an Authority. "Resolution" shall mean the resolution or ordinance to be adopted by governing bodies pursuant to which authorities are established. JOURNAL OF THE HOUSE, Section 3 There is hereby created in and for each county and municipal corporation of the State a public body corporate and politic to be known as "The Hospital Authority" of such county or municipal corporation, which shall consist of a board of not less than five nor more than nine trustees, to be appointed by a governing body of such county or municipal corporation for such term as may be authorized by the resolution hereinafter provided for. No such authority shall transact any business or exercise any powers hereunder until the governing body of the county or municipal corporation shall, by proper resolution, declare that there is need for an Authority to function in such county or municipal corporation. Any two or more cities or counties, towns or municipalities, by a like resolution by their respective governing bodies, may authorize the exercise of the powers herein provided for by an authority with respect to which the area of operation shall be confined to such participating units. Section 4 The trustees shall be residents of the participating units comprising the authority, but their successors shall be appointed as provided for by such resolution. The trustees shall elect one of their members as chairman and another as vicechairman and shall also elect a secretary and a treasurer, who need not be a trustee. The trustees shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its government and may delegate to one or more of its members or its officers, agents and employees such powers and duties as may be deemed necessary and proper. Such authority shall have perpetual existence as hereinafter provided. Section 5 Every Authority shall be deemed to exercise public and essential governmental functions and shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing; the power: To sue and be sued; to have a seal and alter the same; to make and execute contracts and other instruments necessary to exercise the powers of the Authority; to acquire, lease and operate hospital projects and to provide construction, re-construction, improvement, alteration and repair of any such project and to lease and rent for any number of years any lands, buildings, structures or facilities in any existing or hereafter established hospital project and to establish rates and charges for the use of the services of the Authority; accept gifts, grants or devises of any property; to acquire by the exercise of the right of eminent domain any property essential to the purposes of the Authority; to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of any real or personal property or interest therein; to mortgage, pledge, assign any revenues, incomes, tolls, charges or fees received by the Authority; to issue certificates of indebtedness for the purpose of providing funds for carrying out the duties of the Authority, provided such certificates shall not extend beyond a period of thirty years from the date of issuance thereof and provided further that such certificates shall be repayable from the revenues realized from the project or any part thereof; borrow money for any corporate purposes; to appoint officers, agents and employees; to make use of any facilities afforded by the Federal Government or any agency or instrumentality thereof; and to exercise any and all powers now or hereafter possessed by private corporations performing similar functions. Section 6. No Authority shall operate or construct any project for profit, and THURSDAY, MARCH 13, 1941 1049 shall fix rates and charges consistent with this declaration of policy and such as will produce revenues only in amounts sufficient together with all other funds of the Authority to pay principal and interest on certificates and obligations of the Authority; to provide for maintenance and operation of the project and to create and maintain a reserve sufficient to meet principal and interest payments due on any certificates in any one year after the issuance thereof and to provide reasonable reserves for the expansion of the facilities or services of the Authority. Section 7 Every Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue anticipation certificates, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, repair, modernization and other charges incident thereto in connection with any facility or project as herein defined, and shall likewise have power to issue refunding certificates. Such Authorities may issue such types of certificates as may be determined by the board of trustees of such Authority, including certificates on which principal and interest are payable: (a) exclusively from incomes or revenues of the operation of the Authority financed with the proceeds of such certificates or together with such proceeds and grants from the Federal Government or any instrumentality or other person or corporation in aid of such projects; (b) exclusively from income and revenues of certain designated projects; or (c) from revenues of the Authority generally. Any such certificates may be additionally secured by the hypothecation of any revenues received from participating units or subdivisions and by mortgage of the project or any part thereof constituting real or personal property of the Authority, except as prohibited by law. Neither the trustees of an Authority nor any person executing certificates on behalf of an Authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligations of an Authority shall not be, and shall so state on the face thereof, a debt of the city, the county, the State of Georgia or any political subdivision thereof nor of any combination of subdivisions acting jointly as hereunder provided. Certificates of an Authority are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes. Section 8. Certificates of an Authority shall be authorized by its resolution and rna y be issued in one or more series and shall bear such date or dates, mature at such tirr.e or times, bear interest at such rate or rates, not exceeding four per centum (4 %) per annum, be in such denomination or denominations, be in such form, either coupon or registered,, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the trustees or officers of the Authority whose signatures appear on any certificates or coupons shall cease to be such trustees or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes. Section 9 Obligation of an Authority evidenced by certificates and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of trustees of the Authority and the Authority may in such instruments provide for the pledging of all JOURNAL OF THE HOUSE, or any part of its gross or net fees, tolls, charges, revenues and incomes and mortgaging of all or any part of its real or personal property and covenant against pledging any or all of its income, revenues, tolls, charges or fees and to further provide for the disposition of proceeds realized from the sale of any certificates and for the replacement of lost, destroyed or mutilated certificates and necessary provisions as to payment and redemption of such certificates. Undertakings of an Authority may likewise prescribe the procedure by which certificate holders may enforce rights against the Authority and provide for such rights upon breach of any covenant, condition or obligation of the Authority. Trust indentures, mortgages or deeds to secure debt executed by an Authority may provide that, in the event of default by the Authority in the payment of principal and interest on certificates or obligations or breach of any covenants, a trustee or trustees appointed under the terms of the indenture, mortgage or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manage any project mortgaged as security for the repayment of any indebtedness of the Authority and provide the terms and conditions upon which the trustees or trustee or holders of C(rtificates may enforce any right relating to such certificates. Such trust indenture, mortgages and deeds to secure debt may contain such provisions as may be deemed necessary or desirable by the Authority not inconsistent with law. Section 10. An Authority shall have no power to tax, but upon the adoption of the resolution by the governing body or bodies of participating units or subdivisions as herein provided and the execution of a contract for the use of facilities or services of the Authority by political subdivisions or participating units as hereinafter authorized, provision shall be made annually by such participating units or political subdivisions contracting with an Authority for the payment for the services or facilities of the Authority used by the participating units or subdivisions or the residents thereof out of general funds of the participating unit or subdivision or out of tax revenues realized for the purpose of providing medical care or hospitalization for the indigent sick and poor. For the purpose of providing such tax revenues there is hereby authorized to be levied an ad valorem tax not exceeding five mills exclusive of all other taxes which may be levied by counties or by cities or towns which have executed contracts with hospital authorities, from which revenues when realized there shall be appropriated annually sum sufficient to pay for the cost of the use of the service and facilities of Authorities by participating subdivisions or the residents thereof pursuant to the contract between such participating units and subdivisions and an Authority. For the purpose of using such facilities any city, town, municipality or county is hereby authorized by action of its governing body to enter into contracts with an Authority for such periods of time not exceeding thirty years as shall be necessary to provide for the continued maintenance and use of the facilities of an Authority; sums due and payable under such contract shall be determined from year to year during the period of such contract and no sums shall be paid for the services in excess of the amounts necessary to provide for the maintenance and operation of projects of Authorities and such sums as shall be necessary to provide adequate and necessary facilities for medical care and hospitalization of the indigent sick and poor, including reasonable reserves necessary for expansion and necessary for the payment of the cost of facilities of the project; the contracts herein authorized to be entered into between cities, towns, municipalities or counties or any combination thereof with Authorities may provide for the conveyance or lease of any existing hospital facilities THURSDAY, MARCH IJ, I94I or projects as herein defined to an Authority created by any such cities, towns, municipalities or counties for a nominal consideration only, provided that such conveyance shall contain a clause providing that upon dissolution of the Authority the property conveyed shall revert to the city, town, municipality or county conveying the same to the Authority and providing further that no property so conveyed may be mortgaged or in any way given as security for an indebtedness of the Authority; this limitation, however, is not to be construed as limiting the right of the Authority to pledge or hypothecate revenues which may be realized by the Authority from the operation of any property so conveyed to the Authority. Any property conveyed or leased to an Authority by cities, towns, municipalities or counties shall be operated by the Authority to which the same is conveyed together with other facilities of the Authority in accordance with and under the provisions of this Act and the resolution of the governing body or bodies of participating units. Should an Authority, acquire by purchase existing hospital facilities of political subdivisions and pay the reasonable value therefor, nothing in this Act shall be construed to prevent the hypothecation or mortgaging of such facilities as security for the repayment of any indebtedness which may be legally incurred by such Authority. Section I I. Obligations of Authorities other than certificates shall be payable from general funds of an Authority and shall at no time be a charge against any special fund allocated to the payment of certificates except upon payment of current annual maturities and reserves hereinbefore required to be created. Such obligations, except certificates, shall be payable each year. Section I 2. Certificates of an Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of I9J7, as amended, and when validated, the judgment of validation shall be final and conclusive with respect to such certificates and against the Authority issuing the same. Section IJ. By joint action of the board of trustees of an Authority and the governing bodies of participating units Authorities created under and pursuant to the terms of this Act may be dissolved, provided no such dissolution shall in any way impair the rights of third persons or the contracts of the Authority with such third persons. Disposition to be made of the property of the Authority upon dissolution shall be covered in any resolution adopted by participating units and the board of trustees of the Authority. At no time, however, shall any Authority upon dissolution convey any of its property except as may be otherwise authorized by law to any private person, individual, association or corporation. Section I4. The board of trustees of each Authority created hereunder shall file an annual report on forms prescribed by the State Auditor with the governing body or bodies of political subdivisions or participating units of the activities of the Authority for the year and shall annually consider and adopt as a part of such report a budget, which budget shall be filed with the annual report. The board of trustees may hold a public hearing on the budget and representatives of any governing body within the area of operation of the Authority or any other person having an interest in such budget shall be admitted to such hearing with the right to be heard with respect to any matter covered by the report of the board of trustees or by the budget. Section 15. In the event any clause, sentence or part of this Act be declared JOURNAL OF THE HOUSE, unconstitutional, only that part so declared shall be affected and the remainder of said Act shall continue in full force and effect. Section 16. This Act being necessary for the welfare of the citizens of the State shall be liberally construed to effect the purposes hereof and insofar as the provisions of this Act may be inconsistent with the provisions of any other law, whether by charter of any political subdivision of the State or otherwise, this Act shall be controlling. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. The previous question was ordered. The main question was ordered. The 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 ayes were 113, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By Messrs. Pickett of Pickens and Yawn of Dodge- House Bill No. 668. A bill to be entitled an Act to regulate strikes, slow downs, stoppages of work, etc., and for other purposes. The previous question was ordered. The main question was ordered. The following amendment was read and adopted: Messrs. Pickett of Pickens and Yawn of Dodge move to amend House Bill No. 668 as follows: By striking from Section 3 in the second line thereof the figure 6o and inserting in lieu thereof, the figure 30 so that such section when amended shall read: "Section 3 No labor organization and no local shall call or cause any strike, slow down or stoppage of work in this State until after a 30 days' written notice is given by the labor organization or local to the employer, stating the intention to call the said strike, slow down or stoppage of work and giving the reasons therefor." Further move to amend said House Bill No. 668 by striking from the caption of said bill the words "to prohibit the calling of strikes by labor organizations having minority representation." Further move to amend House Bill 668 by striking therefrom Section 4 in its entirety and inserting in lieu thereof a new section to read as follows: THURSDAY, MARCH 13, 1941 I053 "Section 4 Nothing in this Act shall apply to any labor organization or local in a seasonal industry such as the Ladies' Garment, Hat and Millinery and Men's Clothing Industry, nor shall any provision of this Act apply to labor unions of railroad employees operating under the National Railway Employees Act." 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. Pickett of Pickens moved the ayes and nays, and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anderson Anglin Ansley Arnall Aultman Barber Barlow Bates Bennett Blackshear Blease Bowen Boone Bradbury Branch Bridges Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Curry Dallis Davis Deal Drake Drinkard Dupree Dyal Looper Edwards Lovett Ennis, Marion Maddox Ferguson of Camden Mason Ford McClure Foster of Towns McCracken Gill Mcintosh Gillis McEntire Graham Mills Gray Mims Greene Mixon Griffin Moa~ Guerry Moore of Lumpkin Hagan Moss Harden Musgrove Hardman Pannell Hardy Parker Harrison Phillips Hartness Pickett Hatchett Pinkston Herrin Rees Hogg Reiser Holtzendorf Rich Hooks Rogers Home Rossee Inglis Rowland Ingram Sills Jackson Simmons Johnson of Chattahoochee Smiley Jones of Dodge Smith of Barrow Jones of Worth Smith of Hall Kea of Laurens Smitha Key of Jasper Southwell Lewis Strickland Livingston Swint JOURNAL OF THE HOUSE, Taft Thigpen Thompson Vickers Walker Warnock Wells of Burke Wells of Clayton Wells of Telfair Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Those voting in the negative were Messrs.: Williams of Jackson Williams of Ware Willoughby Witherington Wren Yawn Bloodworth Dorsey Elliott Etheridge Foster of Paulding Goddard Gowen Grice Harris Hicks Jones of Richmond Kendrick Lester Mankin Martin Price Roberts of Walton Roughton Suggs Tappan Turner Weaver Those not voting were Messrs.: Allison Atkinson Bentley Brinson Brooks of Mitchell Bruce Culpepper Dalton Daves Dean Dunaway Dunn Easler Ennis, J. H. Ferguson of Sumter Forrester Fowler Fuller Gaston Gavin Goolsby Grayson Gross Hand Hart Heard Howard Hunnicutt Johnson of Pike Joiner Jones of Brantley Kaigler ' Kelley Kennedy Mann Maund Mavity Maxwell McNall Miller Moore of Taliaferro Pettit Pilcher Pittman Richardson Roberts of Gwinnett Russell Sabados Shannon Sheppard Smith of Carroll Smith of Schley Smith of Washington Welsch Wohlwender Woods Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 125, the nays 22. The bill having received the requisite constitutional majority was passed, as amended. The bill was ordered immediately transmitted to the Senate. THURSDAY, MARCH 13, 1941 1055 By Messrs. Pickett of Pickens and Yawn of Dodge- House Bill No. 670. A bill to be entitled an Act to define labor organizations and locals; and for other purposes. Mr. Pickett of Pickens moved that debate on the bill be limited to JO minutes to each side, and the motion prevailed. Mr. Lovett of Laurens moved that further consideration of the bill be postponed until tomorrow. On the motion to postpone, Mr. Bradbury of Oconee moved the ayes and nays and the call was not sustained. On the motion to postpone, the ayes were 67, the nays 37 The motion prevailed. Mr. Lester of Richmond moved that the House reconsider its action m postponing House Bill No. 670, and the motion prevailed. Mr. Elliott of Muscogee moved that consideration of the bill be suspended for fifteen minutes and that the House go into Executive Session; the motion prevailed and the House went into Executive Session. The House came out of Executive Session. Further consideration of House Bill No. 670 was resumed. Mr. Grice of Bibb moved the previous question. Mr. Pickett of Pickens moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Mcintosh of Mcintosh, Greene of Jones, Gillis of Treutlen, Dyal of Appling, Holtzendorf of Ben Hill, Howard of Long, Gaston of Butts, and Maund of Talbot. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock, A.M. and House Bill No. 670 went over as unfinished business, with a motion for the previous question pending. JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Friday, March 14, 1941. 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 Mr. Jones of Richmond. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Arnall Atkinson Aultman Barber Barlow Bates Bennett Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gill Goddard Gowen Graham Gray Grayson Grice Griffin Gross Guerry Hand Hardman Hardy Harris Harrison Hartness Hatchett Herrin Hicks Hogg Holtzendorf Hooks Horne Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Richmond Jones of Worth Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason McClure McCracken McEntire Mills Mims Mixon Moate Moore of Lumpkin Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher FRIDAY, MARCH 14, 1941 1057 Pinkston Price Rees Rich Richardson Roberts of Gwinnett Roberts of Walton Rossee Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willloughby Witherington Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, 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 period of unanimous consents: 1. Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate bills and resolutions. 5 First reading and reference of Senate bills. By unanimous consent, the following bills and resolutions were introduced, read the first time and referred to the committees: By Mr. Dean of Rockdale- House Bill No. 752. A bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Rockdale; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Jackson of Henry- House Bill No. 753 A bill to be entitled an Act to amend an Act creating a 1058 JOURNAL OF THE HOUSE, Board of Commissioners of Roads and Revenues for the County of Henry; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Hunnicutt and Price of Clark- House Bill No. 754 A bill to be entitled an Act to amend an Act to establish a City Court in the County of Clarke; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Hogg of Marion- House Bill No. 755 A bill to be entitled a,n Act to amend an Act which provides for the taxation of cars operated for hire; and for other purposes. Referred to the Committee on Ways and Means. By Messrs. Maddox, Rogers and Hicks of Floyd- House Bill No. 756. A bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome; and fo~ other purposes. Referred to the Committee on Municipal Government. By ~r. Allison of Gwinnett- House Bill No. 757 A bill to be entitled an Act to provide requirements, rules and regulations in connection with solitary confinement of convicts; and for other purposes. Referred to the Committee on Penitentiary. By Messrs. Lester of Richmond and Lovett of Laurens- House Resolution No. 147-757A. A resolution providing for the appointment of a commission of five by the Governor to study County Governments in Georgia; and for other purposes. Referred to the Committee on Counties and County Matters. Mr. Lovett of Laurens 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. 698. Do pass. House Bill No. 316. Do not pass. House Bill No. 356. Do not pass. House Bill No. 419. Do not pass. FRIDAY, MARCH 14, 1941 1059 House Bill No. 429. Do not pass. House Bill No. 451. Do not pass. House Bill No. 484. Do not pass. House Bill No. 537 Do not pass. House Bill No. 540. Do not pass. House Bill No. 635. Do not pass. House Bill No. 634. Do not pass. Respectfully submitted, Lovett of Laurens, Chairman. Mr. Chastain 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. 162. Do pass. House Bill No. 683-751. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Ferguson of Camden 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 Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: Senate Bill No. 142. Do pass. Senate Bill No. 158. Do pass. Respectfully submitted, Ferguson of Camden, Chairman. Mr. Ferguson of Camden 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 1060 JOURNAL OF THE HOUSE, 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. 740. Do pass. Respectfully submitted, Ferguson of Camden, Chairman. Mr. Pannell of Murray County, Chairman of the Committee on General Judiciary No. I, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. I 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. I72 Do not pass. Minority report filed. House Bill No. 527. Do pass. House Bill No. 529. Do pass. House Bill No. 463. Do pass, as amended. Respectfully submitted, Pannell of Murray, Chairman. Mr. Dunaway 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. IJ2. Do not pass. House Bill No. 746. Do pass. House Bill No. 749 Do pass. Senate Bill No. I9I. Do pass. Senate Bill No. '86. Do pass, by substitute. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Strickland of Haralson County, Chairman of the Committee on Public Highways No. I, submitted the following report: Mr. Speaker: Your Committee on Public Highways No. I have had under consideration the FRIDAY, MARCH 14, 1941 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. 126. Do pass. Respectfully submitted, Strickland of Haralson, Chairman. Mr. Edwards of Taylor County, Chairman of the Committee on Public Highways No. 2, submitted the following report: Mr. Speaker: Your Committee on Public Highways No. 2 have had under consideration the following bill of the House and have instructed me, as Chait;.man, to report the same back to the House with the following recommendation: House Bill No. 494 Do pass. Respectfully submitted, Edwards of Taylor, Chairman. Mr. Whipple of Bleckley County, Chairman of the Committee on Temperance, submitted the following report: Mr. Speaker: Your Committee on Temperance have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 750. Do pass. House Bill No. 699. Do pass. Respectfully submitted, Whipple of Bleckley, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Couch of the 52nd District- Senate Bill No. 86. A bill to be entitled an Act to amend the Charter of the City of Atlanta; and for other purposes. By Senator Campbell of the 34th District- Senate Bill No. I 26. A bill to be entitled an Act to amend an Act relating to the Law appertaining to the State Highway Department, providing authority for the State Highway Department to curb and pave sidewalks adjacent to State Highways lying immediately outside corporate cities or towns of said State; and for other purposes. JOURNAL OF THE HOUSE, By Senators Coker of the 39th, Edenfield of the 4th, Campbell of the 34th, and Couch of the 52nd Districts- Senate Bill No. 142. A bill to be entitled an Act to provide for the sale and distribution of hunting and fishing licenses by the ordinaries of the various counties of this State; and for other purposes. By Senators Edenfield of the 4th, Guyton of the rst, and Coxon of the 2nd Districts- Senate Bill No. 158. A bill to be entitled an Act to amend the Act relating to the taxation of distributors or dealers in oysters, shrimp, prawn and crab; and for other purposes. By Senator Couch of the pnd District- Senate Bill No. 162, A bill to be entitled an Act to amend an Act to authorize the Clerk of the Superior Court or other proper officer in counties of this state having a population of 200,000 to install photostatic equipment or other photographic equipment for the purpose of recording chattel mortgages and other personal property contracts; and for other purposes. By Senator Kiker of the 41st District- Senate Bill No. 191. A bill to be entitled an Act to amend an Act to incorporate and establish the City of Ellijay; and for other purposes. By Mr. Whipple of Bleckley- House Bill No. 463. A bill to be entitled an Act to provide for exemption from jury service of all United States Postal employees; and for other purposes. By Messrs. Turner and Dunaway of DeKalb- House Bill No. 494 A bill to be entitled an Act to amend an Act relating to the Law appertaining to the State Highway Department by adding to said Chapter 95-15 a new Section providing authority for the State Highway Department to curb and pave, at its option and discretion, sidewalks adjacent to State Highways, etc.; and for other purposes. By Mr. Brooks of Mitchell- House Bill No. 527. A bill to be entitled an Act to amend an Act relating to the bonds and the amounts and conditions of bonds of Tax Collectors and Tax Commissioners in the several counties of this State; and for other purposes. By Messrs. Candler, Dunaway, and Turner of Dekalb- House Bill No. 529 A bill to be entitled an Act to amend an Act defining the offense of abandonment of child, fixing a penalty for said offense, providing that a wife be a competent witness in such cases, defining the words "dependant condition"; and for other purposes. By Messrs. Kendrick, Etheridge and Mrs. Mankin of FultonHouse Bill No. 683. A bill to be entitled an Act to create a civil service system in Fulton County; and for other purposes. FRIDAY, MARCH 14, 1941 By Messrs. Anderson of Wayne, Rowland of Johnson- House Bill No. 698. A bill to be entitled an Act to amend an Act by authoriz- ing the several counties to levy a tax each year for the conservation of natural re- sources, etc., and for other purposes. ' By Messrs. Rogers, Hicks, and Maddox of Floyd- House Bill No. 699 A bill to be entitled an Act to amend the Code of Georgia by making it a misdemeanor for any person to appear in an intoxicated condition at or in any mill, factory, manufacturing plant or other place of private business; and for other purposes. . By Mr. Willoughby of Clinch- House Bill No. 740. A bill to be entitled an Act to regulate and govern the opening and closing of seasons for the hunting of deer in Clinch County; and for other purposes. By Messrs. Parker and Roberts of Walton- House Bill No. 746. A bill to be entitled an Act to amend the Charter of the City of Social Circle; and for other purposes. By Messrs. Barber and Barlow of Colquitt- House Bill No. 749 A bill to be entitled an Act to amend an Act to presqibe the qualifications of the voters in the municipal elections in the City of Doerun; and for other purposes. By Mr. Mixon of Irwin- House Bill No. 750. A bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to legalize and Control Alcoholic beverages and Liquors"; and for other purposes. By Mr. Gowen of Glynn- House Bill No. 751. A bill to be entitled an Act to define the limits of the Port and Harbor of Brunswick; to authorize the City of Brunswick and the Commissioners of Roads and Revenue to adopt rules and regulations for the control and policing of such limits; 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. Joiner of Cook- House Bill No. 536. A bill to be entitled an Act to amend an Act entitled "Cook Tax Commissioner", by providing for an increase in the compensation of said taxcommissioner from 6o% to So% of commissions, etc.; and for other purposes. The report of the committee, which was favorable to the passage of the bill, :.vas agreed to. JOURNAL OF THE HOUSE, On the passage of the bill, the ayes were I 10, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin, Messrs. Etheridge, and Kendrick of FultonHouse Bill No. 566. A bill to be entitled an Act to amend the Charter of the City of Atlanta in reference to liability of drivers of fire apparatus; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I2, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the bill was ordered immediately transmitted to the Senate. By Mrs. Mankin, Messrs. Kendrick, and Etheridge of FultonH~use Bill No. 674. A bill to be entitled an Act to amend the Act providing for pensions for County Employees of Fulton County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I IO, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Price and Hunnicut of Clarke- House Bill No. 701. A bill to be entitled an Act to amend an Act to consolidate the Clarke County Board of Health and the Board of Health of the City of Athens; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I09, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Barber and Barlow of Colquitt- House Bill No. 703. A bill to be entitled an Act to amend the Act creating the City Court of Colquitt County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were Io8, the nays o. The bill having received the requisite constitutional majority was passed. FRIDAY, MARCH 14, 1941 By Messrs. Smith and Smitha of Carroll- House Bill No. 705. A bill to be entitled an Act to amend the Act of 1908, by increasing the Bond of the County Commissioner and Providing for Quarterly Reports of the Financial Condition of the County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Hardman of Madison- House Bill No. 710. A bill to be entitled an Act to amend an Act abolishing the office of tax-receiver and tax-collector of Madison County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitu4~nal majority was passed. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 719. A bill to be entitled an Act to create a new Charter for Andersmiville in the County of Sumter; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Hagan of ScrevenHouse Bill No. 721. A bill to be entitled an Act to fix the compensation of the County Treasurer of Screven County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage:of the bill, the ayes were 112, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Rich of Union- House Bill No. 723. A bill to be entitled an Act to repeal and supersede the several Acts incorporating the town of Blairsville; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1066 JOURNAL OF THE HOUSE, On the passage of the bill, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 728. A bill to be entitled an Act to amend an Act to abolish the office of County Treasurer of the County of DeKalb; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By~Mr. Fuller of Toombs- Hause Bill No. 730. A bill to be entitled an Act to cr~ate and incorporate the City of Pine Forest, in the County of Toombs; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Wells of Telfair- Hause Bill No. 733 A bill to be entitled an Act to amend and consolidate the several Acts incorporating the Town of Milan in the Counties of Telfair and 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Wells of Clayton- House Bill No. 735 A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenue of Clayton 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Willoughby of Clinch- House Bill No. 737 A bill to be entitled an Act to require the County Board of FRIDAY, MARCH I4, I94I Education of Clinch County to publish quarterly financial reports; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I I, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Willoughby of Clinch- House Bill No. 738. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Clinch; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Willoughby of Clinch- House Bill No. 739 A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Clinch; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were Io4, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Willoughby of Clinch- House Bill No. 741. A bill to be entitled an Act to amend an Act to establish the County Court of Clinch; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 10, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Miller of Lanier- House Bill No. 743 A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. I068 JOURNAL OF THE HOUSE, On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous.consent, the following resolution of the Senate was recommitted to the Committee on Amendments to the Constitution No. 2: By Senator Clarke of the 44th District and others- House Resolution No. 42-140C. A resolution to amend the Constitution of Georgia by providing that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against political sub-division issuing such; and for other purposes. By unanimous consent, the following resolution of the House was withdrawn from the Committee on Appropriations and recommitted to the Committee on Special Appropriations: By Mr. Wohlwender of Muscogee- House Resolution No. 12o-698B. A resolution to appropriate an amount equal to the accrued but unpaid pension of Mr. W. S. Elam to his daughter, Miss Janie Elam. Mr. Thompson of Meriwether moved that the House reconsider its action in failing to pass the following bill of the House: By Messrs. Hatchett and Thompson of Meriwether- House Bill No. 371. A bill to be entitled an Act to amend- Section p-105 of the Code of 1933 relating to liens of inn keepers, etc., so as to provide for liens for hospitals; and for other purposes. On the motion to reconsider, the ayes were 91 and the nays 17. The bill was reconsidered. The following resolution of the Senate was read and adopted: By Senators Fortson of the 5oth District and Hill of the 36th District- Senate Resolution No. 58-210. A resolution requesting the return to the Senate of House Bill No. 417, for the purpose of re-submitting a Senate amendment which was inadvertently over-looked by the Senate. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senator Campbell of the 34th District- Senate Bill No. 207. A bill to be entitled an Act incorporating the City of Cov. ington; and for other purposes. Referred to the Committee on Municipal Government. By Senator Campbell of the 34th District- FRIDAY, MARCH 14, 1941 I069 Senate Bill No. 2o6. A bill to be entitled an Act to amend the charter of the City of Covington; and for other purposes. Referred to the Committee on Municipal Government. By Senator Whaley of the 45th District- Senate Resolution No. 54-195A. A resolution providing for the issuance of Funding Bonds for the County of Irwin; and for the purpose of paying off the current warranted indebtedness of said county; and for other purposes. Referred to the Committee on Amendments to Constitution No.2. By Senator Couch of the pnd District- Senate BiJ! No. 76. A bill to be entitled an Act to amend the Code of Georgia relating to the powers of courts to place offenders on probation by further enlarging the powers of courts as to cases of abandonment or bastardy; and for other purposes. Referred to the Committee on General Judiciary No. I. By Senators Cannon of the 4oth District and Coker of the 39th District- Senate Bill No. 148. A bill to be entitled an Act to repeal an Act authorizing any fraternal benefit society in this State to issue benefit certificates to its members in accordance with its laws providing for the establishment of its membership into divisions and classes of the same age of entry; and for other purposes. Referred to the Committee on Insurance. By Senators Redwine of the 26th District and Edwards of the 6th District- Senate BiltNo. 149 A bill to be entitled an Act to amend an Act fixing the compensation of members of County Boards of Education; and for other purposes. Referred to the Committee on Education No. I. By Senators Coker of the 39th District, Almand of the 27th District, Milhollin of the 46th District; Moseley of the I 5th District, and Sumner of the Ioth District- Senate Bill No. I 52 A bill to be entitled an Act to define and provide for the abatement of certain public nuisances, to define the duties of the Solicitor General with reference to the abatement of such nuisances; and for other purposes. Referred to the Committee on Hygiene and Sanitation. By Senator Couch of the 52nd DistrictSenate Bill No. 166. A bill to be entitled an Act authorizing and empowering judges of Superior Courts to continue Grand Juries in session beyond the end of any term of court for which they originally were impanelled; and for other purposes. Referred to the Committee on Special Judiciary. By Senator Redwine of the 26th District- Senate Bill No. 178. A bill to be entitled an Act to restrict and limit the juris- JOURNAL OF THE HOUSE, diction of the State Board of Tax Appeals created and provided for by Chapter 3 of the Act reorganizing and administration of the revenue laws of Georgia; and for other purposes. Referred to the Committee on State of Republic. By Senator Dorsey of the 32nd District- Senate Bill No. 181. A bill to be entitled an Act to create the City Court in the County of White; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Whaley of the 45th District- Senate Bill No. 196. A bill to be entitled an Act to amend an Att so as to empower the City of McRae to pave, macadamize, etc., streets, sidewalks, footways, roads, etc., within the corporate limits of the City of McRae; and for other purposes. Referred to the Committee on Municipal Government. By Senator Couch of the pnd District- Senate Bill No. 189. A bill to be entitled an Act to amend an Act providing that counties having a population of more than 2oo,ooo shall furnish aid, relief and pensions to regular members of the county police departments; and for other purposes. Referred to the Committee on Counties and County Matters. The following report of the Committee on State Sanitarium was submitted and read: Mr. Speaker: March 12, 1941. Your Committee on the Georgia State Sanitarium, which recently visited the State Sanitarium at Milledgeville pursuant to a resolution of this House, begs to make the following report. Your committee found your State Sanitarium to be well operated under the capable direction of Dr. John Oden and his excellent staff. The new buildings that have been constructed by the State Hospital Authority are edifices of which the State may well be proud and which have been needed for many years. Most of the funds used in this program were provided by the Federal Government. The vast majority of the funds was in the form of grants and aid from the Government and will not have to be repaid. However, there is approximately two and one-quarter million dollars that will have to be repaid to the Reconstruction Finance Corporation over a period of years, at a low rate of interest. While we are proud of this accomplishment in rebuilding this institution, we desire to call to the attention of the House that there is a dire need for additional buildings. In the negro quarter the inmates have to sleep upon the floor and the con- FRIDAY, MARCH I4, I94I dition of the building was in sharp contrast to that presented by the new ones. We desire to thank Dr. Oden and his staff for the courtesies extended to our Committee while we were at the Sanitarium. Respectfully submitted, W. A. Walker, Chairman. Chas. L. Gowen, Secretary. The following report of the Committee on Rules was submitted and read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your committee on Rules having had under consideration the matter of fixing a calendar for Friday, March I4, I94I, submits the following report: Your committee recommends that the following bills be set as a special and con- tinuing order of business for said date: I. House Bill No. 670. Labor bill. 2. House Bill No. 345 Amend the charter of Georgia Railroad. 3 House Bill No. 351. Taxation of property of Georgia Railway. 4 House Bill No. 304. Changing date of State holiday. 5 House Resolution No. 32-I37 Authorizing 12,500 to Robert Coleman. 6. House Bill No. 528. Authorizing Quitman County to issue funding bonds. 7 House Bill No. 6I3. Lease land to U.S. A. for national defense. 8. House Bill No. 4I 1. Permit highway department to build aviati~n fields. 9 House Bill No. 392. School transportation. IO. House Bill No. I 55 Placing fishing licenses in the county. I 1. House Bill No. 59 Insurance. I2. House Bill No. 282. Trackless trolleys. I3. House Bill No. 2I4 Authorizing grand juries to employ certified public accountants. I4. House Bill No. I92. Provide certain exemptions under income tax laws. I5. House Bill No. 543 Restoring title to personal property in heirs of dedeceased. I6. House Bill No. 492. State standards of weights and measures. I7. House Bill No. I46. Protection office holders if drafted. JOURNAL OF THE HOUSE, 18. House Bill No. 207. Keeping records in connection with sale of livestock and meat. 19. House Resolution No. 89-51 I. Widows of Confederate soldiers. 20. House Resolution No. 57-307. DeSoto trail. 21. Senate Bill No. 44 Amending Georgia unemployment act. 22. Senate Bill No. 439 Defining residence for income tax. The committee requests all members to remain for the Session throughout the day in order that all bills on the calendar may be disposed of. Randall Evans, Jr., Chairman. Drinkard of Lincoln, Secretary. The following message was received from the Senate through Mr. Camp, 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 Senator Guyton of the Ist District- Senate Bill No. 173 A bill to provide for the identification of the voters in all primary elections and elections by ballot within this State; and for other purposes. By Senator Dorsey of the 32nd District- Senate Bill No. 201. A bill to create a Board of Commissioners of Roads and Revenue for White County; and for other purposes. By Senator Couch of the 52nd District- Senate Bill No. 205. A bill to provide for the recall of County Commissioners in Georgia in counties having a population of 200,000 or more by the last or any future census of the United States; to provide for recall elections; to provide funds for the same; and for other purposes. By Mr. Phillips of ColumbiaHouse Bill No. 565. A bill to amend an Act to create a Board of Commission- ers of Roads and Revenues for the County of Columbia; and for other purposes. House Bill No. 597 A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Johnson; and for other purposes. Under the order of business established by the Committee on Rules, the following bill of the House was again taken up for consideration: By Messrs. Pickett of Pickens and Yawn of DodgeHouse Bill No. 670. A bill to be entitled an Act to define labor organizations FRIDAY, MARCH 14, 1941 1073 and locals; to provide for the incorporation of certain locals; to fix maximum fees and to prohibit assessments; and for other purposes. Mr. Kea of Laurens moved that further debate on the bill be limited to five minutes for each speaker, and the motion was lost. Mr. Lester of Richmond moved the previous question, the call was sustained and the main question ordered. The following amendments to House Bill No. 670 were read and adopted: Messrs. Pickett of Pickens and Yawn of Dodge move to amend House Bill No. 670 as follows: By adding thereto a new Section to be known as Section 8 and to read as follows: "Section 8. Nothing in this Act shall apply to labor unions of railway employees operating under the National Railway Employees Act. Nor shall any provision of this Act apply to any labor organization or local in a seasonal industry such as the Ladies Garment, Hat and Millinery and Men's Clothing Industry." Further move to amend said Act by changing the Section which is now numbered 8 to be numbered 9, changing the Section which is now numbered 9 to be numbered 10, and changing the Section which is now numbered Io to be numbered I I. Messrs. Pickett of Pickens and Yawn of Dodge move to amend House Bill No. 670 as follows: Amend Section 3 by striking the figures $I,ooo.oo and inserting in lieu thereof the figures $500.00. When amended said Section shall read as follows: Section 3 All locals doing business or collecting dues or assessments in this State must be incorporated with a capital stock of not less than $2,500.00, of which $500.00 must be paid in before commencing business. Each local must file with the Commissioner of Labor a certified copy of its charter and by-laws, a certificate of its paid in capital, a list of its officers and directors, a complete record of all its receipts and all its disbursements and a balance sheet; and all financial records shall be filed semi-annually, on July Ist and January Ist of each year; all such records shall be open to public inspection; and it shall be the duty of the Commissioner of Labor to make a semi-annual audit, as of July Ist and January Ist of each year, of the books and records of such locals. All of said records shall be retained by the locals for a period of not less than 4 years, and by the Commissioner of Labor for a period of not less than 10 years. Messrs. Pickett of Pickens and Yawn of Dodge move to amend House Bill No. 670 as follows: By striking therefrom Section 4 in its entirety and inserting in lieu thereof a new section to read as follows: "Section 4 No local shall charge a total gross initiation fee in excess of $2~ or a monthly fee in excess of $4." - 1074 JOURNAL OF THE HOUSE, The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, Mr. Pickett of Pickens moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were' Messrs.: Adams Anglin Arnall Barber Barlow Bennett Blease Boone Bradbury Brooks of Oglethorpe Caldwell Callaway Chastain Clements Curry Dallis Dalton Dean Drinkard Dupree Easler Edwards Ferguson of Camden Ford Foster of Towns Pettit Gill Pickett Gray Pinkston Griffin Rowland Hardman Russell Hardy Sheppard Harrison Smith of Schley Herrin Smitha Hogg Southwell Hooks Taft Home Thigpen Jackson Vickers Johnson of Chattahoochee Walker Johnson of Pike Warnock Jones of Worth Wells of Burke Kea of Laurens Wells of Telfair Kennedy Whipple Looper Wilbanks Lovett Williams of Harris Mills Witherington Moore of Lumpkin Woods Moss Wren Pannell Wright Parker Yawn Those voting in the negative were Messrs.: Aiken Allison Atkinson Aultman Bates Blackshear Bloodworth Branch Brooks of Mitchell Bynum Campbell Candler Connell Cowart Davis Deal Dorsey Drake Elliott Ennis, J. H. Ennis, Marion Etheridge Forrester Foster of Paulding Fuller Gaston Goddard Gowen Graham Grayson Grice Gross Guerry Harris Hartness Hatchett Hicks Holtzendorf Hunnicutt FRIDAY, MARCH 14, 1941 1075 Ingram Joiner Jones of Brantley Jones of Richmond Kelley Kendrick Key of Jasper Lester Lewis Maddox Mankin Mann Martin Mason McClure McCracken McEntire Mims Mixon Musgrove Phillips Pilcher Price Rees Richardson Roberts of Gwinnett Roberts of Walton Rossee Roughton Sabados Shannon Simmons Smiley Smith of Barrow Smith of Hall Smith of Washington Suggs Swint Tappan Thompson Turner Weaver Wetherbee Williams of Bacon Williams of Jackson Williams of Ware Willoughby Those not voting were Messrs.: Anderson Ansley Bentley Bowen Bridges Brinson Bruce Culpepper Daves Dunaway Dunn Dyal Ferguson of Sumter Fowler Gavin Gillis Goolsby Greene Hagan Hand Harden Hart Heard Howard Inglis Jones of Dodge Kaigler Livingston Maund Mavity Maxwell Mcintosh McNall Miller Moate Moore of Taliaferro Pittman Reiser Rich Rogers Sills Smith of Carroll Strickland Wells of Clayton Welsch Wohlwender On the passage of the bill, as amended, the ayes were 72, the nays 86. The bill having failed to receive the requisite constitutional majority was lost. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Mr. Smith of Barrow- House Bill No. 267. A bill to be entitled an Act to repeal an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow", and to enact in lieu thereof an Act to create a new Board of Commissioners; and for other purposes. The following amendment to House Bill No. 267 was read: JOURNAL OF THE HOUSE, The Senate amends House Bill No. 267 by adding a new section to be appropriately numbered to precede immediately the repealing clause reading as follows: "Section No. 22A. Be it further enacted that this Act shall not go into effect until July I, I94I and then only after the same has been submitted to the qualified voters of Barrow County, Georgia, at the general election to be held in June, I941. On the date of said election the Ordinary of Barrow County shall furnish to said qualified voters of Barrow County the question of "For Ratification" or "Against Ratification" of this Act by printed ballots to be appropriately worded for the purpose of such submission. Should a majority of those voting in said election vote For Ratification then this Act shall take effect on July I, I94I, but if a majority of those voting in said election on this proposal vote Against Ratification then this Act shall be of no force or effect. The returns of said election shall be made by the managers after consolidation to the Ordinary of Barrow County who shall declare the results and enter same on the minutes of the Court of Ordinary of Barrow County." Mr. Smith of Barrow moved that the House disagree to the Senate amendment and the motion prevailed. Mr. Smith of Barrow moved that a Committee of Conference be appointed by the Speaker of the House to confer with a like Committee to be appointed by the President of the Senate on House Bill No. 267, and the motion prevailed. The Speaker appointed as a Committee of Conference on House Bill No. 267 the following members of the House, to-wit: Messrs. Hogg of Marion. Roberts of Walton, and Smith of Barrow. Under the order of business established by the Committee on Rules, the following bills of the House were taken up for the purpose of considering the unfavorable report of the Committee on Amendments to the Constitution No. 2: By Messrs. Mason of Morgan, Moate of Hancock, Brinson of Chattooga, Callaway of Newton, Whipple of Bleckley, and Mankin of Fulton- House Bill No. 345 A bill to be entitled "an Act to amend the Charter of the Georgia Railroad and Banking Company by striking and repealing all exemptions from taxation or limitations .upon the amount of taxes to be levied and collected; and for other purposes. Mr. Mason of Morgan moved that the House disagree to the unfavorable report of the committee. By viva voce vote the unfavorable report of the committee was disagreed to, and House Bill No. 345 was read the second time. By Messrs. Mason of Morgan, Moate of Hancock, Brinson of Chattooga, Whipple of Bleckley, and Mrs. Mankin of Fulton- FRIDAY, MARCH I4, I94I House Bill No. 351. A resolution proposing an amendment to the Constitution of Georgia so as to permit taxation of the Georgia Railroad and Banking Company or any other corporation; and for other purposes. Mr. Mason of Morgan moved that the House disagree to the unfavorable report of the committee. On the motion to disagree, the ayes were 74, the nays 29. The unfavorablt; report of the committee was disagreed to, and House Bill No. 35 I was read the second time. Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time. By Mrs. Guerry of Macon- House Bill No. 304. A bill to be entitled an Act to amend the Act providing for certain holidays, so as to change Arbor and Bird Day from first Friday in December to the third Friday in February; and for other purposes. By unanimous consent, the House took a recess for one hour. I :30 o'clock P. M. The Speaker called the House to order. Further consideration of House Bill No. 304 was resumed. Mr. Campbell of Polk moved the previous question, the call was sustained and the main question ordered. The report of the committee which was favorable to the passage of the bill, was agreed to. On the passage of the bill, Mrs. Guerry of Macon moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Anglin Arnall Atkinson Aultman Barlow Bates Bennett Bentley Blease Bloodworth Boone Bradbury Brinson Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Connell Dallis Daves Davis Dean Dorsey Drake Easler Elliott Ennis, Marion Etheridge Ferguson of Camden Foster of Paulding Foster of Towns Gaston Goddard JOURNAL OF THE HOUSE, Gowen Livingston Gray Lovett Greene Maddox Grice Mankin Griffin Mann Guerry Mason Hagan McClure Harden McCracken Hardy McEntire Harris Mills Harrison Mims Hatchett Mixon Herrin Moore of Taliaferro Holtzendorf Musgrove Home Pannell Inglis Pickett Ingram Pilcher Jackson Pinkston Johnson of Chattahoochee Roberts of Gwinnett Johnson of Pike Roberts of Walton Jones of Brantley Rogers Jones of Richmond Roughton Kea of Laurens Rowland Kendrick Russell Kennedy Sabados Key of Jasper Shannon Lester Sills Those not voting were Messrs.: Adams Allison Anderson Ansley Barber Blackshear Bowen Branch Bridges Brooks of Mitchell Bruce Callaway Clements Cowart Culpepper Curry Dalton Deal Drinkard Dunaway Dunn Dupree Dyal Edwards Ennis, J. H. Ferguson of Sumter Ford Forrester Fowler Fuller Gavin Gill Gillis Goolsby Graham Grayson Gross Hand Simmons Smiley Smith of Barrow Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Welsch Wetherbee Whipple Williams of Harris Williams of Ware Woods Wren Wright Hardman Hart Hartness Heard Hicks Hogg Hooks Howard Hunnicutt Joiner Jones of Dodge Jones of Worth Kaigler Kelley Lewis Looper Martin Maund Mavity FRIDAY, MARCH 14, 1941 1079 Maxwell Mcintosh McNall Miller Moate Moore of Lumpkin Moss Parker Pettit Phillips Pittman Price Rees Reiser Rich Richardson Rossee Sheppard Smith of Carroll Smith of Hall Smith of Schley Vickers Wells of Telfair Wilbanks Williams of Bacon Williams of Jackson Willoughby Witherington Wohlwender Yawn By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 117, the nays o. The bill having received the requisite constitutional majority was passed. The following report of the Committee on Rules was submitted and read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your Committee on Rules having had under consideration the matter of fixing a calendar for Friday afternoon, March 14, 1941, submits the following report: Your Committee recommends that the following bills be set as a special and continuing order of business for said date: No. 304-Changing date of State Holiday. 10 General Bills with local application. No. 214-Authorizing Grand Juries to employ public accountants. 10 General Bills with local application. No. 282-Trackless Trolleys. 10 General Bills with local application. No. ISS-Placing Fishing Licenses in counties. 10 General Bills with local application. No. 192-Providing certain exemptions under Income Tax Law. No. 463-Exemption U.S. Postal employees from jury service. No. 613-Lease Land to U.S. for National Defense. Respectfully submitted, Evans of McDuffie, Chairman. ,. Under the order of business established by the Committee on Rules, the follow- 1080 JOURNAL OF THE HOUSE, ing General Bills and Resolutions with local application were taken up for consideration and read the third time. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 663. A bill to be entitled an Act to empower counties having a certain population to lay and install water sewers and mains; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Pettit and Martin of Bartow- House Resolution No. 132-742C. A resolution to relieve W. A. Jones, A. P. Reynolds and C. R. Wilbanks as sureties on the bond of D. F. Wilbanks; 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 o. The resolution having received the requisite constitutional majority was adopted. By Messrs. Davis and Arnall of CowetaHouse Bill No. 712. A bill to be entitled an Act to amend the Highway Mileage Act by adding additional mileage to the State Aid System of roads; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I05, the nays o. The bill having received the requisite constitutional majority was passed. Under the order of business established by the Committee on Rules, the following bill of the House was again taken up for consideration: By Messrs. Vickers of Coffee and Taft of AtkinsonHouse Bill No. 91. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. Under the order of business established by the Committee on Rules, the follow- FRIDAY, MARCH 14, 1941 1081 ing General Bills with Local Application were taken up for consideration and read the third time: By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 661. A bill to be entitled an Act to empower all counties having a certain population to establish a pension system for employees; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 697. A bill to be entitled an Act to amend an Act defining and limiting certain duties required of tax receivers 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 662. A bill to be entitled an Act to provide for the appointment by the ordinaries in counties of a certain population of the county surveyor for an unexpired term; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. Under the order of business established by the Committee on Rules, the following bill of the House was again taken up for consideration: By Mr. Vickers of Coffee- House Bill No. 92. A bill to be entitled an Act to amend the Highway Mileage Act by adding a certain road to the State Aid System; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 1 10, the nays o. The bill having received the requisite constitutional majority was passed. I082 JOURNAL OF THE HOUSE, Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time: By Mr. Dunaway of DeKalb and Messrs. Grice, and Bloodworth of Bibb- House Bill No. 605. A bill to be entitled an Act regarding the handing out of cards at election places in counties of this state having a certain population; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the pa~sage of the bill, the ayes were I I I, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Elliott and Wohlwender of Muscogee--o- House Bill No. 656. A bill to be entitled an Act to authorize the Commissioners of Roads and Revenues in counties having a certain population to adopt and enforce building regulations; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I2, the nays o. The bill having received the requisite constitutional majority was passed. Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time: By Messrs. Kea and Lovett of Laurens, Rowland of Johnson and Atkinson of Chatham- House Bill No. 214. A bill to be entitled an Act to amend an Act so as to empower the Grand Juries to employ a Certified Public Accountant; and for other purposes. Mr. Jones of Richmond moved the previous question, the call was sustained and the main question ordered. The following amendments to House Bill No. 2I4 were read and adopted: Mr. Gowen of Glynn moves to amend House Bill No. 2I4 as follows: By adding at the end of Section I the following: "This section shall not apply to those counties in this State having a semi-annual auditing of the books and accounts of the County officers by Certified public accountants." Mr. Caldwell of Troup moves to amend the Gowen amendment to House Bill No. 2I4 as follows: Strike "semi-annual'' and insert "annual." Mr. Barlow of Colquitt moves to amend House BiH No. 2I4, by adding a new FRIDAY, MARCH 14, 1941 paragraph to be appropriately numbered and to read as follows: "Provided that not more than one such audit shall be made in any calendar year under the provisions of this bill." Messrs. Lester, Jones and Harris of Richmond, Bloodworth, Weaver, and Grice of Bibb, Candler, Turner and Dunaway of DeKalb move to amend House Bill No. 214 by adding thereto a new section to be known as Section I(a) to read as follows: "1 (a). Nothing herein contained shall apply to any county having by the U.S. Census of 1940 or any future census of the United States a population of 8o,ooo or more inhabitants." Mr. Elliott of Muscogee moves to amend the Harris amendment by substituting the figure 75,000 for the figure 8o,ooo where the same appears in said amendment. Messrs. Bloodworth and Grice of Bibb move to amend House Bill No. 214 by adding a new section to be appropriately numbered: "The provisions of this Act shall also extend to any situation when there is pendiqg in any court of any county an indictment for embezzlement or any other misuse of public or private funds." 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. Kea of Laurens moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Allison Anglin Arnall Aultman Barber Barlow Bates Bennett Bentley Blease Bloodworth Boone Bradbury Branch Bynum Caldwell Callaway Candler Chastain Clements Connell Curry Dallis Dalton Daves Davis Dean Dorsey Dunaway Dupree Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Foster of Paulding Foster of Towns Gaston Goddard Gowen Gray Greene Grice Griffin Guerry Hagan Harden Hardy Harris Harrison Hartness Hatchett Herrin JOURNAL OF THE HOUSE, Hogg Moate Horne Musgrove Ingram Pannell Jackson Parker Johnson of Chattahoochee Pickett Johnson of Pike Pinkston Joiner Rees Jones of Richmond Roberts of Gwinnett Kea of Laurens Roberts of Walton Kendrick Rogers Key of Jasper Rossee Lester Roughton Lovett Rowland Maddox Sheppard Mankin Sills Mann Simmons Martin Smiley Mason Smith of Barrow McClure Smith of Hall McEntire Smith of Schley Mills Southwell Mixon Strickland Those voting in the negative were Messrs.: Drake Moore of Taliaferro Those not voting were Messrs.: Adams Anderson Ansley Atkinson Blackshear Bowen Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Campbell Cowart Culpepper Deal Drinkard Dunn Dyal Ford Forrester Fowler Fuller Gavin Gill Gillis Goolsby Graham Grayson Gross Hand Hardman Hart Heard Hicks Holtzendorf Hooks Howard Hunnicutt Inglis Jones of Brantley Jones of Dodge Jones of Worth Suggs Swint Tappan Thigpen Thompson Turner Walker Warnock Weaver Wells of Burke Wells of Clayton Welsch Wetherbee Whipple Wilbanks Williams of Harris Williams of Jackson Williams of Ware Willoughby Woods Wren Yawn Sabados Kaigler Kelley Kennedy Lewis Livingston Looper Maund Mavity Maxwell McCracken Mcintosh McNall Miller Mims Moore of Lumpkin Moss Pettit Phillips Pilcher Pittman Price FRIDAY, MARCH 14, 1941 Reiser Rich Richardson Russell Shannon Smith of Carroll Smith of Washington Smitha Taft Vickers Wells of Telfair Williams of Bacon Witherington Wohlwender Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 123, the nays 3 The bill having received the requisite constitutional majority was passed, as amended. Under the order of business established by the Committee on Rules, the following General Bills with local application were taken up for consideration and read the third time: By Messrs. Bates and Williams of Ware, Bowen of Pierce, Southwell of Charlton, and Jones of Brantley- Hause Bill No. 599 A bill to be entitled an Act to abolish the fee system now existing in the Superior Courts of the Waycross Judicial Circuit; and for other purposes. The following amendment to House Bill No. 599 was read and adopted: The committee moves to amend House Bill No. 599 by amending the caption of said Act by adding between the word "reporter" and the word "and" in the fourteenth line the following: "to provide that this Act shall not apply to the County of Bacon." To amend Section 2 of said Act by striking the words and figures three thousand (J,ooo) in lines two and three of said Section and substituting in lieu thereof the following words and figures: "two thousand seven hundred and three dollars ($2,70J.oo)". That a new Section be added to said Act to be known as Section 3(a) and to provide as follows: "None of the provisions of this Act shall apply to Bacon County." "It is further provided that the fee system existing in the Superior Courts of the Waycross Judicial Circuit as applied to the office of the official Court Reporter, and the schedule of fees and compensation prescribed under existing laws, shall remain the same with respect to Bacon County." The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. On the passage of the bill, as amended, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed, as amended. 1086 JOURNAL OF THE HOUSE,_ By Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 554 A Bill to be entitled an Act to amend an Act so as to permit -counties in this state with a population of 200,000 or more to establish and maintain law libraries; and for other purposes. The report 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 o. The bill having received the requiSite constitutional majority was passed. By Messrs. Parker and Roberts of Walton- -House Bill No. 579 A bill to be entitled an Act to amend an Act relating to the tax commissioner in counties of this state having a certain population; and for other purposes. The report of the committee, which was favorable to the passage of the bill was agreed to. ' On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passedc By Messrs. Aiken and Deal of Bulloch- Hause Bill No. 568. A bill to be entitled an Act to amend an Act to require candidates for the Gep.eral Assembly in certain counties in this State to designate and name the seat in the General Assembly for which they are candidates; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 66o. A bill to be entitled an Act to confer the right of eminent domain for the purpose of laying water mains in certain counties 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 107, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Aiken and Deal of Bulloch, and Sills of Candler- House Bill No. 559 A bill to be entitled an Act to amend an Act so as to allow the City of Metter to add additional highway mileage; and for other purposes. FRIDAY, MARCH I4, I94I The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were Io8, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Easler of Crawford- House Bill No. 572. A bill to be entitled an Act to authorize certain counties to pay the sheriffs additional compensation; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I09, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Dupree of Pulaski- House Bill No. 583. A bill to be entitled an Act to authorize the Clerks of Superior Courts in certain counties to make official bonds; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I Io, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Hogg of Marion- House Bill No. 677. A bill to be entitled an Act to change from the fee system, in certain counties, to the salary system for Clerks of the Superior Court, Ordinaries, Sheriffs; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I I, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Jones and Yawn of DodgeHouse Bill No. 587. A bill to be entitled an Act to amend an Act providing by whom and how the official organ shall be selected in certain counties; arid for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I 2, the nays o. The bill having received the requisite constitutional majority was passed. I088 JOURNAL OF THE HOUSE, The following resolutions of the House were read and adopted: By Mr. Roughton of Washington- House Resolution No. 148. A resolution expressing appreciation of the House to Hon. Ralph McGill for his fair treatment to the House of Representatives. By Messrs. Sabados of Dougherty and many others- House Resolution No. 149 A resolution memorializing Congress to enact a pension plan for the farmers; and for other purposes. By Mr. Allison of Gwinnett- House Resolution No. I 50. A resolution extending the time for the report of the Committee to Investigate the Alleged Cruelty to a Colored Prisoner in a State Highway Public Works Camp; and for other purposes. The following resolution of the House was read: By Mr. Brinson of Chattooga- House Resolution No. 151. A resolution to memorialize Congress to reenact the Eighteenth Amendment to the Constitution of the United States; and for other purposes. Mr. Gowen of Glynn moved that the House do now adjourn until Monday morning at 10:00 o'clock, and the motion prevailed. Leave of absence was granted Mr. Lewis of Burke- The Speaker announced the House adjourned until Monday morning at 10:00 o'clock, and House Resolution No. 151 went over as unfinished business. MONDAY, MARCH 17, 1941 1089 Representative Hall, Atlanta, Georgia. Monday, March 17, 1941. 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 ai\d the following members answered to their names: Adams Aiken Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brooks of Mitchell Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Curry Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dyal Edwards Elliott Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Greene Grice Griffin Gross Guerry Hagan Hand Harden Hardman Hardy Harris Harrison Hartness Hatchett Heard Herrin Hicks Hogg Holtzendorf Home Hunnicutt Inglis Ingram .Johnson of Pike .Joiner .Jones of Brantley .Jones of Richmond .Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of .Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Mason Maund Mavity McClure Mcintosh McEntire Mills Mims Mixon Moate Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips 1090 JOURNAL OF THE HOUSE, Pickett Pilcher Pinkston Pittman Price Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple \filbanks Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Gray of Houston, Chairman of the Committee on Journals, rep.orted 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 period of unanimous consents: 3 Introduction of bills and resolutions under the rules of the House. 2. Reports of Standing Committees. 3 Second reading of bills and resolutions favorably reported. 4 Third reading and passage of local uncontested House and Senate Bills and Resolutions. 5 First reading and reference of Senate Bills. By unanimous consent, the following bills and resolutions were introduced, read the first time and referred to the committees: By Mr. Rees of Webster- House Resolution No. 152. A resolution to provide for grand jury investigations of alleged violations of the criminal laws of this State relating to the affairs of the State Government, and especially the criminal laws relating to the State Government purchases. Referred to the Committee on Public Welfare. MONDAY, MARCH 17, 1941 By Mr. Yawn of Dodge- House Bill No. 758. A bill to be entitled an Act to amend an Act creating the City Charter of the City of Eastman; and for other purposes. Referred to the Committee on Municipal Government. By Mr. Heard of Elbert- House Bill No. 759 A bill to be entitled an Act to require the payment of fees of clerks and sheriffs of the Superior Court in Divorce cases in Elbert County; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Dunaway and Candler of DeKalb- House Bill No. 760. A bill to be entitled an Act to fix the date of General Primary elections in DeKalb County; and for other purposes. Referred to the Committee on Counties and County Matters. ,By Mr. Harrison of Jenkins- House Bill No. 761. A bill to be entitled an Act to amend an Act to create a new Charter for the City of Millen; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Price and Hunnicutt of Clarke- House Bill No. 762. A bill to be entitled an Act to authorize any and all eleemosynary or religious corporations heretofore created or hereafter chartered in Georgia, by virtue of their existence, for the propagation of the Gospel to exercise and carry on certain powers and functions; and for other purposes. Referred to the Committee on General Judiciary No. I. By Messrs. McNall, Grayson, and Atkinson of Chatham- House Bill No. 763. A bill to be entitled an Act to amend the Highway Mileage Act to provide additional mileage on a new road to be constructed across the Savannah River in Chatham County; and for other purposes. Referred to the Committee on Public Highways No. 2. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 764. A bill to be entitled an Act to amend an Act concerning powers of commissioners of Roads and Revenues of any county having a population of 2oo,ooo or more; and for other purposes. Referred to the Committee on Counties and County Matters. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Bill No. 765. A bill to be entitled an Act to amend an Act establishing JOURNAL OF THE HOUSE, a new Charter for the City of Atlanta; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of FultonHouse Bill No. 766. A bill to be entitled an Act to define the word "fireworks" as applied in counties of 200,000 or more; and for other purposes. Referred to the Committee on Counties and County Matters. By Mr. Kendrick of FultonHouse Bill No. 767. A bill to be entitled an Act to amend the Pension Act of the City of Atlanta; and for other purposes. Referred to the Committee on Municipal Government. By Messrs. Smitha and Smith of CarrollHouse Bill No. 768. A bill to be entitled an Act to amend an Act creating the City Court of Carrollton; and for other purposes. Referred to the Committee on Counties and County Matters, By Mr. Lovett of LaurensHouse Bill No. 769. A bill to be entitled an Act to declare valid and legal the establishment and organization of housing authorities, all bonds, notes, contracts, agreements, obligations and undertakings of such housing authorities; and for other purposes. Referred to the Committee on State of Republic. By Messrs. Maddox, Hicks, and Rogers of FloydHouse Bill No. 770. A bill to be entitled an Act to amend an Act creating a new Charter a~d municipal government for the City of Rome; and for other purposes. Referred to the Committee on Municipal Government. Mr. Dorsey 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 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. 42-140C. Do pass, by substitute. Respectfully submitted, Dorsey of Cobb, Chairman. MONDAY, MARCH 17, 1941 1093 Mr. Bates of Ware County, Vice-Chairman of the Committee on Conservation, submitted the following report: Mr. Speaker: Your Committee on Conservation have had under consideration the following hill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 594 Do pass. Respectfully submitted, Bates of Ware, Vice-Chairman. Mr. Connell of Lowndes 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. 643 Do pass. Respectfully submitted, Connell of Lowndes, Chairman. Mr. Chastain 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. 753 Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Chastain 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. 752. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. 1094 JOURNAL OF THE HOUSE, Mr. Chastain 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 and resolutions of the House and have instructed me, as Chairman, to report the same back to the House with the followmg recommendations: House Bill No. 747 Do pass. House Bill No. 732. Do pass. House Bill No. 754 Do pass. House Bill No. 742. Do pass. House ResolutiOn No. 147-745A. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Turner of DeKalb County, Chairman of the Committee on Industrial Relations, submitted the following report: Mr. Speaker: Your Committee on Industrial Relations have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 366. Do pass. Respectfully submitted, Turner of DeKalb, Chairman. Mrs. Mankm of Fulton County, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker: Your Committee on Insurance has had under consideration the following b!ll ot the Senate and has instructed me, as Chairman, to report the same back to the House with the followmg recommendation: Senate Bill No. 148. Do pass. Respectfully submitted, Mrs. Mankin of Fulton, Chairman. Mr. Dunaway of DeKalb County, Chairman of the Committee on Municipal Government, submitted the followmg report: MONDAY, MARCH 17, 1941 1095 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 re- port the same back to the House with the following recommendations: House Bill No. 756. Do pass. Senate Bill No. 190. Do pass. Senate Bill No. 196. Do pass. Senate Bill No. 206. Do pass. Senate Bill No. 207. Do pass. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Blease of Brooks 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. 694 Do pass. House Bill No. 240. Do not pass. House Bill No. 757 Do pass, by committee substitute. Respectfully submitted, Blease of Brooks, Chairman. Mr. Welsch of Cobb County, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker: Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: House Bill No. 6p. Do not pass. Senate Bill No. 134 Do pass, by Committee Substitute. Respectfully submitted, Welsch of Cobb, Chairman. JOURNAL OF THE HOUSE, Mr. Lovett of Laurens 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 fol~ow 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. 755 Do pass. Respectfully submitted, Lovett of Laurens, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Lanier of the 18th District- Senate Bill No. 134 A bill to be entitled an Act to amend the Act relating to the filing of annual returns by administrators and executors; to provide for the time of filing of such returns; and for other purposes. By Senators Clark of the 44th, Fortson of the 5oth, H1Il of the 36th, Bradley of the 13th, and Edenfield of the 4th Districts- Senate Resolution No. 42-140C. A resolution proposing an amendment to the Constitution of Georgia by providing that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political sub-division issuing such obligations; and for other purposes. By Senator Coker of the 39th District- Senate Bill No. 148. A bill to be entitled an Act to repeal Sections 3 and 4 of an Act authorizing any fraternal benefit society in this State to issue benefit certificates to its members in accordance with its laws providing for the establishment of its membership into divisions and classes of the same age of entry; and for other purposes. By Senator Kiker of the 41st District- Senate Bill No. 190. A bill to be entitled an Act to incorporate and establish the City of East Ellijay; and for other purposes. By Senator Whaley of the 45th District- Senate Bill No. 196. A bill to be entitled an Act to amend an Act so as to empower the City of McRae to pave, macadamize, etc., streets, sidewalks, footways, roads, etc., within the corporate limits of the City of McRae; and for other purposes. By Senator Campbell of the 34th District- Senate Bill No. 2o6. A bill to be entitled an Act to amend the Charter of the City of Covington; and for other purposes. MONDAY, MARCH 17, 1941 1097 By Senator Campbell of the 34th Distr;ct- Senate Bill No. 207. A bill to be entitled an Act to amend an Act incorporating the City of Covington; and for other purposes. By Messrs. Hicks of Floyd, Roughton of Washington- House Bill No. 366. A bill to be entitled an Act to amend an Act to provide for the establishment of a Department of Labor; and for other purposes. By Mr. Anderson of Wayne- House Bill No. 594 A bill to be entitled an Act to make it illegal to cut pine trees of a diameter less than nine inches measured at a height of four feet above the ground; and for other purposes. By Mr. Blackshear of Hall- House Bill No. 643. A bill to be entitled an Act to amend an Act which provides for the nature of the firm name under which a limited partnership business shall be conducted; and for other purposes. By Mr. Smith of Barrow- House Bill No. 694 A bill to be entitled an Act to amend an Act changmg the name of the Prison Commisswn of the State of Georgia to the State Prison and Parole Commission; and for other purpos.es. By Mr. Griffin of Wilkes- House Bill No. 732. A bill to be entitied an Act to establish the City Court of Washington; and for other purposes. By Mr. Allison of Gwinnett- House Bill No. 742. A bill to be entitled an Act to amend an Act to fix the salary of the Treasurer of Gwinnett County in lieu of commissions as now paid; and for other purposes. By Mr. Ansley of Lee- House Bill No. 747 A bill to be entitled an Act to fix the compensation of Commissioners of Roads and Revenues and Clerk in counties of the State having a populatiOn of not less than 7,837 and not more than 7,845 by the U. S. Census; and for other purposes. By Mr. Dean of Rockdale- House Bill No. 752 A bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Rockdale; and for other purposes. By Mr. Jackson of Henry- House Bill No. 753 A bill to be entitled an Act to amend an Act creating a JOURNAL OF THE HOUSE, Board of Commissioners of Roads and Revenues for the County of Henry; and for other purposes. By Messrs. Hunnicutt and Price of Clarke- House Bill No. 754 A bill to be entitled an Act to amend an Act to establish a City Court in the County of Clarke; and for other purposes. By Mr. Hogg of Marion- House Bill No. 755 A bill to be entitled an Act to amend the General Tax Act which provides for the taxation of cars operated for hire; and for other purposes. B' Messrs. Maddox, Rogers, and Hicks of Floyd- House Bill No. 756. A bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome; and for other purposes. By Messrs. Allison of Gwinnett, Callaway of Newton, Chastain of Thomas, Holtzendorf of Ben Hill, Griffin of Wilkes, Blease of Brooks, and Sheppard of Heard- House Bill No. 757 A bill to be entitled an Act to provide requirements, rules and regulations in connection with solitary confinement of convicts; and for other purposes. By Messrs. Lester of Richmond and Lovett of Laurens- House Resolution No. 147-757A. A bill to be entitled an Act providing for the appointment of a commiss:on of five by the Governor to study County Governments in Georgia; and for other purposes. The following bill of the Senate was placed on the calendar for the purpose of considering the unfavorable report of the Committee on General Judiciary No. 1: By Senator Edenfield of the 4th District- Senate Bill No. 172. A bill to be entitled an Act relating to the distribution of motion picture films, providing terms and conditions of licensing the same, and prOviding penalties for violation of this Act; and for other purposes. By unanimous consent, the following bills and resolutions of the House and Senate were read the third time, and placed upon their passage: By Senator Smith of the 24th District- Senate Resolution No. 26-SoA. A resolution to authorize the Commissioners of Roads and Revenues of Muscogee County to pay back salary of Thomas L. Bowden, as Judge of the City Court of Columbus; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requis;te constitutional majority was passed. MONDAY, MARCH 17, 1941 1099 By Senator Couch of the 52nd District- Senate Bill No. 86. A bill to be entitled an Act to amend the Charter of the City of Atlanta, by adding an additional provision with reference to the revenue to be paid by the said city for school purposes; and for other purposes. The following substitute to Senate Bill No. 86 was read and adopted: By the Committee- A BILL 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 GEORGIA, and it is hereby enacted by the authority of the 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. That the provisions of the Charter of the City of Atlanta, as embodied in Section 82 of the Code of the City of Atlanta for 1924, be and the same are hereby repealed and the following is enacted in lieu thereof: "For the purpose of raising- revenue for the support and maintenance of said City Government, the said Mayor and General Council shall have full power and authority and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, wh.ch, under the laws of thts State, is subject to taxation within the incorporate limits of said City, not exceeding sixteen (16) mills on each dollar of assessed value thereon, which shall include the school tax, provided that all assessments of property shall be made at cash market valuation. This rate shall not be increased, but the Mayor and General Council of the City of Atlanta may, in their discretion, reduce said amount at any time." Section 2. The proceeds of one (1) mill of said tax shall be used for the following purposes: Thirty (Jo%) per cent. thereof by the Board of Education for capital improvements; Seventy (70%) per cent. thereof by the Mayor and General Council for capital improvements. Provided, however, that such sums may be diverted to other lawful purposes by the respective bodies, that is, by the Board of Education, insofar as the sums allocated to it are concerned, or the Mayor and General Council, insofar as the sums allocated to it are concerned, whenever in the judgment of either of them an emergencey exists. An emerge~cy shall be deemed to exist whenever funds available for the essential services of the City Government shall _be insufficient to maintain existing salary scales and adequate services in the various departments of the City Government. Section 3 Nothing herein shall be construed as affecting the power or authority of the City of Atlanta to levy an emergency tax, as is provided in the Charter of the City of Atlanta. Section 4 The limitation placed upon the power and authority of the Mayor I 100 JOURNAL OF THE HOUSE, and General Council with respect to the charge for water or water service, contained in Section 5 of the amendment to the Charter of the City of Atlanta approved August 2Jrd, 1927 (Acts 1927, p. 779), as amended by an Act amending an Act establishing a new Charter for the City of Atlanta, which said Act was approved March 2Jrd, 1937 (Acts. 1937, pp 1502, 1506), be, and the same are hereby repealed. Section 5 The Mayor and General Council shall regulate the distribution and use of said water in all places, and for all purposes, where the same may be required, and from time to time shall fix the prices for the use thereof, and the time of payment; and they shall erect such number of public hydrants in such places as they shall see fit, and direct in what manner and for what purpose the same shall be used, all of which they may change at their discretion. Provided, however, that when the City of Atlanta furnishes water to a customer without the city lim1ts the charges for same may not exceed an amount equal to twice that charged a customer of similar classification within the city limits. Section 6. This Act shall become effective January 1, 1942. Section 7 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 substtute, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed by substitute. By Senator Kiker of the 41st District- Senate Bill No. 191. A bill to be entitled an Act to amend an Act to incorporate and establish the City of Ellijay; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton- House Bill No. 683. A bill to be entitled an Act to create a Civil Service System in Fulton County; and for other purposes. The following amendment to House Bill No. 683 was read and adopted: Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton moves to amend House Bill No. 683 as follows: By adding a new subhead to be known as (n) under Item (1) of Section 5, the said subhead (n) to read as follows: (n). Deputy Sheriffs. MONDAY, MARCH I7, I94I I 10! The said Act is further amended by adding a paragraph to subhead Item (2), Section 5, the said paragraph to read as follows: Provided that the provisions of this Act shall not go into effect w1th reference to any employee of the Public Works Department for a period of two years from the date of the passage of this Act, during which waiting period the employees of the Public Works Department shall remain in the unclassified service. The said Act is further amended by striking sub-head (L) of Section 5 in its entirety and by substituting in lieu thereof, the following which same shaH constitute subhead (L) of Section 5 and shall read as follows: (L) Assistant Solicitors General and investigators in the office of Solicitor General, also Assistant Solicitors of the Criminal Court of Fulton County. The Act is further amended by adding a new subhead to be known as (0) under Item (I), Section 5 and the said subhead (0) to read as follows: (0) ProbatiOn officers. The report of the committee wh1ch was favorable to the passage of the bill, was agreed to, as amended. On the passage of the b1ll, as amended, the ayes were I04, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Mr. Willoughby of Clinch- House Bill No. 740. A bill to be entitled an Act to regulate and govern the opening and ciosing of seasons for the hunting of deer in Clinch County; and for other purposes. "' The report of the committee which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Parker and Roberts of Walton- House Bill No. 746. A bill to be entitled an Act to amend the Charter of the City of Social Circle; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Barber and Barlow of Colquitt- House Bill No. 749 A bill to be entitled an Act to amend an Act for the City 1102 JOURNAL OF THE HOUSE, of Doerun to prescribe the qualifications of the voters in the municipal elections in said City; and for other purposes. . The report of the committee which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Gowen of Glynn- House Bill No. 751. A bill to be entitled an Act to define the limits of the Harbor of Brunswck; to adopt rules for the policing of such limits; and for other purposes. The report of the committee which was favorable to the passage of the bill, was agreed to. On the passage of the bill, as amended, the ayes were 108, the nays o. 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 Guyton of the Ist District- Senate Bill No. 173. A bill to be entitled an Act to provide for the identification of voters in all pnmary electiOns and elections by ballot within this State; and for other purposes. Referred to the Committee on Privileges and Elections. By Senator Dorsey of the J2nd District- Senate Bill No. 201. A hill to be entitled an Act to create a Board of Commissioner of Roads and Revenues for White County; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Couch of the 52nd District- Senate Bill No. 205. A bill to be entitled an Act to provide for the recall of County Commissioners in Georgia in counties having a population of 2oo,oo or more; to provide for recall elections; to provide funds for the same; and for other purposes. Referred to the Committee on Counties and County Matters. The following report of the Committee on Rules was submitted and read: Mr. Speaker: Your committee on Rules having had under consideration the matter of fixing a calendar for Monday, March 17, 1941, submits the following report: MONDAY, MARCH 17, 1941 1103 Your committee recommends that the following bills be set as a special and continuing order of business for the said date: 1. House Bill No. 351. Charter of Georgia Railroad. 2. House Resolution No. 32-137A. Compensate Robert Coleman. 3 House Bill No. 613. County, etc., Lease-Lend to United States for national defense. 4 House Bill No. 411. Htghway Board construct airports. 5 House Bill No. 392. Transportation of pupils and teachers. 6. House Bill No. 685. Advertisement Constitutional Amendments. 7 House Bill No. 155. Sale of hunting and fishing license. 8. House Bill No. 593 Limit the jurisdiction of State Board of Tax Appeals. 9 House Bill No. 282. Operation of trackless trolleys. 10. House Bill No. 192. Amend Income Tax Laws. II. House Bill No. 291. Equalization Fund. 12. House Bill No. 543 Title to property in heirs of a deceased. 13. House Bill No. 377. Tax:-cabs to take passenger to destination. 14. House Bill No. 146. Protect positions of office holders called into armed forces. 15. House Bill No. 289. Public Service Commisswn regulate water. 16. House Resolution No. 57-307D. Designate DeSoto Highway. 17 Senate Bill No. 44 Amend Unemployment Compensation Law. 18. House Bill No. 439 Amend lncone Tax-Define Resident. 19. Senate Bill No. 78. Regulate Labor Organizations. 20. House Bill No. 102. Powers of Probation Officers. 21. House Bill No. 246. Limitation of Security Deeds. 22. House Resolution No. 25-107B. Appropriation for air conditioning. 23. House Bill No. 219. Pharmacy Bill. 24. House Bill No. 684. Bank Bill. Respectfully submitted, Evans of McDuffie, Chairman. Drinkard of Lincoln, Secretary. 1104 JOURNAL OF THE HOUSE, Mr. Ferguson of Sumter arose to a question of personal privilege and addressed the House. Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time: By Messrs. Mason of Morgan, Moate of Hancock, Brinson of Chattooga, Whipple of Bleckley, and Mrs. Mankin of Fulton- House Bill No. 351. A resolution proposmg an amendment to the Constitution of Georgia so as to permit taxation of the Georgia Railroad and Bank~ng Company or any other corporation; and for other purposes. The previous question was ordered. The main question was ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Anderson Anglin Ansley Arnall Aultman Barber Barlow Bates Blease Boone Bradbury Branch Bridges Brooks of Mitchell Bruce Bynum Caldwell Callaway Candler Chastain Clements Curry Dallis Daton Daves Davis Deal Dorsey Drinkard Dunaway Dunn Dyal Edwards Elliott Ford Forrester Foster of Towns Fowler Gaston Gillis Goddard Goolsby Graham Greene Griffin Guerry Hand Harden Hardman Hardy Harrison Hartness Hatchett Hicks Hogg Holtzendorf Hunnicutt Inglis Ingram Johnson of Pike Joiner Jones of Brantley Jones of Worth Kaigler Kea of Laurens Kelley Kennedy Key of Jasper Lewis Lovett Mankin Mann Mason Mavity McEntire Mills Mixon Moate Moore of Taliaferro Moss Musgrove Pannell Parker MONDAY, MARCH 17, 1941 1105 Phillips Pickett ' Pinkston Rogers Rossee Rowland Russell Sabados Sheppard Sills Simmons Smith of Barrow Smith of Washington Smitha Southwell Strickland Taft Tappan Thigpen Thompson Vickers Walker Wells of Burke Wells of Clayton Whipple Wilbanks Williams of Harris Williams of Jackson WilloughbY Witherington Wohlwender Woods Wren Wright Yawn Those voting in the negatJve were Messrs.: Atkinson Bennett Blackshear Bloodworth Bowen Campbell Connell Cowart Ferguson of Camden Ferguson of Sumter Gavin Gowen Grice Gross Harris Jones of Richmond Lester Maddox McClure Mcintosh Pilcher Price Roberts of Gwinnett Roberts of Walton Shannon Suggs Swint Weaver Wells of Telfair Welsch Williams of Ware Those not voting were Messrs.: Aiken Allison Bentley Brinson Brooks of Oglethorpe Culpepper Dean Drake Dupree Easler Ennis, J. H. Ennis, Marion Etheridge Foster of Paulding Fuller Gill Gray Grayson Hagan Miller Hart Mims Heard Moore of Lumpkin Herrin Pettit Hooks Pittman Horne Rees Howard Reiser Jackson Rich Johnson of Chattahoochee Richardson Jones of Dodge Roughton Kendrick Smiley Livingston Smith of Carroll Looper Smith of Hall Martin Smith of Schley Maund Turner Maxwell Warnock McCracken Wetherbee McNall Williams of Bacon The roll call was venfied. On the passage of the bill, the ayes were 120, the nays 31. 1100 JOURNAL OF THE HOUSE, The bill having failed to receive the requis1te twa-thirds constitutional majority was lost. Mr. Mason of Morgan gave notice that at the proper t1me he would move that the House reconsider its action in failing to pass House Bill No. 351. By Mr. Wells of Clayton- House Resolution No. J2-IJ7A. A resolution compensating Robert Coleman of Clayton County, Georgia, for time he served on the Chain-gang of the State; and for other purposes. The House was resolved mto the Commtttee of the Whole House to consider House Resolution No. J2-IJ7A, and the Speaker designated Mr. Elliott of Muscogee as the Chatrman thereof. The Committee of the Whole House arose, and through its Chairman, reported the resolution back to the House w1th the recommendation that the same be adopted. The report of the committee, which was favorable to the adoption of the reso. lution, was agreed to. On the adoption of the resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Aultman Barber Barlow Bates Bennett Bentley Blackshear Bloodworth Bowen Bradbury Branch Brooks of Mitchell Bruce Bynum Caldwell Callaway Candler Chastain Clements Cowart Curry Dalton Daves Deal Dean Dorsey Drake Dunaway Dyal Easler Edwards Elliott Etheridge Ferguson of Camden Ferguson of Sumter Ford Foster of Towns Fowler Gaston Gillis Goddard Goolsby Gowen Graham Grayson Greene Grice Griffin Gross Guerry Hand Harden Hardman Hardy Harris Harrison Hartness Hatchett Herrin Hogg Holtzendorf Hunnicutt Inglis Ingram Johnson of Pike Jo:ner Jones of Brantley Jones of Ric~ond MONDAY, MARCH 17, 1941 ll07 Jones of Worth Kaigler Kelley Key of Jasper Lester Livingston Looper Mankin Mann Maund MavitY McClure McEntire Mills Mims Mixon Moate Moore of Taliaferro Musgrove Pannell Pettit Phillips Price Richardson Roberts of Gwinnett Rossee Rowland Russell Sabados Shannon Sills Simmons Smith of Barrow Smith of Hall Smith of Washington Smitha Southwell Strickland Swint Taft Thompson Turner Vickers Weaver Wells of Burke Wells of Clayton Wells of Telfair Wetherbee Whipple Wilbanks Williams of Jackson Williams of Ware Willoughby Witherington Woods Wright Yawn Those voting in the negative were Messrs.: Blease Boone Bridges Campbell Connell Drinkard Gavin Kea of Laurens Kennedy Lewis Lovett Mcintosh Moss Parker Pilcher Pinkston Rees Roberts of Walton Rogers Sheppard Smiley Thigpen Walker Williams of Harris Wohlwender Wren Those not voting were Messrs.: Atkinson Brinson Brooks of Oglethorpe Culpepper Dallis Davis Dunn Dupree Ennis, J. H. Ennis, Marion Forrester Foster of Paulding Fuller Gill Gray Hagan Hart McNall Heard Miller Hicks Moore of Lumpkin Hooks Pickett Horne Pittman Howard Reiser Jackson Rich Johnson of Chattahoochee Roughton Jones of Dodge Smith of Carroll Kendrick Smith of Schley Maddox Suggs Martin Tappan Mason Warnock Maxwell Welsch McCracken Williams of Bacon II08 JOURNAL OF THE HOUSE, By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolutwn, the ayes were 132, the nays 26. The resolution having received the requisite constitutional majority was adopted. By unanimous consent, the resolution was ordered immediately transmitted to Senate. By Messrs. Bloodworth, Grice, and Weaver of Bibb- House Bill No. 613. A bill to be entitled an Act to authorize counties, municipal corporations, and political divisions of this State to appropriate money, and to lease, lend, sell or donate property, and to lend credit to the State of Georgia and/or United States, for purposes of local, state, or natwnal defense; and for other purposes. Mr. Candler of DeKalb moved the previous questwn, the call was sustained and the mam question ordered. The following amendment to House Bill No. 613 was read and 'ldopted: Messrs. Bloodworth, Grice, and Weaver of Bibb move to amend House Bill No. 613 by inserting in Section One, immediately following the words, "or donate property", the following words "and without limiting the generality of the foregoing, including army encampments, airports, hnding fie!ds, or air bases." 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 2. The bill having received the requisite constitutional majority was passed, as amended. By unanimous consent, House Bill No. 613 was ordered immediately transmitted to the Senate. By Messrs. Rogers of Floyd, Gowen of Glynn, Ferguson of Camden and Ferguson of Sumter- House Bill No. 411. A bill to be entitled an Act to authorize the State Highway Board to construct and maintain a:rports, etc., and to use the right of eminent domain in connection therewith; to provide for an Aeronautic Advisory Board; and for other purposes. Mr. Bradbury of Oconee moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, Mr. Gowen of Glynn moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: MONDAY, MARCH 17, 1941 Il09 Those voting in the affirmative were Messrs.: Adams Aiken Allison Anglin Arnall Aultman Barber Barlow Bates Blease Bloodworth Boone Bradbury Branch Brooks of Mitchell Bynum Campbell Candler Chastain Curry Dallis Dalton Davis Dean Dorsey Drinkard Dunaway Dyal Easler Elliott Etheridge Ferguson of Camden Ferguson of Sumter Ford Foster of Towns Fowler Gaston Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Gross Guerry Hardman Harris Hatchett Heard Hicks Hogg Holtzendorf Hunnicutt Inglis Ingram Johnson of Pike Joiner Jones of Worth Kaigler Kea of Laurens Kendrick Key of Jasper Lester Livingston Lovett Maddox Mankin Mason Maund McClure McEntire Mixon Moore of Lumpkin Those voting in the negative were Messrs.: Ansley Bowen Bridges Clements Connell Cowart Deal Drake Edwards Gavin Goolsby Hand Moore of Taliaferro Musgrove Pettit Pickett Price Richardson Roberts of Gwinnett Rogers Rossee Sabados Shannon Sheppard Sills Smith of Barrow Smith of Hall Smitha Southwell Suggs Swint Tappan Thompson Vickers Weaver Wells of Clayton Welsch Wetherbee Whipple Wilbanks Williams of Harris Williams of Jackson Williams of Ware Willoughby Wohlwender Woods Wren Wright Yawn Harden Hardy Harrison Herrin Jones of Brantley Jones of Richmond IIIO JOURNAL OF THE HOUSE, Kelley Kenne75.00 per month. Employees receiving less than 1>75.00 per month shall I I 28 JOURNAL OF THE HOUSE, come under the provisions of this Act only upon making written application therefor to the City Manager on forms furnished for that purpose. Section I7. The provisions of this Act shall not be applicable to teachers and other employees working in the city school system under the authority of the City Board of Education. Section IS. The plan and purpose of this Act is to provide and furnish aid, relief, and pensions to aged and disabled employees in the City of Griffin; and the taxation herein provided is a part of the general purpose of this Act to accomplish this end. Section I9. Be it further enacted, that should any clause or portion of this Act be declared unconstitutional or invalid by any Court for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so held to be unconstitutional or invalid. Section 20. Be it enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Mr. Goddard of Spalding moved that House agree to the Senate Substitute. On the motion to agree, the ayes were I 14, the nays o. The Senate substitute was agreed to. Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time: By Mr. Turner of DeKalb-;- House Bill No. 282. A bill to be entitled an Act to amend an Act so as to make the operation of trackless trolleys subject to the same municipal ordinances as street cars; and for other purposes. Mr. Jones of Brantley moved the previous question, the call was sustained and the main question ordered. The following amendment to House Bill No. 282 was read and adopted: Mr. Turner of DeKalb moves to amend House Bill No. 282 as follows: Provided, further, that nothing in this Act shall ever be construed to modify or repeal the Act of the General Assembly of Georgia, approved March 30, I937, relating to substitution by street railroad companies of trackless trolleys for rail syStems in parts thereof, as published in Georgia Laws I937, pages 789, 799, and 8oo; and provided, further, that nothing in this Act shall ever be construed to impair any valid, e.xisting contract or ordinance contract now in existence between any municipality and any such company; and provided, further, that the Public Service Commission shall not have the power or authority to increase, or authorize the increase of, in respect of trackless trolley service, fart:s which have heretofore been fixed by contract or ordinance contract on the line or lines on which trackless trolleys may be substituted pursuant to said Act approved March 30, I937; which fares shall in all respects appertain and appiv to such substituted service when inaugurated. MONDAY, MARCH 17, 1941 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 r 19, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Simmons and Mills of Decatur- House Bill No. 192. A bill to be entitled an Act to amend the Income Tax Law by providing certain exceptions; and for other purposes. The following committee substitute to House Bill No. 192 was read and adopted. A BILL To be entitled an Act to amend an Act of the General Assembly amending the Income Tax Laws (Georgia Laws 1937, pages 109-148 by providing certain exceptions from the operation of the said Act; and for other purp{)ses. Be it enacted by the General Assembly of Georgia: Section r. Subsection (1) of Section 92-3105 of the Georgia Code of 1933, as amended, (Georgia Laws 1937, page 120) be and the same is hereby amended by striking therefrom the entire subsection (1) and by substituting in lieu thereof a new subsection (1) to read as follows: "Banks and trust companies, including Savings Banks incorporated under the banking laws of this State or of the United States, doing a general banking business." Section 2. Subsection 7 of Section 92-3107 of the Georgia Code of 1933 as amended (Georgia Laws 1937, page 125) be and the same is hereby amended by striking therefrom the entire subsection 7 and substituting in lieu thereof a new subsection 7 to read as follows: "Dividends received on stock of banks and trust companies incorporated under the banking laws of this State or of the United States." Section 3 All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Mr. Sabados of Dougherty moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to. On the passage of the bill, by substitute, the ayes were 124, the nays I. The bill having received the requisite constitutional majority was passed, by substitute. By Messrs. Kea and Lovett of Laurens and Rowland of JohnsonHouse Bill No. 291. A bill to be entitled an Act to amend an Act providing for the equalization funds for schools; and for other purposes. IIJO JOURNAL OF THE HOUSE, Mr. Rees of Webster moved that House Bill No. 291 be tabled, and the m tion prevailed. The Hour of five o'clock having arrived, the Speaker announced the House recessed until 7 o'clock P. M. 7 o'clock P.M. The Speaker called the House to order. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blease Bloodworth Bowen Boone Brinson Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Callaway Campbell Chastain Clements Cowart Curry Dallis Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dyal Easler Edwards Elliott Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Towns Gaston Gillis Gowen Greene Grice Griffin Guerry Hand Hardy Harrison Hartness Herrin Hicks Inglis Ingram Johnson of Pike Jones of Brantley Jones of Richmond Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin: Mann Martin Mason Maund Mavity McClure McCracken Mcintosh McEntire Mims Mixon Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Pickett Rich Richardson Rowland Russell Sheppard Sills Smith of Barrow Smith of Hall Smitha Suggs Swint Taft Thompson Turner Vickers Weaver Wells of Burke Wells of Clayton Wells of Telfair MONDAY, MARCH 17, 1941 IIJI Welsch Wilbanks Williams of Harris Williams of Jackson Williams of Ware Witherington Woods Wren Yawn Mr. Speaker The following resolution of the House was read the third time and adopted: By Mr. Brooks of Mitchell- House Resolution No. 102-592A. WHEREAS, it appears in House Journal of Georgia, 1939, pages 965 to 968, inclusive, that the Legislature of Florida appointed a committee to confer with the committee of the Legislature of Georgia with reference to enacting such laws as would tend to harmonize commerce between the two states with reference to interstate traffic in eggs, fish, and other items and articles; and WHEREAS, it is greatly to be desired that the trade relations between the two states be in harmony; THEREFORE, BE IT RESOLVED: First, by the House of Representatives that the Speaker appoint not less than 3 or more than 5 members of this House to take such steps as are necessary to ascertain what was accomplished in view of the Reciprocal Trade agreements between Florida and Georgia, pursuant to resolutions of the Legislature of Georgta and the resolutions of the Legislature of Florida; Second, That the committee when appointed shall as soon as possible and practicable thereafter confer with the proper authorities of the State of Florida and ascertain the status of such relations, and that the committee be further empowered to visit the Legislature of the State of Florida when it shali be next in session with a view of obtaining from that body such legislation as will harmonize the trade relations between the two states; and Third, Further that a copy of these resolutions be furnished to the Speaker of the House of Representatives of the State of Florida. The following resolution of the House was read and adopted: By Mr. Brooks of Mitchell- House Resolution No. 106. A resolution expressing thanks to the press; and for other purposes. The following bill of the House was taken up for the purpose of considering the Senate substitute thereto. The following Senate substitute to House Bill No. 169 was read: A BILL An Act to create and establish a Purchasing Department in all counties of this State having a population of two hundred thousand or more by the United States census of 1940 or by any future United States ~ensus; to authorize the employment IIJ2 JOURNAL OF THE HOUSE, in such counties of a County Purchasing Agent; to fix his bond, compensation and tet m of office; to define his duties; to provide for the employment by the county authori. ties of such assistants to the County Purchasing Agent as may be necessary to maintain and carry out the functions of a county purchasing department; to provide for the filling of vacancies in the office hereby created; 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 I. There is hereby created in each county in this State having a population of two hundred thousand or more according to the United States census of I940 or any future United States census, a County Purchasing Department, which shall be set up, established and maintained under the jurisdiction of the Board of Commissioners of Roads and Revenues or other county authority. Section 2. The County Purchasing Department shall be under the direction and supervision of a County Purchasing Agent, who shall be appointed by the Board of Commissioners of Roads and Revenues or other county authority for a term of one year commencing January I of the year r942 and each year thereafter, except that the first appointment shall be made within thirty days after the approval of this Act and shall extend until December JI, I941. Section 3 Said County Purchasing Agent shall give a bond in the sum of Twenty-five Thousand ($25,000) Dollars payable to the Board of Commissioners of Roads and Revenues or other county authority, conditioned upon the faithful performance by said official of all duties devolved upon him as such officer and for the faithful accounting to such county authority for all goods, supplies and money that may come into his hands as such and to indemnify and save such county authority harmless for and on account of all of his acts in said position. This bond shall be given by said official before entering upon the discharge of his duties and shall be maintained by said officer during his entire term. The premium on said bond shall be paid out of the county treasury. Section 4 The compensation of said County Purchasing Agent shall be an annual salary, payable monthly, fixed by the county authority and paid out of the county treasury. Section 5 The Commissioners of Roads and Revenues of the county or other county authority is also authorized to employ such assistants as may be necessary to maintain and carry out the functions of the county purchasing department and fix their salary and require such assistants to make bond m whatever amount said county authority deems advisable. Section 6. In the event of a vacancy in the office of County Purchasing Agent, by death, resignation, or otherwise, the said county authority is authorized to appoint a successor to serve as County Purchasing Agent until the expiration of his term of office. Section 7 Except as otherwise provided in this Act, the County Purchasing Agent shall: 1. Have sole power to purchase and supervise the storage and distribution of MONDAY, MARCH 17, 1941 1133 all supplies, materials or equipment required by any department, office, officer, board, commission or other agency of the county payment for which is made from the county treasury, except those required by the departments under the jurisdiction of the County Board of Education and the County Board of Public Welfare. 2. Have power to establish and maintain one or more county storehouses, develop and operate therein a uniform, modern system of stores control based upon perpetual inventory, and maintain a sufficient stock of staple commodities on hand to supply the estimated current needs of the agencies for which he is authorized to pur-:hase. 3 Classify all supplies, materials and equipment; adopt as standards the minimum number of qualities, sizes and types of commodities consistent with efficient operation; prepare and submit to said county authority for adoption, and after such adoption promulgate and enforce, written specifications for all such standard commodities; and, pending such submission to the county authority and action thereby, adopt tentative specifications. 4 Inspect or supervise the inspection of all deliveries of supplies, materials and equipment and determine their quality, quantity and conformance to specifications. _s. Keep at all times a record of all purchases made by him and of all emergency purchases made by the agencies for which he is authorized to purchase, as well as the amount paid for each item so purchased, and submit by the tenth day of each month to such county authority an itemized statement of all such purchases and amounts for the next preceding month. 6. Keep and maintain at all times an inventory of all property owned by the county and for that purpose consolidate the inventories by individual county officers pursuant to Section 91-801 of the Georgia Code of 1933. Section 8. All work or labor to be performed by contract, including the furnishing of materials or supplies incident thereto, shall be obtained by the agency for whose use the same are intended. All other supplies, materials and equipment shall be purchased or procured by the County Purchasing Agent, except those for the use of the departments under the jurisdiction of the County Board of Education and the County Board of Public Welfare; provided, that in the event of an emergency requiring an immediate purchase involving an expenditure of less than one hundred ($100) dollars, the agency for whose use such supplies, materials or equipment are necessary may purchase them directly under regulations adopted by the Board of Commissioners of Roads and Revenues or other county authority, making a report thereof to the County Purchasing Agent. Section 9 If the several parts of.the work or labor to be done or the supplies, materials and equipment to be furnished, or both, shall together involve the expenditure of more than five hundred ($500) dollars, such work or labor or supplies, materials or equipment shall be obtained only by contract on public letting founded on esaled bids under such regulations as shall be made by the Board of Commissioners of Roads and Revenues or other county authority, except that in a special case said county authority by a unanimous vote may order otherwise. The terms of such contracts shall be settled by the county attorney as an act of preliminary specification to a I IJ4 JOURNAL OF THE HOUSE, proposal for bids. The agency letting the contract may reject all bids if it shall deem it for the interest of the county so to do; if not, it shall, without other consent or approval, award the contract to the lowest responsible bidder, unless the Board of Commissioners of Roads and Revenues or other county authority by a unanimous vote shall determine that in the public interest a bid other than that of the lowest responsible bidder should be accepted. Tie bids shall be decided by the agency letting the contract. Wherever a contract is awarded to another than the lowest bidder, except by action of said county authority, the agency awarding the same shall file in its office and with said county authority a statement in detail of the reasons therefor. No bid shall be valid unless accompanied by a deposit in the amount and manner set forth and specified i1n the proposal. Upon the award of the contract the deposits of unsuccessful bidders shall be returned to them, and the deposit of the successful bidder shall be returned to him upon his executing the contract and furnishing the required security, the adequacy and sufficiency of which shall be approved by the county attorney. Every proposal for bids shall contain a provision that in the event of the failure of the bidder to execute the contract and furnish the required security within five days after notice of the award of the contract to him, his deposit or so much thereof as shall be applicable to the amount of the award made to him shall be retained by the county, and he shall be liable for and shall agree to pay on demand the difference between the price bid and the price for which such contract shall be subsequently relet, including the cost of such reletting and less the amount of such deposit. No plea of mistake in such accepted bid shall be available to the bidder for the recovery of his depos!t or as a defense in any action based upon such accepted bid. Section IO. If the several parts of the work or labor to be done or the supplies, materials and equipment to be furnished, or both, shall together involve an expenditure of not more than five hundred ($500) dollars, the same may be procured on order awarded to the lowest responsible bidder upon bids submitted without public advertisement, under such regulations as shall be made by the county authority. Purchases of ten (10) dollars or less may be made without competition. Section I 1. No expenditure for work, labor, supplies, materials or equipment under contract shall be made unless the necessity therefor be certified to by the agency for the use of which they are intended. All purchases made by the county purchasing agent other than purchases for stock for estimated needs under subsection 2 of Section 7 of this Act, as well as all deliveries from such stock, shall be made only upon receipt of requisitions signed by such officers and employees of the several agencies of the county as may be designated for that purpose by the Board of Commissioners of Roads and Revenues or other county authority. Section I2. All purchases made by the County Purchasing Agent shall be based upon specifications which are definite and certain, which permit of competition and which shall not be at variance with standard specifications for the various classes of supplies, materiais and equipment approved by the said county authority; pro- vided, that the said county authority may exempt any agency from the necessity of conforming to such standard specifications in any parti~ular case. ' Se-ction IJ. All old or waste materials and other personal property discarded, replaced, or held but not required in storehouses or by any agency for which the MONDAY, MARCH I7, I94I II35 County Purchasing Agent has power to make purchases shall be surrendered to him and shall be disposed of by him under regulations adopted by the Board of Commissioners of Roads and Revenues or other county authority governing the redistribution, exchange, transfer, sale or other disposition of such property. Section I4. Each and every phrase, clause and part of this Act is separately enacted and should any part or section hereof be held invalid, for any reason, it is hereby declared the intent and purpose of the General Assembly that the remaining portions of this Act shall remain in full force and effect. Section I 5 All laws and parts of laws in conflict with this Act are hereby re- pealed. Mrs. Mankin of Fulton moved that the House disagree to the Senate substitute, and the motion prevailed. Mrs. Mankin of Fulton moved that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate on House Bill No. I69, and the motion prevailed. The Speaker appointed as a committee of Conference on House Bill No. I69 the following members of the House, to-wit: Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton- The following resolution of the House was read and referred to the Committee on Academy for the Blind: By Messrs. Allison of Gwinnett, Strickland of Haralson, Pannell of Murray, Weaver, Grice and Bloodworth of Bibb- House Resolution No. I 58. A resolution adopting the report of the Committee on Academy for the Blind. By unanimous consent, the clerk was authorized to change "g" to "h" in an amendment to Senate Bill No. 44 By unanimous consent of the House, the following bills of the House and Senate were taken up for consideration and read the third time: Messrs. Candler, Turner and Dunaway of DeKalb- House Bill No. 354 A bill to be entitled an Act to provide compensation of jury commissioners and their clerks in certain counties; and for other purposes. The following amendment to House Bill No. 354 was read and adopted: Mr. Candler of DeKalb moves for a Committee Substitute of House Bill No. 354 by striking the words and figures "86,8oo and not more than 86,900" wherever the same appear and substituting therefor the words and figures "85,000 and not more than 9o,ooo". The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. JOURNAL OF THE HOUSE, On the passage of the bill, as amended, the ayes were 103, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 659. A bill to be entitled an Act to authorize the Commissioners of Roads and Revenues in certain counties to contract for group insurance for county officials; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Richardson of Hart- House Bill No. 679 A bill to be entitled an Act to provide additional compensation for the official stenographic reporter of superior courts of judicial circuits 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 passage of the bill, the ayes were 109, the nays o. The bill having received the requisite constitutional majority was passed. By unanimous consent, the clerk was instructed to insert the figures "44" in the blank space in House Bill No. 556. By Senators Couch of the 52nd District and Campbell of the 34th District- Senate Bill No. 175. A bill to be entitled an Act to amend an Act to provide a pension for the police departments in counties having a certain population; and for other purposes. By unanimous consent, the bill was tabled. By Senator Smith of the 24th District- Senate Bill No. 182. A bill to be entitled an Act to regulate the salaries of stenographic reporters of superior courts of all judicial circuits having a certain population; and for other purposes. By unanimous consent, the bill was tabled. By Senator Milhollin of the 46th District- Senate Resolution No. 44-144B. A resolution proposing that the State Librarian furnish law books to the ordinaries of Coffee County and to ,the Clerk of the Superior Court of Coffee County; and for other purposes. MONDAY, MARCH 17, 1941 I 137 The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the ayes were 106, the nays o. The resolution having received the requisite constitutional majority was adopted. By Senator Couch of the 52nd District- Senate Bill No. 162. A bill to be entitled an Act to amend an Act so as to authorize Clerks of the Superior Courts or other proper officer in counties having a population of over two hundred thousand to install photostatic equipment; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Senator Campbell of the 34th District- Senate Bill No. 121. A bill to be entitled an Act to amend an Act to abolish the offices of Tax Collector and Tax Receiver of 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 109, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Coker of the 39th District- Senate Bill No. 81. A bill to be entitled an Act to amend the Code of Georgia by providing a per diem of not to exceed $6.oo per day for each day's service of members of the 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 106, the nays o. The bill having received the requisite constitutional majority was passed. By vote of the House the following resolution of the House was read the first time and referred to the Committee on Special Appropriations: By Mr. Kendrick of Fulton- House Resolution No. 159 A resolution authorizing the sum of $756.64 be paid to the Stocks Coal Company in settlement of a bill rendered to the State of Georgia in 1915; and for other purposes. 1138 JOURNAL OF THE HOUSE, Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time: By Messrs. Welsch arid Dorsey of Cobb- House Bill No. 543 A bill to be entitled an Act to amend an Act relating to personal property of heirs of the deceased where no debts are involved; and for other purposes. The following committee amendment to House Bill No. 543 was read and adopted: The committee moves to amend House Bill No. 543 by adding at the end of Section 1, being after the word "creditor" thereof, the following: "Provided, six months prior thereto, the heir or heirs have published at least once in the official organ of the county of the decedent a notice to the public and creditors to the effect that the decedents' estate would be disposed of without administration." And further amends the caption of the bill 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 103, the nays 6. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Pickett of Pickens and Hagan of Screven- House Bill No. 377 A bill to be entitled an Act relating to the operation of taxi cabs; and for other purposes. By unanimous consent, further action on the bill was postponed until tomorrow. By Mr. Hicks of Floyd- House Bill No. 146. A bill to be entitled an Act to protect the positions and the offices of the employees or office holders in any of the branches of government, whether executive, legislative, or judicial or any other branch or department of the government of the State of Georgia, who shall be called into active service of the armed forces of the United States; and for other purposes. The following committee substitute was read: A BILL To be entitled an Act to protect the positions and offices of employees or office holders in any of the branches of Government, whether Executive, Legislative or Judicial, or any other branch or department of the government of the State of Georgia, or any political subdivision thereof, and including municipalities, who has been, or shall be inducted into active service of the Armed Forces of the United States under Public Resolution No. 96, 76th Congress of the United States, approved August 27th, 1940, and amendments thereto, known as the National Guard and Reserve Officers Mobilization Act, or under Public Act No. 783, 76th Congress, approved September 16th, 1940, known as the Selective Training and Service Act of 1940, or any other MONDAY, MARCH I7, I94I I 139 Act of Congress of the United States, or of the Legislature of the State of Georgia, and to provide authority, where necessary, for the appointment of substitutes to take the place temporarily of employees or office holders of the several branches of the State government or political subdivision thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same that: Section 1. Wherever any employee or office holder, appointed or elective, in any branch of government, whether Executive, Legislative or Judicial, or any other branch or department of the State of Georgia, who has been, or shall be inducted into active service of the armed forces of the United States, either in peace or war, under Public Resolution No. 96, 76th Congress of the United States, approved August 27, 1940, and amendments thereto, known as the National Guard and Reserve Officers Mobilization Act, or under Public Act No. 783, 76th Congress of the United States, approved Sept. 16th, 1940, and known as the Selective Training and Service Act of 1940, or any other act of the Congress of the United States, or of the State of Georgia, the position or office of such office holder or employee shall not be vacant, but such employee or office holder shall be considered absent on leave (without pay) on patriotic duty. Section 2 (a) Where the law now provides that some other person or officer shall perform the duties of such employees or officer during his absence, no one shall be appointed to fill his place while absent on patriotic duty as aforesaid, unless the Municipal or County authorities in the case of those employees or office holders whose salaries are paid entirely by the Municipality or County, or the Governor in the case of those employees or officers whose salaries are paid either wholly or in part by the State shall certify that the appointment of such temporary substitute is necessary in the public interest. Section 2 (b) Where it does not appear necessary in the public interest to appoint such temporary substitute and where the law now provides some other person to perform the duty of such employee or officer during his absence, the said Municipal or County authorities or the Governor, as the case may be, may in their discretion determine what would be fair additional compensation for the one whom the law requires to perform the duties of such absent employee or office holder, and may make such apportionments of the salary of such absent employee or office holder, between him and the one required to perform his duties, as to them may seem just and proper. Section 3 (I) In case the pay or salary of the employee or office holder absent on patriotic duty is paid entirely by a Municipal authority shall, where they certify that the same is necessary in the public interest, be empowered to appoint a temporary substitute or officer pro hac vice to serve until such absent employee or office holder is discharged from such armed service. Section 3 (2) In case the pay or salary of the employee or office holder absent on patriotic duty is paid entirely by the County Commissioners, or other county authority of the county where his duties are performed, such County Commissioners shall be empowered to appoint a temporary substitute or officer pro hac vice to serve until such absent employee or officer is discharged from such armed service. JOURNAL OF THE HOUSE, Section 3 (3) In case the salary of the employee or office holder absent on patriotic duty, is paid either wholly or in part by the State, the Governor is hereby empowered to appoint a temporary substitute or officer pro hac vice to serve until such absent employee or office holder is discharged from such armed service. Section 3 (4) The appointment of such temporary substitute or officers pro hac vice and his powers, pay and emoluments shall terminate as soon as the employee or office holder, absent on patriotic duty shall have been discharged from such armed service and shall have notified the Municipal authorities, County Authorities, or Governor as the case may be, who appointed a temporary substitute, or officer pro hac vice, of the fact of such employees or office holders discharged from the service. Upon giving such notice, such employee or office holder is to be restored to full status, pay and emoluments of his office. Section 3 (5) Every person so appointed as a temporary substitute or pro hac vice under the provisions of this act must have such qualifications as the law requires for the performance of the duties of such position or office; and is hereby empowered to perform all of the duties of such position or office, and shall be entitled to the pay, salary and emoluments of such position or office during the absence of such employee or office holder on patriotic duty as provided in Section 2-B of this Act. Section 4 If the employee or office holder absent on patriotic duty has been appointed or elected for a regular term, such employee or office holder shall be eligible lor reappointment or re-election even though absent on such patriotic duty, and in primary or general elections shall, notwithstanding his absence be eligible to qualify and have his name placed upon the ballot, and run for re-election, and if elected, a temporary substitute or officer pro hac vice may be appointed as provided under Section 4, of this Act. Section 5 All Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed to the extent of such inconsistency. Section 6. If any clause, sentence, section or provision of this Act shall be held unconstitutional, such invalidity shall not affect or impair the remaining portions of this Act. Mr. Taft of Atkinson moved the previous question, the call was sustained and the main question ordered. The following amendments to the substitute were read and adopted: Messrs. Weaver, Grice and Bloodworth of Bibb move to amend Committee Substitute for House Bill No. 146 by add,ing thereto another paragraph to be appropriately numbered and which shall read as follows: "Nothing in this Act shall operate to give any officer herein named any term of service beyond the term of office which he now holds under the laws of this State, whether such officer be elected by vote of the people, or appointed as provided by law" and that the caption be amended accordingly. The Fulton Delegat;on moves to amend House Bill No. 146 by adding at the end of Section 5 the following; The provisions of this Act shall not apply to those counties MONDAY, MARCH 17, 1941 in the State having a population of 200,000 or more according to the census of 1940 of the United States or any future census thereof. The substitute as amended, was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to as amended. On the passage of the bill, by substitute, as amended, Mr. Hicks of Floyd moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Allison Anderson Anglin Arnall Aultman Barber Barlow Bates Bennett Bentley Blease Bowen Boone Brinson Brooks of Mitchell Brooks of Oglethorpe Caldwell Callaway Campbell Chastain Clements Cowart Curry Dallis Davis Dean Dorsey Dunaway Dunn Dyal Easler Edwards Etheridge Ferguson of Sumter Ford Forrester Foster of Towns Gillis Gowen Greene Griffin Guerry Hardy Harrison Hartness Hicks Inglis Johnson of Pike Jones of Richmond Kea of Laurens Kelley Kendrick Kennedy Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure McEntire Mims Mixon Moore of Lumpkin Moore of Taliaferro Pannell Pickett Richardson Rowland Sills Smith of Barrow Smith of Hall Smitha Suggs Swint Taft Turner Vickers Wells of Clayton Wells of Telfair Welsch Wilbanks Williams of Harris Williams of Jackson Williams of Ware Witherington Woods Wren Yawn Those voting in the negative were Messrs.: Aiken Ansley Bloodworth Drake Drinkard Ferguson of Camden JOURNAL OF THE HOUSE, Gaston Grice Hand Ingram Jones of Brantley Mcintosh Moss Rich Sheppard Thompson Weaver Wells of Burke Those not voting were Messrs.: Atkinson Blackshear Bradbury Branch Bridges Bruce Bynum Candler Connell Culpepper Dalton Daves Deal Dupree Elliott Ennis, J. H. Ennis, Marion Foster of Paulding Fowler Fuller Gavin Gill Goddard Goolsby Graham Gray Grayson Gross Hagan Harden Hardman Pinkston Harris Pittman Hart Price Hatchett Rees Heard Reiser Herrin Roberts of Gwinp.ett Hogg Roberts of Walton Holtzendorf Rogers Hooks Rossee Horne Roughton Howard Russell Hunnicutt Sabados Jackson Shannon Johnson of Chattahoochee Simmons Joiner Smiley Jones of Dodge Smith of Carroll Jones of Worth Smith of Schley Kaigler Smith of Washington Key of Jasper Southwell Maxwell Strickland McCracken Tappan McNall Thigpen Miller Walker Mills Warnock Moate Wetherbee Musgrove Whipple Parker Williams of Bacon Pettit Willoughby Phillips Wohlwender Pilcher Wright On the passage of the bill, by substitute as amended, the ayes were 96, the nays 18. The bill having failed to receive the requisite constitutional majority was lost. Mr. Hicks of Floyd gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 146. By Mr. Evans of McDuffie- Hause Bill No. 289. A bill to be entitled an Act to confer upon and invest in the Georgia Public Service Commission jurisdiction to prescribe rates for water; and for other purposes. MONDAY, MARCH 17, 1941 By unammous consent, further consideration of the bill was postponed until tomorrow. By Messrs. Ferguson and Suggs of Sumter- House Resolution No. 57-3o7D. A resolution to name and des1gnate the DeSoto Trail; 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 1. The resolution having received the requisite constitutional majority was adopted. By Messrs. Lester, Harris and Jones of Richmond, Gowen of Glenn and Wetherbee of Dougherty- House Bill No. 439 A bill to be entitled an Act to amend Title 92 Code of 1933 in order to define residents as regards income taxes; and for other purposes. The following substitute was read: A BILL To be entitled an Act to amend title 92 ("Public Revenue"), division 1 ("Sources of Revenue"), Page IX ("Income Taxes"), of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and by the Act approved March 30, 1937, and by the Act approved December 29, 1937, by amending subsection (3) of subsection (i) of Section 92-3002 of said Code, defining resident; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: SECTION 1 That title 92 ("Public Revenue"), division 1 ("Sources of Revenue"), part IX ("Income Ta~es"), chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, and the Act approved March 30, 1937, and the Act approved December 29, 1937, be and the same is hereby amended by striking subsection (i) of section 92-3002 of said Code, and adding the following, the same to be known as Section 92-3002 (1), ta-wit: "The word 'resident' means every natural person who is in the State of Georgia for other than a temporary or transitory purpose and every natural person domiciled within this State on the last day of the taxable year. Every natural person who spends in the aggregate more than six months of the taxable year within the State, shall be presumed to be a resident. The presumption may be overcome by satisfactory evidence that such person is in the State for a temporary or transitory purpose, and not carrying on any trade of business or otherwise gainfully employed. Any natural person, who, on or before the last day of the taxable year, changes his domicile to some other State, shall be taxable as a resident to the date of removal as provided for in Section 92-3316 under this title. Any natural person who is or shall become a I 144 JOURNAL OF THE HOUSE, resident of this State shall continue to be a resident even though temporarily absent from the State, until he legally qualifies to become a resident of another State." 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. Mr. Jones of Richmond moved the previous question, the call was sustained and the main question ordered. The substitute was adopted. On the passage of the bill, by substitute, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By unanimous consent, further consideration of all bills placed on the calendar by the Rules Committee for this afternoon were postponed except House Bills Nos. 246 and 193 By Messrs. Atkinson of Chatham, Candler of DeKalb, Strickland of Haralson, and Kea of Laurens- House Bill No. 246. A bill to be entitled an Act to limit the time for enforcing deeds to secure debt on real property; and for other purposes. By unanimous consent, further action on the bill was postponed until tomorrow. By Messrs. Barber and Barlow of Colquitt- House Bill No. 193 A bill to be entitled an Act to amend an Act known as part of the compulsory school attendance law; to provide for its application to the full term of the school year instead of only six months; and for other purposes. The following committee substitute to House Bill No. 193 was read: A BILL To be entitled an Act to amend Chapter 32-21 of the Code of Georgia of 1933, which chapter deals with the duties of parents, guardians and children with reference to the compulsory attendance upon the public schools of this State of children of school age, by broadening the scope of the compulsory school attendance laws so as to include children between the ages of six and r6; by requiring seven months of compulsory attendance upon the public schools of the county or city; by requiring compulsory attendance of children through the eleventh grade; by providing penalties for the violation of the duties imposed by this Act; by providing for the employment of attendance officers to enforce this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: MONDAY, MARCH I7, I94I Section I. That Chapter 32-21 of the Code of Georgia of I933 relating to the compulsory attendance of children to the public schools of this State be and the same is hereby amended as follows: By striking and repealing the words and figures "eight and 14 years" in lines thre( and four of Section 32-2IOI of said Chapter, and inserting in lieu thereof the words "six and sixteen years"; by striking and repealing the word "six" in line five of said section, and inserting in lieu thereof the word "seven"; by striking and repealing the words "of the district" in line six of said section, and inserting in lieu thereof the words "of the county"; by striking and repealing the word "seventh" in line II of said section, and inserting in lieu thereof the word "eleventh"; and by striking and repealing die words "the said board excuses temporarily the child from such attendance, such boards being authorized to take into consideration the seasons for agricultural labor and the need for such labor, in exercising their discretion as to the time for which children in farming districts shall be excused, provided, that no guardian shall be compelled to send such child or children to school out of any other than the funds belong to the ward or wards" in lines I5, I6, 17, IS, I9, 20 and 21 of said Section, and inserting in lieu thereof the words "said child has been excused"; "so that said section, as amended, shall read as follows: "32-2IOI. Duty of parent and guardian. Enrollment and attendance of child. Excuse of absences. Every parent, guardian or other person having charge and control of a child between the ages of six and sixteen years, who is not exempted or excused as hereinafter provided, shall cause the said child to be enrolled in and to attend continuously for seven months each year a public school of the county or of the city or town in which the child resides; which period of attendance shall commence at the beginning of the first term of said school in the year. Such attendance at a public school shall not be required where the. child attends for the same period some other school giving instruction in the ordinary branches of English education, or has completed the eleventh grade of school work as prescribed by the state board of education, or 'where, for good reasons, the sufficiency of which shall be determined by the board of education of the county or of the city or town in which the child resides, said child has been excused. Temporary absence of any child enrolled as a pupil may be excused by the principal or teacher in charge of the school, because of bad weather, sickness, death in the child's family, or other reasonable cause." Section 2. That Chapter 32-2I of said Code is further amended by striking and repealing Section 32-2Io2 of said Chapter relating to the duties of the Board of Education and teachers, and prosecutions in the enforcement of this Act, and by inserting in lieu thereof the following: "32-2102. Duties of Board of Education and teachers. It shall be the duty of the county and municipal boards of education to investigate as to the attendance and non-attendance of children required by this Chapter to attend the schools under their supervision, and, should they find that any parent, guardian or other person having charge and control of a child between the ages aforesaid has violated the provisions of this chapter by failing to enroll or require and enforce the attendance of a child under his or her care upon the schools of the county, city or town as above required, it shall be their duty to swear out a warrant against such person and to prosecute him or her. Any parent, guardian or other person violating any of the provisions JOURNAL OF THE HOUSE, of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Section 27-25o6 of the Code of Georgia of 1933. Prosecutions under this Act may be brought either in the Superior Court, or in any city or county court having jurisdiction of misdemeanor cases, and it shall be the duty of the Solicitor General or Solicitor of said court to aid and assist the officials charged with the enforcement of this Act in any prosecutions brought hereunder. It shall be the duty of the principal or teacher, in charge of any public school in which pupils between the ages of six and sixteen years are instructed to keep an accurate record of the attendance of such pupils, and at the end of each month to make a written report of the same to the board of education having supervision of the school, and to note in said report excused absences, by whom excused, and the reasons therefor." Section 3 That Section 32-2103 of said Chapter relating to the employment of an attendance officer be and the same is hereby amended by striking and repealing said section in its entirety and enacting in lieu thereof the following: "Section 32-2103. Attendance officer. Each county and municipal board of education shall employ an attendance officer whose duty it shall be to report to the Board of Education of the county, or of the city or town, as the case may be, any failure of attendance on the part of pupils between the ages of six and sixteen years, and the failure or refusal of any parent, guardian or person having charge and control of a child between said ages to enroll the child or require his or her attendance in the schools of the county, or of the city or town, as the case may be. The salary of said attendance officer shall be paid monthly by the board employing him or her, out of the public school funds. Any board or local school system failing to comply with this law and failing to employ an attendance officer as herein provided, shall not be entitled to receive funds from the State Treasurv until it is shown that said law is being complied with and that said attendance offic~r has been appointed and has entered upon his or her duties." Section 4 That all laws and parts of laws in conflict with this Act are hereby repealed. Mr. Jones of Brantley moved that the bill be tabled, and the motion was lost. Mr. Woods of Emanuel moved the previous question, the call was sustained and the main question ordered. The committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill, by ubstitute, was agreed to. On the passage of the bill, by substitute, Mr. Allison of Gwinnett moved the sayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.. Aiken Allison Anglin Arnall Atkinson Aultman Barber Barlow Bates MONDAY, MARCH 17, 1941 1147 Bentley Bloodworth Boone Branch Brooks of Mitchell Bynum Caldwell Campbell Chastain Clements Cowart Curry Dallis Dean Dorsey Drinkard Dunaway Dunn Easler Edwards Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Towns Gaston Gill Gillis Gowen Greene Grice Griffin Guerry Hand Hardy Harrison Hartness Hatchett Hicks Inglis Johnson of Pike Jones of Richmond Kea of Laurens Kendrick Kennedy Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure McEntire Mixon Moore of Lumpkin Those voting in the negative were Messrs. Anderson Ansley Blease Bowen Davis Drake Herrin Jones of Brantley Those not voting were Messrs.: Adams Bennett Blackshear Bradbury Bridges Brinson Brooks of Oglethorpe Bruce Callaway Candler Connell Culpepper Dalton Daves Deal Dupree Dyal Elliott Pannell Pickett Rich Richardson Rogers Russell Sheppard Sills Smiley Smith of Barrow Smith of Hall Smitha Suggs Swint Taft Thompson Turner Vickers Weaver Wells of Burke Wells of Clayton Welsch Wilbanks Williams of Harris Williams of Jackson Williams of Ware Witherington Woods Wren Yawn Mcintosh Mims 'Rowland Ennis, J. H. Ennis, Marion Foster of Paulding Fowler Fuller Gavin Goddard Goolsby Graham JOURNAL OF THE HOUSE, Gray Kelley Grayson Key of Jasper Gross Maxwell Hagan McCracken Harden McNall Hardman Miller Harris Mills Hart Moate Heard Moore of Taliaferro Hogg Moss Holtzendorf Musgrove Hooks Parker Horne Pettit Howard Phillips Hunrucutt Pilcher Ingram Pinkston Jackson Pittman Johnson of Chattahoochee Price Joiner Rees Jones of Dodge Reiser Jones of Worth Roberts of Gwinnett Kaigler Roberts of Walton Rossee Roughton Sabados Shannon Simmons Smith of Carroll Smith of Schley Smith of Washington Southwell Strickland Tappan Thigpen Walker Warnock Wells of Telfair Wetherbee Whipple Williams of Bacon Willoughby Wohlwender Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, by substitute, the ayes were IOI, the nays I I. The bill having failed to receive the requisite constitutional majority was lost. Mr. Barber of Colquitt gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. I93 By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senator Couch of the 52nd District- Senate Bill No. 204. A bill to be entitled an Act to amend the charter of the City of Atlanta; and for other purposes. Referred to the Committee on Muncipal Government. By Senator Lewallen of the 33rd District- Senate Bill No. 209. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Banks County; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Couch of the pnd DistrictSenate Bill No. 2I2. A bill to be entitled an Act to provide for receiving tax MONDAY, MARCH 17, 1941 I 149 returns, fixing tax levies and collecting taxes in certain Counties; and for other purposes. Referred to the Committee on Counties and County Matters. By Senator Franklin of the 38th District- Senate Resolution-No. 61-219A. A resolution asking that certain names be taken from public view of the State Hospital; and for other purposes. Referred to the Committee on State of Republic. By Senator Almand of the 27th District- Senate Resolution No. 65-227. A resolution recommending that Miss Moina Michael's book to be used in Public Schools of this State; and for other purposes. Referred to the Committee on Education No. I. Mr. Lovett of Laurens moved that the House do now adjourn, and the motion prevailed. Leaves of absence were granted Messrs. Fuller of Toombs, Horne of Crisp and Foster of Paulding. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock. JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Tuesday, March 18, 1941. The House met pursuant to adjournment this day at g:oo o'clock A. M., was called to order by the Speakt;r and opened with prayer by the Chaplain. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gillis Goddard Goolsby Gowen Graham Greene Grice Griffin Gross Guerry Hand Harden Hardman Hardy Harris Harrison Hart Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure McCracken Mcintosh McEntire McNall Mills Mims Mixon Moate Moore of Lumpkin TUESDAY, MARCH 18, 1941 IISI Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pilcher Pinkston Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Thigpen Thompson Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Witherington Wohlwender Woods Wren Wright Yawn Mr. Speaker Mr. Welsch of Cobb, 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 Jour~al was confirmed. By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents: 1. Reports of Standing Committees. 2. Second reading of bills and resolutions favorably reported. 3 Third reading and passage of local uncontested House and Senate Bills. 4 First reading and reference of Senate Bills. Mr. Mixon of Irwin County, Chairman of the Committee on Academy for the Blind, submitted the follo~ing report: Mr. Speaker: Your Committee on Academy for the Blind 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. 158. Do pass. Respectfully submitted, Mixon of Irwin, Chairman. JOURNAL OF THE HOUSE, Mr. Doresy 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 and resolutions of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: Senate Bill No. II2. Do pass. Senate Resolution No. 53-192B. Do pass. Senate Resolution No. 54-195A. Do pass. Senate Resolution No. p-192A. Do pass. Senate Bill No. 187. Do pass. Respectfully submitted, Dorsey of Cobb, Chairman. Mr. Chastain of Thomas County, Cha-irman 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 wi~h the following recommendation: House Bill No. 657. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Chastain 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. 759 Do pass. House Bill No. 76c4. Do pass. House Bill No. 766. Do pass. Senate Bill No. 209. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. TUESDAY, MARCH 18, 1941 11 53 Mr. Chastain 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. 768. Do pass. Senate Bill No. I89. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. Mr. Pannell of Murray County, Chairman of the Committee on General Judiciary No. I, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. I 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. 748. Do pass. Respectfully submitted, Pannell of Murray, Chairman. Mr: Wells of Burke County, Chairman of the Committee on Halls and Rooms, submitted the following report: Mr. Speaker: Your Committee on Halls and Rooms 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. I s6. Do pass. Respectfully submitted, Wells of Burke, Chairm~n. Mr. Livingston of Polk County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report: Mr. Speaker: Your Committee on Hygiene and Sanitation have had under consideration the following bills of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: Senate Bill No. 77 Do pass. JOURNAL OF THE HOUSE, Senate Bill No. II 1. Do pass. Respectfully submitted, Livingston of Polk, Chairman. Mr. Roughton of Washington County, Chairman of the Committee on Military Affairs, submitted the following report: Mr. Speaker: Your Committee on Military Affairs have had under consideration t~e following l;esolution of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendation: Senate Resolution No. 5T2IoB. Do pass, as amended. Respectfully submitted, Roughton of Washington, Chairman. Mr. Dunaway 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. 761. Do pass. House Bill No. 767. Do pass. House Bill No. 770. Do pass. House Bill No. 765. Do pass, as amended. Respectfully submitted, Dunaway of DeKalb, Chairman. Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker: Your Committee of State of the Republic have had under consideration the following bills and resolutions of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: Senate Bill No. I 50. Do pass. Senate Resolution No. 37-136A. Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. TUESDAY, MARCH 18, 1941 11 55 Mr. Drinkard of Lincoln County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker: Your Committee on State of the Republic have had under consideration the following bills and resolutions of the Senate and have instructed me, as Chairman, to report the same back to the House with the following recommendations: Senate Bill No. 178. Do pass. Senate Resolution No. 61-219A. Do pass. Respectfully submitted, Drinkard of Lincoln, Chairman. Mr. Wetherbee of Dougherty County, Chairman of the Committee on Privileges and Elections, submitted the following report: Mr. Speaker: Your Committee on Privileges and Elections have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the.same back to the House with the following recommendation: Senate Bill No. 173. Do pass, as amended. Respectfully submitted, Wetherbee of Dougherty, Chairman. Mr. Edwards of Taylor County, Chairman of the Committee on Public Highways No. 2, submitted the following report: Mr. Speaker: Your Committee on Public Highways No. 2 have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the House with the following recommendation: House Bill No. 763. Do pass. Respectfully submitted, Edwards of Taylor, 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 bill and resolution of the Senate and House and have instructed me, as Chairman, to report the same back to the House with the following recommendations: Senate Bill No. 168. Do pass, as amended. JOURNAL OF THE HOUSE, House Resolution No. 152. Do pass. Respectfully submitted, Rees of Webster, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Senator Fortson of the 5oth District- Senate Bill No. 77 A bill to be entitled an Act to authorize housing authorities to undertake the development or administration of projects to assure the availability of safe and sanitary dwellings for persons engaged in national defense activities; and for other purposes. By Senator Franklin of the 38th District- Senate Bill No. II 1. A bill to be entitled an Act to amend an Act which provides how the so-called Ellis Health Law as embodied in Chapter 88-3 of said Code may be made operative in any county; and for other purposes. By Mr. Rees ofWebster- House Resolution No. 152. A resolution to cause grand jury investigations of alleged violations of the criminal laws of this State relating to the affairs of the State Government, and especially the criminal laws relating to the State Government purchases; and for other purposes. By Messrs. Allison of Gwinnett, Strickland of Haralson, Pannell of Murray, Weaver, Grice and Bloodworth of Bibb- House Resolution No. 158. A resolution to adopt the report of the Committee of the Academy for the Blind; and for other purposes. By Senator Edenfield of the 4th District- Senate Bill No. 168. A bill to be entitled an Act to provide for more efficient administration of the Public Welfare Laws of this State; and for other purposes. By Senator Guyton of theIst District- Senate Bill No. 173. A bill to be entitled an Act to provide for the indentifica- tion of the voters in all primary elections and elections by ballot within this State; and for other purposes. ' By Senator Couch of the 52nd District- Senate Bill No. 189. A bill to be entitled an Act to amend an Act providing that counties having a population of more than 200,000 shall furnish aid, relief and pensions to regular members of the county police departments; and for other purposes. By Senator Redwine of the 26th District- Senate Bill No. 178. A bill to be entitled an Act to restrict and limit the juris- TUESDAY, MARCH 18, 1941 II 57 diction of the State Board of Tax Appeals created and provided for by Chapter 3 of the act approved January 3, 1938, reorganizing the administration of the revenue laws of Georgia; and for other purposes. By Senator Lewallen of the 33rd District- Senate Bill No. 209. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Banks County; and for other purposes. By Senator Franklin of the 38th District- Senate Resolution No. 61-219A. A resoluti9n directing the State Hospital Au, thority to remove from public view the names of E. D. Rivers, Ellis G. Arnall, R. H. Freeman, Jr., S. W. Howell, and Ivan Allen, Jr., on buildings; and for other purposes. By Messrs. Dorsey of Cobb, MavLty of Walker, Forrester of Dade, Hunnicutt of Clarke, and Wright of Gilmer- House Bill No. 748. A bill to be entitled an Act to amend an Act which relates to granting continuances in court when a party or counsel is absent from such court by reason of his attendance as a legislator on the General Assembly; and for other purposes. By Mr. Heard of Elbert- House Bill No. 759 A bill to be entitled an Act to require the payment of fees of clerks and sheriffs of the Superior Court in Divorce cases in Elbert County; and for other purposes. By Mr. Harrison of Jenkins- House Bill No. 761. A bill to be entitled an Act to amend an Act to create a new charter for the City of Millen; and for other purposes. By Messrs. McNall, Grayson and Atkinson of Chatham- House Bill No. 763. A bill to be entitled an Act to amend the Highway Mileage Act to provide additional mileage on a new road to be constructed across the Savannah River in Chatham County; and for other purposes. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton- House Bi11 No. 764. A bill to be entitled an Act to amend an Act concerning powers of Commissioners of Roads and Revenues of any county having a population of 200,000 or more; and for other purposes. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton- House Bill No. 765. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton- House Bill No. 766. A bill to be entitled an Act to define the word "fireworks" JOURNAL OF THE HOUSE, as applied in counties of 200,000 or more; and for other purposes. By Mr. Kendrick of Fulton- House Bill No. 767. A bill to be entitled an Act to amend the Pension Act of the City of Atlanta; and for other purposes. By Messrs. Smithil and Smith of Carroll- House Bill No. 768. A bill to be entitled an Act to amend an Act creating the City Court of Carrollton; and for other purposes. By Messrs. Maddox, Hicks and Rogers of Floyd- House Bill No. 770. A bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome; and for other purposes. By Mr. Turner of DeKalb- House Resolution No. I s6. A resolution requesting that the Speaker of the House appoint a committee of five to investigate the feasibility and practicability of installing permanent amplifiers in the Assembly Hall; and to investigate the cost in connection with the installation of voting equipment; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 657. A bill to be entitled an Act to regulate the sale or distribution of fire works in every county having a population of not less than 57,000 and not more than 8o,ooo; and for other purposes. By Senator Gross of the 2oth District- Senate Bill No. 112. A bill to be entitled an Act to propose an amendment to the Constitution of Georgia so as to authorize counties, municipal corporations and political divisions of this State to refund any outstanding bonded indebtedness, matured or unmatured; and for other purposes. By Senator Edenfield of the 4th District- Senate Resolution No. 37-136A. A resolution proposing that the United States Senators and members of Congress representing Georgia in the National Congress be and they are hereby respectfully urged to use their best efforts to secure the enactment of legislation by the National Congress declaring as navigable only those rivers and streams which are navigable and that rivers and streams not navigable in fact be declared by statute; and for other purposes. By Senator Redwine of the 26th District- Senate Bill No. I 50. A bill to be entitled an Act to create a Department of Public Safety for Georgia; and for other purposes. By Senator Campbell of the 34th DistrictSenate Bill No. 187. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Hart County to issue Refunding Bonds; and for other purposes. TUESDAY, MARCH 18, 1941 II 59 By Senator Houston of the 51st District- Senate Resolution No. 52-192A. A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia so as to provide that the successors of present and subsequent incumbents in the office of solicitor general shall be elected by the electors of their respective judicial circuits; and for other purposes. By Senator Houston of the 51st District- Senate Resolution No. 53-192B. A resolution proposing to the qualified voters of Georgia an amendment so as to provide that the successors of present and subsequent incumbents in the office of judge of the superior courts, shall be elected by the electors of their respective circuits; and for other purposes. By Senator Whaley of the 45th District- Senate Resolution No. 54-195A. A resolution providing for the issuance of Funding Bonds for the County of Irwin for the purpose of paying off the current warrant indebtedness of said county; and for other purposes. By Senator Gross of the 2oth District- Senate Resolution No. 51f2IoB. A resolution memorializing Congress and those in charge of the Selective Service Act to provide for the deferment of military training on the part of dental students; and for other purposes. By unanimous consent, the following bills of the House and Senate were read the third time, and placed upon their passage: By Senator Whaley of the 45th District- Senate Bill No. 196. A bill to be entitled an Act to amend an Act so as to empower the City of McRae to pave, macadamize, etc., streets, sidewalks, footways, roads, etc., within the corporate limits of the City of McRae; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Griffin of Wilkes- House Bill No. 732. A bill to be entitled an Act to establish the City Court of Washington; and for other purposes. The following amendment to House Bill No. 732 was read and adopted: Mr. Griffin of Wilkes moves to amend House Bill No. 732 by striking Section 44 of said bill and substituting in lieu thereof a Section to be known as Section 44 of House Bill No. 732, to read as follows: "Section 44 Be it further enacted that this Act shall not become effective until the same shall have been approved by a majority of the qualified voters of u6o JOURNAL OF THE HOUSE, Wilkes County voting in the general election held in June, 1941. All persons voting at said election shall have written or printed on their ballots the words "For the establishing of the City Court of Washington in and for the County of Wilkes" and "Against the establishing of the City Court of Washington in and for the County of Wilkes". Should a majority of those voting in said election vote "For the establishing of the City Court of Washington in and for the County of Wilkes", then this Act shall become of full force and effect as soon as such result shall have been declared by the Ordinary of the County; should a majority of those voting in said election vote "Against the establishing of the City Court of Washington in and for the County of Wilkes", then this Act shall be null and void and remain inoperative. It shall be the duty of said Ordinary to declare the result of said election within five days from the date of the holding of said election." By adding at the end of said House Bill No. 732 a paragraph to be known as Section 45 thereof, to read as follows: "Section 45 Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with any of the provisions of 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 as amended. On the passage of the bill, as amended, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Mr. Allison of Gwinnett- House Bill No. 742. A bill to be entitled an Act to amend an Act to fix the salary of the Treasurer of Gwinnett County in lieu of commissions as now paid; and for other purposes: The report 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 o. The bill having received the requisite constitutional majority was passed. By Mr. Dean of Rockdale- House Bill No. 752. A bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Rockdale; and for other purposes. The following substitute to House Bill No. 752 was read and adopted. By Mr. Dean of Rockdale- AN ACT An Act to amend an Act to create the office of Commissioner of Roads and Reve- TUESDAY, MARCH 18, 1941 nues for the County of Rockdale, and for other purposes, approved February 18, 1941, by changing the manner of appointment of advisers to said Commissioner; by changing the manner of election of said Commissioner, and providing that said Commissioner may retain persons in the employ of Rockdale County even though they may be related to him, 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 J, of the Act to create the office of Roads and Revenues for the County of Rockdale, approved February 18, 1941, is herewith stricken in its entirety and a new section is substituted in lieu thereof to read as follows: "Section 3 Two advisers shall be named by the Grand-jury of Rockdale County after the election of said Commissioner, to serve terms concurrent with the Commissioner so elected." SECTION 2. Section 5 of said Act being House Bill No. 284, creating the office of Commis- sioner of Roads and Revenues for the County of Rockdale, approved February 18, 1941, is amen.ded by adding a new section to be numbered (SA) and to provide as follows: "Provided, however, that in the event either of the two candidates receiving the highest vote does not desire to participate in a run off election, as provided, such candidate shall so declare in writing to the Ordinary of Rockdale County before time for the run off election, and said Ordinary shall declare the remaining candidate elected as such Commissioner, and shall so certify to the Governor of Georgia, who shall commission said winner as provided in said Act." SECTION 3 Said Act to create.the office of said Commissioner, and approved February 18, 1941, and being House Bill No. 284, is further amended, by the striking of the first sentence of Paragraph 19, of said Act, and substituting in lieu thereof the following sentence: "It shall be unlawful for said Commissioner to employ any person related to him within the third degree by blood or l!larriage, unless such person be now in the employ of said County and any such Commissioner may retain said person in the employ of Rockdale County, nor shall he contract with such person for any equipment, material or supplies, except same be upon competitive bids and the person so related submit the lowest bid therefor." SECTION 4 Be it further enacted that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute. JOURNAL OF THE HOUSE, On the passage of the bill, by substi~ute, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By Messrs. Hunnicutt and Price of Clarke- House Bill No. 754 A bill to be entitled an Act to amend an Act of the Legislature to establish a City Court in the County of Clarke; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Messrs. Maddox, Rogers, and Hicks of Floyd- House Bill No. 756. A bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. Mr. Mason of Morgan moved that the House reconsider its action in failing to pass the following bill of the House: By Messrs. Mason of Morgan, Moate of Hancock, Brinson of Chattooga, Whipple of Bleckley, and Mrs. Mankin of Fulton- House Bill No. 351. A resolution proposing an amendment to the Constitution of Georgia so as to permit the taxing of the Georgia Railroad and Banking Company, and other similar corporations; and for other purposes. On the motion to reconsider, the ayes were 89, the nays 46. The bill was reconsidered. By unanimous consent, the following bill of the House was withdrawn from further consideration of the House: By Mr. Jackson of Henry- House Bill No. 753 A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues of Henry County so as to provide for an increase in compensation for the Chairman and members of the Board and Clerk of the Board; and for other purposes. Mr. Hatchett of Meriwether moved that the House reconsider its action in failing to pass the following bill of the House: TUESDAY, MARCH 18, 1941 By Messrs. Barber and Barlow of Colquitt- House Bill No. 193. A bill to be entitled an Act to amend the Code of Georgia of 1933 so as to broaden the scope of the compulsory school attendance by including children between the ages of six and sixteen; and for other purposes. The motion to reconsider prevailed. Mr. Hatchett of Meriwether moved that the House reconsider its action in failing to pass the following bill of the House: By Messrs. Hatchett and Thompson of Meriwether, Caldwell of Troup, Ford of Worth, and Whipple of Bleckley- House Bill No. 392. A bill to be entitled an Act to amend the Code of Georgia of 1933, so as to provide that the State Board of Education shall approve contracts between County Boards of Education and School Bus Drivers; and for other purposes. On the motion to reconsider, the ayes were 63, the nays 6o. The bill was reconsidered. Mr. Hicks of Floyd moved that the House reconsider its action in failing to pass the following bill of the House: By Mr. Hicks of Floyd- House Bill No. 146. A bill to be entitled an Act to protect the position of persons called into the armed forces of the United States; and for other purposes. The motion to reconsider prevailed. The following report of the Committee on Rules was submitted and read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your Committee on Rules having had under consideration the matter of fixing a calendar for Tuesday, March 18, 1941, submits the following report: This committee recommends that the following bills be set as special and continuing order of business on said date. I. Senate Bill No. 78. Labor Bill. 2. House Bill No. 377 Taxi cabs to deliver passenger to destination. 3 Senate Bill No. 172. Motion Pictures, purpose of disagreeing. 4 House Bill No. 686. Country county doctor bill. 5 House Bill No. 121. Protecting landlords and material men. 6. House Bill No. 545 Peace officers. 7 House Resolution No. 45-243A. Four year term for general assembly. JOURNAL OF THE HOUSE, 8. House Bill No. 594 Limiting size of pulp wood timber. 9 House Resolution No. I2J-7I 5C. Refunding money for building room at Alto. IO. House Bill No. 102. Powers of probation officers. I 1. House Bill No. 246. Limitations of security deed. I2. House Resolution No. 25-I07. Appropriation for air corp. IJ. House Bill No. 2I9. Pharmacy. I4. House Bill No. 366. Four year term for Comm. of Labor. I 5 House Bill No. 748. Legal excuse of members of House and Senate. I6. House Bill No. 698. Forest fire protection. I7. House Bill No. 527. Surety bonds for county officers. Respectfully submitted, Evans of McDuffie, Chairman. Drinkard ~f Lincoln, Secretary. The following amendment to the report of the Committee on Rules was read: Mr. Mims of Miller County moves to amend the report of the Committee on Rules, and the Calendar for the day as fixed by the Committee on Rules by adding House Bill No. 59 upon the calender at the top of the same. Mr. Mims of Miller moved the adoption of the amendment to the report of the Committee on Rules. On the motion to amend, the ayes were I9, the nays 97 The motion was lost. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate, te-wit: By Senator Campbell of the 34th District- Senate Bill No. 211. A bill to be entitled an Act to provide that no appropriation shall become available to any spending agency of the State so long as there remains an amount due and unpaid to any local school unit under the provisions of the "Act to Equalize Educational Opportunities Throughout the State; etc." approved February 10, 1937 (Ga. Laws 1937, pp. 882-892); and for other purposes. Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: TUESDAY, MARCH IS, I94I By Senator Edwards of the 6th District- Senate Bill No. 78. A bill to.be entitled an Act to regulate labor organizations; to prevent labor organizations from collecting dues from persons employed on projects being financed by tax-payers' money; and for other purposes. The following substitute, by Mr. Rogers of Floyd, to Senate Bill No. 78 was read: AN ACT Entitled to declare the public policy of the State of Georgia in regard to agreements restricting, or demands to restrict the right of any person to work or perform labor; to declare agreements or demands restricting the right to work to those joining or belonging to organizations, corporations, labor unions or associations illegal, null and void; to declare strikes, boycotts or other concerted activities in support of agreements or demands restricting the right to work to members of associations, corporations or organizations illegal; to declare picketing in support of such demands, agreements or activities illegal, and a conspiracy to violate the law and public policy of the State; to provide that the unconstitutionality of any part of this Act shall not affect any remaining part of this Act; to provide for penalties for a violation of this Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That, whereas, the right to work, labor and have employment is fundamental, and should not be interfered with, or made subject to the payment of money to any private person, firm, corporation, association, organization, labor union, or anyone else, except to the payment of such taxes to such government as may have the right to levy and collect such tax; and WHEREAS, to permit any such person, firm, corporation, association, organization, labor union, or any one else to require, as a condition of employment, that any person desiring to work must be, or become, or remain a member of such person, firm, corporation, association, or organization, or be affiliated therewith, or pay dues, assessments, fines or contributions is to permit the violation of such fundamental right: NOW, THEREFORE, it is hereby declared to be the Public Policy of the State of Georgia that any agreement restricting, or any demand to restrict the right of any person to work or perform labor, unless such person shall join or remain a member, or be affiliated or associated with an organization, association, corporation or labor union is and shall be illegal, and any agreement shall be null and void; and any agreement for what is known as a union shop, closed shop, preferential shop, protective shop, or any demand therefor is illegal, and contrary to the public policy of the State of Georgia; such agreements and demands tending to create monopolies, and to levy tribute on the free right to work and make a livelihood. Any agreement requiring, or any demand that any person be required to be associated, affiliated, or be or remain a member of, or pay dues, initiation fees, assessments or fines to any association, firm, person, corporation, organization or labor union, or that such person be discharged, laid off, or otherwise be discriminated against or penalized as to employment, or the right to work is hereby declared to be illegal, and contrary to the public policy of the u66 JOURNAL OF THE HOUSE, State. The discharge, lay-off, penalty or discrimination against any person by reason of any such agreement or demand is illegal and void as contrary to public policy. SECTION 2. Any strike, stoppage of work, concerted activity, boycott or threat thereof, contrary to the public policy herein declared, is hereby declared to be illegal, and prohibited, and shall subject the person or persons making, procuring or threatening the same to suits at law or in equity for damages or other relief by any person injured or threatened. SECTION 3 Any picketing, by two or more persons, of any kind, in violation of the public policy hereby declared, or to enforce any agreement or demand for any agreement hereby declared illegal, is hereby declared a conspiracy to violate the law and public policy of the State of Georgia. Any person guilty of such conspiracy shall be guilty of a misdemeanor, and upon conviction shall be fined not more than One Thousand ($r,ooo.oo) Dollars, imprisoned in the jail not more than six months and confined at hard labor not more than twelve months. SECTION 4 If any part or Section of this Act shall be declared illegal or unconstitutional, the same is hereby declared to be separable, and the remaining Sections or parts shall not be affected, but shall remain in full force and effect. SECTION 5 All laws and parts of laws in conflict with this Act are hereby repealed. Mr. Lester of Richmond moved the previous question, the call was sustained and the main question ordered. ' The following amendment to the original bill was read and adopted: Mr. Bloodworth of Bibb moves to amend Section four in Senate Bill No. 78 by adding to the end of said section the following proviso: "provided nothing contained in this section shall prevent any Union from accepting any dues or fees voluntarily offered or tendered by any such worker". The following amendment to the Rogers substitute was read and adopted: Mr. Wetherbee of Dougherty moves to amend the substitute for Senate Bill No. 78 by adding a new section appropriately numbered as follows: PI,'ovided that none of the provisions of this Act shall apply to persons or employees working under the National Railway Labor Act. The substitute, as amended, was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, Mr. Pickett of Pickens moved the ayes and nays, and the call was sustained. The roll was called and the vote was as follows: TUESDAY, MARCH 18, 1941 1167 Those voting in the affirmative were Messrs.: Adams Allison Anderson Anglin Ansley Barber Barlow Bennett Blease Bowen Boone Bridges Brooks of Mitchell Bruce Bynum Caldwell Callaway Chastain Clements Curry Dallis Dalton Davis Dean Drake Drinkard Dunn Dupree Dyal Easler Edwards Ferguson of Camden Ferguson of Sumter Ford Foster of Towns Fuller Gavin Gill Gillis Goolsby Graham Greene Griffin Harden Hardy Harrison Hartness Herrin Holtzendorf Hooks Ingram Johnson of Pike Jones of Dodge Jones of Worth Kaigler Kea of Laurens Looper Lovett Mason Maund McClure Mcintosh McEntire Mills Mixon Moate Moore of Lumpkin Moss Pannell Parker Those voting in the negative were Messrs.: Aiken Arnall Atkinson Aultman Bates Bloodworth Campbell Cowart Deal Dorsey Elliott Ennis, Marion Etheridge Forrester Gaston Goddard Gowen Grayson Grice "Gross Pettit Phillips Pickett Pinkston Rees Reiser Rich Richardson Roberts of Walton Rogers Rowland Russell Sheppard Smith of Schley Smitha Southwell Strickland Taft Thigpen Thompson Vickers Walker Warnock Wells of Burke Wells of Clayton Wells of Telfair Wetherbee Wjlbanks Williams of Bacon Williams of Harris Williams of Jackson Witherington Wr~;~n Wright Yawn Hardman Harris Heard Hicks Hunnicutt Jackson Johnson of Chattahoochee Joiner Jones of Brantley Jones of Richmond u68 JOURNAL OF THE HOUSE, Kelley Kendrick Kennedy Lester Lewis Maddox Mankin Mann Martin Mavity McCracken Miller Mims Musgrove Pilcher Price Roberts of Gwinnett Sabados Shannon Simmons Smiley Smith of Barrow Smith of Washington Suggs Swint Tappan Turner Weaver Whipple Williams of Ware Willoughby Wohlwender Those not voting were Messr~.: Bentley Blackshear Bradbury Branch Brinson Brooks of Oglethorpe Candler Connell Culpepper Daves Dunaway Ennis, J. H. Foster of Paulding Fowler Gray Guerry Hagan Hand Hart Hatchett Hogg Horne Howard Inglis Key of Jasper Livingston Maxwell McNall Moore of Taliaferro Pittman Rossee Roughton Sills Smith of Carroll Smith of Hall Welsch Woods On the passage of the bill, as amended, the ayes were 105, the nays 62. The bill having received the requisite constitutional majority was passed, as amended. Mr. Kendrick of Fulton gave notice that at the proper time he would move that the House reconsider its action in passing Senate Bill No. 78. Mr. Yawn of Dodge moved that Senate Bill No. 78 be immediately transmitted to the Senate. On the motion to immediately transfer, Mrs. Mankin of Fulton moved the ayes and nays and the call was not sustained. On the motion to immediately transfer, the ayes were 102, the nays 49 The bill was ordered immediately transferred to the Senate. The following communication was read: March 18, 1941. To the House of Representatives: I am sincerely sorry that my remarks made to the House of Representatives last TUESDAY, MARCH 18, 1941 night were misinterpreted. I meant no offense to any member of the House or any other person. As a former member of the House and from my association with you as a Senator, I have the highest respect for each of you. I trust that the House will accept by humble apologies for anything I said that was out of order. Sincerely yours, H. B. Edwards, State Senator, Sixth District. Mr. Wohlwender of Muscogee moved that the House accept the apology of Senator Edwards, and the motion prevailed. Under the order of business established by the Committee on Rules, the following bill of the House was again taken up for consideration: By Messrs. Pickett of Pickens and Hagan of Screven- House Bill No. 377 A bill to be entitled an Act requiring taxi-cabs to deliver persons to their desired destinations; and for other purposes. Mr. Harris of Richmond moved the previous question, the call was sustained and the main question ordered. An amendment offered by Mr. Pickett of Pickens was ruled out of order by the Speaker. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 136, the nays 5 The bill having received the requisite constitutional majority was passed. Mrs. Mankin of Fulton asked to be recorded in the Journal as voting against House Bill No. 377: Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for the purpose of considering the unfavorable report of the Committee on General Judiciary No. 1: By Senator Edenfield of the 4th District- Senate Bill No. 172. A bill to be entitled an Act to regulate the distribution of motion picture films, providing terms and conditions of licensing the same, and providing penalties for violation of this Act; and for other purposes. Mr. Dorsey of Cobb moved that the House disagree to the unfavorable report of the committee. On the motion to disagree, Mr. Turner of DeKalb moved the ayes and nays, and the motion was lost. JOURNAL OF THE HOUSE, On the motion to disagree, the ayes were 76, the nays 45 The unfavorable repor~ of the committee, was disagreed to. Senate Bill No. I7'2 was read the second time. The following resolution of the House was read: By Mr. Brooks of Mitchell- House Resolution No. I6I. A resolution requesting the capitol restaurant to serve Georgia ham in lieu of Virginia ham. By unanimous consent, the House recessed for one hour. 2:00 o'clock P. M. The Speaker called the House to order. By unanimous consent, the call of the roll was dispensed with. The following report of the Committee on Rules was submitted and read: Mr. Speaker: REPORT OF COMMITTEE ON RULES Your Committee on Rules having had under consideration the fixing of a calendar for the afternoon session, Tuesday, March I8, I94I, submits the following report: Your Committee recommends the following bills and resolutions be set as a special and continuing order of business for said session: I. House Bill No. 686. Country County Doctors bilL '2. House Bill No. I'll. Protecting landlords and materialmen liens. 3 House Bill No. 545 Peace Officers bill. 4 House Resolution No. 45-243A. Four-year term for General Assembly. 5 House Bill No. 594 Limiting size of pulp-wood timber. 6. House Resolution No. I23-71 5C. Refunding money for building at Alto. 7 House Bill No. 102. Powers of Probation Officer. 8. House Bill No. 246. Limitations of Security Deeds. 9 House Resolution No. 25-I07. Appropriation for Air Corp. IO. House Bill No. 219. Pharmacy bill. I 1. House Bill No. 366. Four-year term for Commissioner of Labor. I'2. House Bill No. 698. Forest Fire Protection. 13. House Bill No. 527. Surety Bonds for County Officers. TUESDAY, MARCH 18, 1941 14. House Bill No. 289. Public Service Commission authority over water works. 15. House Bill No. 685. Advertisement of Constitutional Amendments. J6. House Bill No. 482. Payment of premiums on tax collector's bonds. 17. House Bill No. 145. Relieving tax assessors disability. 18. House Bill No. 252. Compensation of clerks. 19 House Bill No. 463. Exempting Postal employees of jury duty. 20. House Bill No. 748. Legal excuses of members of General Assembly. 21. House Resolution No. 76-446B. Reimburse Catoosa County for trial of Coates. 22. House Bill No. 6o6. Suits against Insurance Companies. 23. House Bill No. 236. Barbers and Beauticians bill. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. 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. Bates of Ware, Deal of-Bulloch, Daves of Dooly, Walker of Grady, Smitha of Carroll, Taft of Atkinson, and Willoughby of Clinch- House Bill No. 686. A bill to be entitled an Act to create scholarships to be given students at the University of Georgia School of Medicine upon condition that they live and practice for four years in rural communities; to provide for the cancellation of the license to practice medicine of any person who receives such scholarship and does not comply with the condition or return the money; to make appropriation for this purpose to the Regents; and for other purposes. The House was resolved into the Committee of the Whole House to consider House Bill No. 686, and the Speaker designated Mr. Elliott of Muscogee as the Chairman thereof. The Committee of the Whole House arose, and through its chairman, reported the bill back to the House With the recommendation that the same do pass, as amended. Mr. Gross of Stephens moved the previous question, the call ~as sustained and the main question ordered. The following Committee of the Whole House amendments to House Bill No. 686 were read and adopted: The Committee moves to amend House Bill No. 686 by adding at the end of and as a part of the last sentence of section one the following: "and shall select the four year period for each Student to practice in such county." JOURNAL OF THE HOUSE, The Committee moves to amend Section 2 of House Bill No. 686 by adding at the end of line three of said section after the word "medicine" the following "or internship approved by the regents". The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. The roll call was ordered, and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Bruce Caldwell Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Davis Deal Dean Drake Dunaway Dunn Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gavin Gill Gillis Goddard Goolsby Gowen Graham Greene Grice Griffin Gross Guerry Hand Harden Hardman Hardy Harris Harrison Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Looper Maddox Mankin Martin Mason McClure McCracken Mcintosh Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Pannell Parker Pettit Phillips Pilcher Pinkston Price TUESDAY, MARCH 18, 1941 II7J Reiser Roberts of Gwinnett Roberts of Walton Rogers Rossee Roughton Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Telfair Wetherbee Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wohlwender Woods Wren Wright Yawn Those voting in the negative were Messrs.: Jones of Brantley Those not voting were Messrs.: Blackshear Boone Brooks of Oglethorpe Bynum Callaway Daves Dorsey Drinkard Dupree Gaston Gray Grayson Hagan Hart Hogg Horne Howard Joiner Livingston Lovett Mann Maund Mavity Maxwell McEntire McNall Miller Mills Moss Musgrove Pickett Pittman Rees Rich Richardson Rowland Smith of Carroll Smith of Hall Wells of Clayton Welsch Whipple Wilbanks By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 161, the nays 1. The bill having received the requisite constitutional majority was passed, as amended. By unanimous consent, House Bill No. 686 was ordered immediately transmitted to the Senate. By Messrs. Thompson and Hatchett of Meriwether- House Bill No. 121. A bill to be entitled an Act to amend the Code of Georgia of 1933 so as to provide that work done and materials furnished in the improvement of real estate, and for which liens have been created, said lien shall not been forced un- 1174 JOURNAL OF THE HOUSE, less owner of said real estate shall have been notified in writing by a person doing the work or furnishing the material; and for other purposes. Mr. Culpepper of Fayette moved the previous question, the call was sustained and the main question ordered. The following Committee substitute to House Bill No. I2I was read: A BILL To be entitled an Act Prohibiting any architect, landscape architect, engineer, contractor, sub-contractor, or other person, with intent to defraud, using the proceeds of any payment made on account of improvement of real property for any other purpose than to pay for labor or services performed or material furnished; to provide penalty for violation; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME: SECTION I Any architect, landscape architect, engineer, contractor, sub-contractor, or other person who, with intent to defraud, shall use the proceeds of any payment made to him on account of improving certain real property for any other purpose than to pay for labor or service performed on or materials furnished by his order for this specific improvement, while any amount for which he may be or become liable for such labor, serVices, or materials remains unpaid shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than ten years. A failure to pay for the material or labor so furnished shall be prima facie evidence of intent to defraud. 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 amendment to the committee substitute was read and adopted: Messrs. Wohlwender of Muscogee, Lewis of Burke move to amend the Substitute for House Bill No. I 2 I, as follows: By striking the words "ten years", and inserting in lieu thereof "five years", and substituting a comma for the period after the word "years", and adding thereafter the following: "or upon the recommendation of the jury, or in discretion of the trial judge, punished for a misdemeanor." The Committee Substitute, as amended, was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended. On the passage of the bill, by substitute, as amended, the ayes were I2I, the nays 6. TUESDAY, MARCH 18, 1941 1175 The bill having received the requisite constitutional majority was passed by substitute, as amended. The following message was received from the Senate through Mr. Camp, 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. Heard of Elbert- House Bill No. 557 A bill to require the county school superintendent of Elbert County to publish annually a statement of monies collected and disbursed through his office, to repeal conflicting laws; and for other purposes. By Mr. Fowler of Douglas- House Bill No. 610. A bill to amend an Act incorporating the town of Douglasville in the County of Douglas, to provide a new charter and municipal government for said town; and for other purposes. By Mr. Fowler of Douglas- House Bill No. 611. A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the Town of Douglasville; and for other purposes. By Messrs. Candler and Turner of DeKalb- House Bill No. 617. A bill to amend an Act approved August 17, 1909 creating and establishing a new Charter for the City of Decatur; and for other purposes. By Messrs. Candler, Turner and Dunaway of DeKalb- House Bill No. 618. A bill to amend an Act empowering the governing authorities of the City of Decatur in .DeKalb County to make regulations regarding zoning and city planning, by providing for the appointment of a plann,ing Board; and for other purposes. By Mr. Bridges of Early- House Bill No. 637. A bill to change the time of holding the Superior Court of Early County; and for other purposes. By Messrs. Kea and Lovett of Laurens- House Bill No. 689. A bill to create a new Charter for the City of Dublin; and for other purposes. By Messrs. Lovett and Kea of Laurens- House Bill No. 690. A bill to amend the Act entitled an Act to create a new Charter for the City of Dublin; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Campbell and Livingston of Polk- House Bill No. 709. A bill to amend an Act to amend an Act entitled "An Act to incorporate the town of Van Wert, in the County of Polk"; and for other purposes. By Messrs. Jones, Lester and Harris of Richmond- House Bill No. 711. A bill to amend the Civil Service Commission of the City of Augusta; and for other purposes. By Messrs. Yawn and Jones of Dodge- House Bill No. 718. A bill to amend an Act approved August 15, 1922, Georgia Laws 1922, pages 253 and 254, which amends an Act to establish the City Court of Eastman; and for other purposes. By Senator Campbell of the 34th District- Senate Bill No. 200. A bill to amend an Act approved March 19, 1937 (Ga. Laws 1937, pp. J22-J55), creating a Department of Public Safety and defining the powers and duties thereof; and for other purposes. By Senator Kirkland of the 49th District- Senate Bill No. 219. A bill to authorize certain districts of Bulloch County to levy an additional tax as provided in the Act of 1939; and for other purposes. By Senator Barnhill of the 5th District- Senate Bill No. 222. A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Clinch County; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following bills of the House, ta-wit: By Mr. Rowland of Johnson- House Bill No. 598. A bill to Create a Board of Commissioners of Roads and Revenues for the county of Johnson; and for other purposes. By Mr. Rossee of Putnam- House Bill No. 417. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the county of Putnam; and for other purposes. The following amendment to the report of the Committee on Rules was submitted and read: Mr. Mixon of Irwin moves to amend the report of the Committee on Rules for the afternoon session of Tuesday, March 18, by placing House Bill No. 750 on the calendar in the fourth place from the top. This bill seeks to amend the present liquor TUESDAY, MARCH 18, 1941 law so as wet counties may hold elections for the purpose of voting if the people so desire. Furthermore, this bill has been engrossed and cannot be amended or substituted. Mr. Mixon of Irwin moved the amendment to the report of the Committee on Rules be adopted. On the motion to adopt, Mr. Whipple of Bleckley moved the a,yes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Allison Anglin Arnall Aultman Barber Bradbury Bridges Brinson Callaway Campbell Chastain Clements Davis Drake Drinkard Easler Ennis, Marion Ford Forrester Foster of Paulding Foster of Towns Graham Griffin Gross Hardman Hartness Hatchett Hunnicutt Ingram Jackson Joiner Jones of Dodge Jones of Richmond Jones of Worth Kelley Looper Martin McClure McCracken Mcintosh McEntire Mills Mims Mixon Moore of Lumpkin Moore of Taliaferro Musgrove Pannell Pettit Phillips Pilcher Price Reiser Roberts of Gwinnett Rossee Roughton Rowland Russell Sheppard Smith of Hall Smith of Washington Smitha Southwell Walker Warnock Wells of Clayton Whipple Williams of Bacon Williams of Harris Wren Those voting in the negative were Messrs.: Adams Aiken Anderson Ansley Atkinson Bates Bentley Bloodworth Bowen Boone Brooks of Mitchell Bruce Bynum Caldwell Candler Connell Cowart Culpepper Dallis Dalton Deal Dorsey Dunaway Dupree Edwards Elliott Ennis, J. H. Etheridge Ferguson of Camden Ferguson of Sumter JOURNAL OF THE HOUSE, Fowler Kennedy Fuller Key of Jaspe~ Gavin Lewis Gillis Livingston Goddard Lovett Goolsby Maddox Gowen Mankin Grice Mason Guerry Mavity Hand Moate Harris Parker Harrison Pinkston Herrin Richardson Hicks Roberts of Walton Hooks Rogers Inglis Sabados Johnson of Chattahoochee Shannon Kaigler Sills Kea of Laurens Simmons Kendrick Smiley Smith of Barrow Smith of Schley Strickland Swint Taft Thompson Vickers Weaver Wells of Burke Wells of Telfair Welsch Wetherbee Wilbanks Williams of Jackson Williams of Ware Witherington Wohlwender Woods Yawn Those not voting were Messrs.: Barlow Bennett Blackshear Blease Branch Brooks of Oglethorpe Curry Daves Dean Dunn Dyai Gaston Gill Gray Grayson Greene Hagan Harden Hardy Hart Heard Hogg Holtzendorf Horne Howard Johnson of Pike Jones of Brantley Lester Mann Maund Maxwell McNall Miller Moss Pickett Pittman Rees Rich Smith of Carroll Suggs Tappan Thigpen Turner Willoughby Wright The roll call was verified. On the motion to adopt the amendment, the ayes were 70, the nays 89. The motion was lost. The following resolution of the House was again read and adopted: By Mr. Brooks of Mitchell- House Resolution No. 161. A resolution requesting the capitol restaurant to serve Georgia ham in lieu of Virginia ham. TUESDAY, MARCH 18, 1941 1179 Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time: By Mr. Pinkston of Terrell- House Bill No. 545 A bill to be entitled an Act to repeal an Act relating to fees of certain officials for collecting tax executions; and for other purposes. A Committee substitute to House Bill No. 545 was read. Mr. Jones of Brantley moved the previous question, the call was sustained and the main question ordered. Mr. Blease of Brooks moved that the bill be tabled. On the motion to table, the ayes were 68, the nays 57 The bill was tabled. By Mr. Bradbury of Oconee- House Resolution No. 45-243A. A resolution proposing to the people of Georgia an amendment to the Constitution so as to fix the terms of office of the members of the General Assembly at four years; and for other purposes. Mr. Rogers of Floyd moved that the resolution be tabled. On the motion to table, Mr. Bradbury of Oconee moved the ayes and nays and the call was not sustained. On the motion to table, the ayes were 64, the nays 55 The resolution was tabled. By Mr. Anderson of Wayne- House Bill No. 594 A bill to be entitled an Act to make it illegal to cut pine trees of a certain size; and for other purposes. Mr. Fuller ofToombs moved that the bill be tabled. On the motion to table, Mr. Anderson of Wayne moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Arnall Atkinson Boone Brinson Brooks of Oglethorpe Bynum Campbell Clements Connell Cowart Davis Edwards Ennis, J. H. Ennis, Marion Ford Fuller Gill Griffin Hardman Hatchett Jackson II8o JOURNAL OF THE HOUSE, Joiner Jones of Worth Kelley Kennedy Lewis Martin Mason Mavity Mcintosh McEntire Mills Moate Moore of Taliaferro Pannell Pettit Pilcher Reiser Rossee Sheppard Simmons Smiley Smith of Hall Williams of Harris Those voting in the negative were Messrs.: Adams Aiken Anderson Anglin Ansley Aultman Barber Barlow Bates Bennett Bentley Blease Bloodworth Bowen Branch Bridges Brooks of Mitchell Bruce Caldwell Candler Chastain Culpepper Curry Dallis Dalton Deal Dorsey Drinkard Dunaway Dupree Dyal Easler Etheridge Ferguson of Camden Ferguson of Sumter Foster of Paulding Foster of Towns Gavin Gillis Moss Goddard Musgrove Gowen Parker Graham Phillips Greene Pinkston Grice Richardson Gross Roberts of Gwinnett Guerry Rogers Hand Roughton Harden Rowland Hardy Russell Harris Sabados Harrison Shannon Hartness Sills Heard Smith of Barrow Herrin Smith of Schley Hicks Smitha Holtzendorf Southwell Hooks Strickland Hunnicutt Suggs Inglis Swint Ingram Taft Johnson of Chattahoochee Tappan Jones of Brantley Thigpen Jones of Dodge Thompson Jones of Richmond Vickers Kaigler Walker Kea of Laurens Warnock Key of Jasper Weaver Livingston Wells of Burke Lovett Wells of Clayton Maddox Wells of Telfair Mankin Welsch McClure Wetherbee McCracken Whipple Mims Wilbanks Mixon Williams of Bacon Moore of Lumpkin Williams of Jackson TUESDAY, MARCH I8, I94I II8I Williams of Ware Witherington Wohlwender Woods Wren Yawn Those not voting were Messrs.: Allison Blackshear Bradbury Callaway Daves Dean Drake Dunn Elliott Forrester Fowler Gaston Goolsby Gray Grayson Hagan Hart Hogg Home Howard Johnson of Pike Kendrick Lester Looper Mann Maund Maxwell McNall Miller Pickett Pittman Price Rees Rich Roberts of Walton Smith of Carroll Smith of Washington Turner Willoughby .Wright By unanimous consent, the verification of the roll call was dispensed with. On the motion to table, the ayes were 44 the nays I I9. The motion to table was lost. Mr. Hagan of Screven moved the previous question, the call was sustained and the main question ordered. The following amendments to House Bill No. 594 were read and adopted: Mr. Hunnicutt of Clarke amends House Bill No. 594 as follows: By adding at the end of Section 2 another section to be known as Section 2A as follows: 2A: This Act shall not apply to persons, firms, or corporations operating under contracts entered into bona-fide prior to the approval of this Act for the cutting of trees and timber herein regulated. Mr. Dyal of Appling moves to amend House Bill No. 594 as follows: (I) By adding at the end of Section I of the bill the following language, ta-wit: "or with the approval of the Georgia State Forest Service." (2) By adding to the caption of the bill in the third line' thereof after the words "except for thinning and conservation purposes" the following language, ta-wit: "or with the approval of the Georgia State Forest Service." Messrs. Graham of Brooks and Jones of Brantley move to amend House Bill No. 594 by striking the word "two" in line three, section two and inserting in lieu the word "five". The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. 1182 JOURNAL OF THE HOUSE, On the passage of the bill, as amended, Mr. Lovett of Laurens moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Aultman Barber Barlow Bates Bennett Bentley Bloodworth Bowen Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Candler Chastain Clements Curry Dallis Dalton Deal Dorsey Dunaway Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Sumter Foster of Towns McEntire Fuller Mims Gaston Mixon Gavin Moore of Lumpkin Gill Phillips Gillis Rees Gowen Richardson Graham Roberts of Gwinnett Greene Rossee Guerry Rowland Hagan Sabados Hand Shannon Harden Sills Hardy Smiley Harris Smith of Washington Hatchett Southwell Heard Suggs Herrin Taft Hicks Tappan Holtzendorf Thigpen Hooks Turner Hunnicutt Vickers Johnson of Chattahoochee Warnock Jones of Brantley Weaver Jones of Richmond Wells of Clayton Kea of Laurens Wells of Telfair Kennedy Wetherbee Lester Whipple Lewis Williams of Bacon Livingston Williams of Harris Lovett Williams of Ware Maddox Willoughby Mankin Witherington Mann Woods Mason Yawn Those, voting in the negative were Messrs.: Arnall Atkinson Boone Brinson Bynum Campbell Connell Cowart Davis Drinkard Dupree Griffin TUESDAY, MARCH I 8, 1941 1183 Hardman Harrison Hartness Ingram Jackson Jones of Worth Kelley Martin Mavity McClure McCracken Mcintosh Mills Moate Moss Pannell Parker Pettit Pickett Pilcher Pinkston Reiser Roberts of Walton Sheppard Simmons Smith of Hall Smitha Swint Thompson Wilbanks Williams of Jackson Wohlwender Wren Those not voting were Messrs.: Blackshear Blease Caldwell Callaway Culpepper Daves Dean Drake Dunn Ennis, J. H. Ferguson of Camden Ford Forrester Foster of Paulding Fowler Goddard Goolsby Gray Grayson Grice Gross Hart Hogg Horne Howard Inglis Johnson of Pike Joiner Jones of Dodge Kaigler Kendrick Key of Jasper Looper Maund Maxwell McNall Miller Moore of Taliaferro Musgrove Pittman Price Rich Rogers Roughton Russell Smith of Barrow Smith of Carroll Smith of Schley Strickland Walker Wells of Burke Welsch Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 106, the nays 45 The bill having received the requisite constitutional majority was passed, as amended. Mr. Jones of Brantley moved that House Bill No. 594 be immediately transmitted to the Senate, and the motion prevailed. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senator Kirkland of the 49th District- Senate Bill No. 219. A resolution providing and authorizing Bulloch County to levy additional tax for forest fire protection; and for other purposes. Referred to the Committee on Counties and County Matters. JOURNAL OF THE HOUSE, By Senator Campbell of the 34th District- Senate Bill No. 200. A bill to be entitled an Act creating a department of Public Safety and defining the powers and duties thereof; and for other purposes. Referred to the Committee on State of Republic. By Senator Barnhill of the 5th District- Senate Bill No. 222. A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Clinch County; and for other purposes. Referred to the Committee on Counties and County Matters. The following bills of the House were taken up for the purpose of considering the Senate amendments thereto: By Mr. Rossee of Putnam- House Bill No. 417. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Putnam; and for other purposes. The following amendment to House Bill No. 417 was read: The Senate amends House Bill No. 417 as follows: Section 1. By striking from Section 3 of said bill the language "guaranteed by surety companies licensed to do business in the State of Georgia payable to the Ordinary of said county for the use and benefit of its citizens," and substituting in lieu thereof the language "with good and sufficient security to be determined by a majority of said board of commissioners, and payable to the Ordinary of said County"; by inserting between the words "the ordinary" and the words "the successors" in the ninth line of said Section the words "and"; by striking the words "or any citizen or taxpayer of said county"; by striking from the last line of said Section the words "and approved by" and inserting in lieu thereof the word "with" so that said Section 3 of House Bill No. 417, as amended, shall read as follows: "Section 3 That said Act as heretofore amended, be further amended by adding thereto the following: "That the members of the Board of Commissioners aforesaid shall give individual bonds in the sum of five thousand ($5,ooo.oo) dollars each, with good and sufficient security to be determined by a majority of said Board of Commissioners, and payable to the Ordinary of said county, conditioned to secure the faithful and impartial performance of their duties of office, and to secure the proper accounting of all funds coming into their hands. Rights of action on said bonds shall exist in favor of the Ordinary and the successors to the present or any future Board of Commissioners. The existing and present Board of Commissioners shall file bonds as herein provided for, in the office of the Ordinary, within 30 days after the approval of this Act; and all future boards of commissioners shall file such bonds before entering upon the discharge of their duties. Such bonds shall be filed with the Ordinary, as in case of other official bonds." TUESDAY, MARCH 18, 1941 Section 2. By striking, repealing and eliminating from House Bill No. 417, Section 4 in its entirety and by renumbering Sections 5 and 6 of said bill so that said Sections shall be numbered 4 and 5 respectively. Mr. Rossee of Putnam moved that the House disagree to the Senate amendment, and the motion prevailed. Mr. Rossee moved that a Committee of Conference be appointed by the Speaker of the House to confer with a like Committee on the part of the Senate on House Bill No. 417, and the motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House the following members tO-wit: Messrs. Harrison of Jenkins, McCracken of Jefferson, and Rossee of Putnam. By Mr. Rossee of Putnam- House Bill No. 455 A bill to be entitled an Act to amend the Charter of the City of Eatonton; and for other purposes. The following amendment to House Bill No. 455 was read: The Senate amends House Bill No. 455 as follows: Section 1. By inserting in the title of said bill between the words "bond forfeitures and other executions;" and the words "to repeal confticting laws;" the words "to provide a referendum election on this Act;" So that said title as amended shall read as follows: "A Bill to be entitled an Act to amend the Act approved August 5, 1908, (Ga. Laws 1908, pages 620-645), creating and establishing a new charter for the City of Eatonton and defining the rights, powers and privileges of said corpora-. tion, by changing the method of selecting a city clerk and by prescribing his powers, duties, compensation and tenure of office; to provide for a recorder of said City and to prescribe his jurisdiction, powers, duties, compensation and tenure of office; to provide the procedure in cases against persons violating the ordinances of said city; to provide for the appointment of city registrars and prescribe their powers, duties, compensation and tenure of office; to prescribe the procedure to be followed in contesting liability on tax executions, paving assessments, bond forfeitures and other executions; to provide a referendum election on this Act; to repeal confticting laws; and for other purposes." Section 2. By striking Section 7 of said bill in its entirety and substituting in lieu thereof a new section to be numbered and to read as follows: "Section 7 Upon the approval of this Act by the Governor, the mayor and council of the City of Eatonton shall call an election for the purpose of allowing the qualified voters of said city to vote upon the adoption or rejection of this n86 JOURNAL OF THE HOUSE, Act. Notice of such election and a brief summary of the provisions of this Act shall be published once at least three weeks prior to the date fixed for holding said election in the newspaper published in said city having the largest general circulation. If, at said election, a majority of the qualified voters of the City of Eatonton shall vote in favor of the adoption of this Act, then this Act shall become of full force and effect; otherwise this Act shall be null and void and remain inoperative". Section 3 By adding to said bill a new Section to be numbered and to read as follows: ''Section 8. When this Act shall become effective in the manner provided in Section 7, all laws and ordinances of the City of Eatonton, when not in conflict herewith nor repealed hereby, be and they are hereby reaffirmed and continued in full force and effect." Section 4 By adding to said bill a new Section to be numbered and to read as follows: "Section 9 That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Mr. Rossee of Putnam moved that the House disagree to the Senate amendment to House Bill No. 455, and the motion prevailed. Mr. Rossee of Putnam moved that a Committee of Conference be appointed by the Speaker of the House to confer with a like Committee on the part of the Senate on House Bill No. 455, and the motion prevailed. 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 Bill No. 455, the following members of the House, to-wit: Messrs. Harrison of Jenkins, McCracken of Jefferson, and Rossee of Putnam. The following resolution of the House was read and referred to the Committee on Motor Vehicles: By Mr. Lovett of Laurens- House Resolution No. 162. A resolution authorizing the Commissioner of Motor Vehicle Unit of Georgia to consummate reciprocal agreements with other states in which automobiles owned and operated by draftees may be recognized in Georgia for the period indicated in Certificates of Registration issued by the Motor Vehicle Divisions of other states; and for other purposes. By unanimous consent, the following General Bills with local application were taken up for consideration and read the third time: TUESDAY, MARCH 18, 1941 By Mr. Ansley of Lee- House Bill No. 747 A bill to be entitled an Act to fix the compensation of the Commissioners of Roads and Revenues and the Clerk 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 o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 25. A bill to be entitled an Act to amend the Code so as to eliminate the necessity of maintaining grantee index relating exclusively to personal property in counties of a certain population; and for other purposes. The following substitute to House Bill No. 25 was read and adopted: A BILL To be entitled an Act to amend Paragraph 8 of Section 24-2715 of the Georgia Code of 1933 relating to additional duties of clerks of Superior Court, so as to provide that in all counties of this State having a population of 200,000 or more according to the last United States census, or any future United States census, the Clerk of the Superior Court shall not be required to maintain a Grantee Index of Instruments relating exclusively to personal property, 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 Paragraph 8 of Section 24-2715 of the Georgia Code of 1933 be amended by adding thereto the following proviso, namely: "Provided, however, that in all counties of this State having a population of 200,000 or more according to the last United States census or any future United States census, the Clerk of the Superior Court shall not be required to maintain a Grantee Index of Instruments relating exclusively to personal property" so that Paragraph 8 of Section 24-2715 of the Georgia Code of 1933, as amended, shall read as follows: "8. The Clerk of the Superior Court shall provide, at the expense of each county, a duplex index book, wherein shall be indexed the names of grantor and grantee of every instrument recorded in his offi!=e, the character of the instrument, date of the instrument, book where recorded, and the date of the record; Provided, however, that in all counties of this State having a population of 200,000 or more according to the last United States census or any future United States Census, the Clerk of the Superior Court shall not be required to maintain a Grantee Index of Instruments relating exclusively to personal property." u88 JOURNAL OF THE HOUSE, 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 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 o. The bill having received the requisite constitutional majority was passed, by substitute. By Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 28. A bill to be entitled an Act relating to the duties of the Clerk of the Superior Courts to keep an execution docket which shows the names of the parties and their attorneys, and to repeal same, in counties of a certain population; and for other purposes. The following committee substitute was read and adopted: A BILL To be entitled an Act to amend Section 24-2714 of the Georgia Code of 1933 so as to eliminate in all counties of this State having a population of 200,000 or more, according to the last United States census, or any future United States census, the Execution Docket required by sub-Section 4 of sub-paragraph 5 of Section 24-2714 of said Code; to amend said Code Section accordingly 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 sub-Section 4 of sub-paragraph 5 of Section 24-2714 of the Georgia Code of 1933 be and the same is hereby amended by adding thereto a proviso to read as follows: "Provided, however, that this docket shall not be required to be kept by the Clerks of the Superior court in any county of this State having a population of 200,000 or more, according to the last United States census or any future United States census," so that said sub-Section as so amended shall read as follows: "(4) An Execution Docket which shall show the names of the parties and their attorneys, date, the time returnable, to whom and when delivered, when returned, and memoranda of all entries on the original, provided, however, that this docket shall not be required to be kept by the Clerks of the Superior Court in any county of this State having a population of 200,000 or more, according to the last United States census or any future United States census." TUESDAY, MARCH 18, 1941 Section 2. Be it further enacted that all laws and 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, by t ubstitute, was agreed to. On the passage of the bill, by substitute, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed by substitute. Mr. Wohlwender of Muscogee moved that the House do now adjourn, and the motion prevailed. The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock. JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Wednesday, March 19, 1941. 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 Reverend Doctor Thos. M. Elliott of Atlanta, Georgia. The roll was called and the following members answered to their names: Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Culpepper Curry Dallis Dalton Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Greene Grice Griffin Gross Guerry Hand Harden Hardman Hardy Harris Harrison Hatchett Heard Herrin Hicks Hogg Holtzendorf Hooks Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure WEDNESDAY, MARCH I9, 1941 1191 McCracken Mcintosh McEntire Mills Mims Mixon Moate Moore of Lumpkin Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rogers Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Barrow Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Taft Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Witherington Wohlwender Wren Wright Yawn Mr. Speaker Mr. Mims of Miller, 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 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 House and Senate bills. 4 First reading and reference of Senate bills. Mr. Chastain 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. 219. Do pass. Respectfully submitted, Chastain of Thomas, Chairman. JOURNAL OF THE HOUSE, Mr. Callaway of Newton County, Chairman of the Committee on Special Appropriations, submitted the following report: Mr. Speaker: Your Committee on Special Appropriations have had under consideration the following bill and 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. 548. Do not pass. House Resolution No. 12o-698B. Do pass. Respectfully submitted, Callaway of Newton, Chairman. By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time: By Mr. Wohlwender of Muscogee- House Resolution No. 12o-698B. A resolution appropriating an amount equal to the accrued but unpaid pension of Mr. W. S. Elam to his daughter, Miss Janie Elam; and for other purposes. By Senator Kirkland of the 49th District- Senate Bill No. 219. A bill to be entitled an Act to authorize certain districts of Bulloch County to levy an additional tax as provided for in the Act of 1939 for fire protection. By unanimous consent, the following bills of the House and Senate were read the third time, and placed upon their passage: By Senator Kiker of the 41st District- Senate Bill No. 190. A bill to be entitled an Act to incorporate and establish the City of East Ellijay; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Senator Lewallen of the 33rd District- Senate Bill No. 209. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Banks County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, MARCH 19, 1941 On the passage of the bill, the ayes were 106, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Kendrick, Etheridge and Mrs. Mankin of FultonHouse Bill No. 767. A bill to be entitled an Act to amend the Pension Act of the City of Atlanta; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Heard of Elbert- House Bill No. 759 A bill to be entitled an Act to require the payment of fees of clerks and sheriffs of the Superior Court in Divorce Cases in Elbert County; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 107, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton- House Bill No. 765. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes. The following amendment to House Bill No. 765 was read and adopted: The Committee amends House Bill No. 765 by striking Section 3 in its entirety. 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 o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Smith and Smitha of Carroll- House Bill No. 768. A bill to be entitled an Act to amend an Act creating the City Court of Carrollton; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed. I I94 JOURNAL OF THE HOUSE, By Messrs. Maddox, Hicks and Rogers of Floyd- House Bill No. 770. A bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By Mr. Harrison of Jenkins- House Bill No. 761. A bill to be entitled an Act to amend the charter of the City of Millen; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I07, the nays o. The bill having received the requisite constitutional majority was passed. The following report of the Committee on Rules was submitted and read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your Committee on Rules having had under consideration the fixing of the calendar for Wednesday, March I9, I94I, submits the following report: Your Committee recommends that the following bills and resolutions be set as a special and continuing order of business for said session: sC. I. House Resolution No. I 2J-7 I Refunding money for building at Alto. 2. House Bill No. I02. Powers of Probation Officers. 3 House Bill Bo. 246. Limitations of Security Deeds. 4 House Resolution No. 25-I07. Appropriation for Air Corporation. 5 House Bill No. 2I9 Pharmacy bill. 6. House Bill No. 366. Four year term for Commissioner of Labor. 7 House Bill No. 698. Forest Fire Protection. 8. House Bill No. 527 Surety Bonds for County Officers. 9 House Bill No. 289. Public Service Commission authority over water works. Io. House Bill No. 685. Advertisement of Constitutional Amendments. I I. House Bill No. 482. Payment of premiums on tax collectors' bond. WEDNESDAY, MARCH I9, I94I I2. House Bill No. I45 Relieving tax assessors' disability. I3. House Bill No. 252. Compensation of clerks. 14 House Bill No. 463. Exempting Postal Employees from Jury Duty. I 5 House Bill No. 748. Legal excuses of members of General Assembly. I6. House Resolution No. 76-446B. Reimburse Catoosa County for trial of Coates. I7. House Bill No. 6o6. Suits against Insurance Companies. I 8. House Bill No. 236. Barbers and Beauticians Bill. I9. House Bill No. 381. Sunday Moving Picture Law. 20. House Resolution No. 147-757A. Resolution providing Commission to study County Government. 21. House Resolution No. 128-727B. Constitutional Amendment. 22. House Bill No. 147. Scrap Iron Bill. 23. House Resolution No. 58-326A. Constitutional Amendment Habersham County. 24. House Bill No. 404. Amend General Tax Act regarding Butcher Plants. 25. House Resolution No. 51-278A. Appropriation. 26. House Bill No. p8. Authorizing Quitman to issue Refunding Bonds. 27. House Bill No. 345 Georgia Railroad Bill. 28. House Bill No. 351. Georgia Railroad Bill. 29. House Bill No. 539 Local bill for DeKalb County. 30. House Resolution No. 103-593. Joe Wheeler Highway. 31. House Bill No. 291. District Loss. 32. House Bill No. 492. Weights and Measures. 34 House Bill No. 409. Fish and Shrimp Bill for Coastal Waters. 35 House Bill No. 208. Sunday Movies. 36. House Bill No. 159. Regulating taking fish in Oconee River. 37 House Bill No. 586. Amend Land Registration Act. 38. House Bill No. 371. Providing Hospital Liens. 39 House Bill No. 684. Assignment of Accounts. 40. House Bill No. 699. Prohibiting drunkenness in manufacturing plants. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. JOURNAL OF THE HOUSE, The following amendment to the report of the Committee on Rules was read: Mr. Mims of Miller County moved to amend the report of the Committee on Rules and the calendar for the day as submitted by the Committee on Rules by adding House Bill No. 59 on the calendar at the top of the same. Mr. Mims of Miller moved that the amendment to the report of the Committee on Rules be adopted, and the motion was lost. Mr. Looper of Dawson moved that House Bill No. 241 be placed on the calendar and the motion was lost. The following resolution of the House was read and adopted: By Mr. Rees of Webster- House Resolution No. 152 A RESOLUTION WHEREAS, it has been established by competent sworn testimony that Dr. Hiram Evans and certain other asphalt people defrauded the State of Georgia out of more than two hundred and fifty thousand dollars in an emulsified asphalt deal in the year of 1937-1940, and WHEREAS, the Attorney General of this State has indicated a purpose to bring suit to recover for the State this item, and WHEREAS, these same asphalt people sold the State of Georgia, more than one million tons of sand asphalt in the years 1939-1940, and WHEREAS, it is indicated that the State was defrauded out of more than two million dollars in the sand asphalt deal of 193~1940, and WHEREAS, the former State Auditor has indicated that the State Purchasing Act of 1939 was flagrantly and continuously violated in the purchasing of sand asphalt and in the purchasing of the very exceedingly excessive amount of machinery for the State Highway Board, and in other State purchases, for the. years 1939 and 1940, therefore it is RESOLVED, by the House of Representatives, the Senate concurring, as follows: The Attorney General of this State is hereby authorized and directed to bring any and all proper civil action against those who participated in the emulsified asphalt deal of 1937 and 1938, and against those who participated in the sand asphalt deal of 1939 and 1940, and against those who participated in the excessive sale and purchase of machinery for the State Highway Board in the years 1939 and 1940, and against any person, firm or corporation, who in any way defrauded the State in the years of 1939 and 1940. IT IS FURTHER RESOLVED, by the House of Representatives, the Senate concurring, that it is the sense of the General Assembly that the Solicitors General of this State, especially the Solicitor General of Atlanta Judicial Circuit in which the seat of State Government is located, cause grand jury investigations of alleged viola- WEDNESDAY, MARCH 19, 1941 tions of the criminal laws of this State relating to the affairs of the State Government, and especially the criminal laws relating to the State Government purchases. It is the intention and purpose of these resolutions to direct the Attorney General of this State to institute all civil actions where the circumstances justify the same against persons, firms or corporations who have defrauded the State in the years of 1939 and 1940, and in the case of emulsified asphalt deals in the years of 1937 and 1938; and to direct the attention of the Solicitors General of this State, especially, the Solicitor General of Atlanta Judicial Circuit in which the seat of State Government is located, to their duty to cause grand jury investigations and prosecutions of all offenders in the matter of op~ration of State Government. Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time: By Messrs. Chastain and Hart of Thomas- House Resolution No. 123-716C. A resolution providing for an appropriation to Thomas County; and for other purposes. The House was resolved into the Committee of the Whole House to consider House Resolution No. 123-716C, with Mr. Lovett of Laurens in the Chair. The Committee of the Whole House arose and through its Chairman, reported the resolution back to the House with the recommendation that the same be adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Anderson Anglin Ansley Arnall Atkinson Aultman Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Branch Brooks of Mitchell Brooks of Oglethorpe Bynum Caldwell Campbell Candler Chastain Cowart Culpepper Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Elliott Ennis, Marion Etheridge Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gill Gillis Goolsby Graham Greene Grice JOURNAL OF THE HOUSE, Griffin Maund Guerry Mavity Hand McClure Harden Mcintosh Hardman McEntire Hardy Mims Harris Mixon Hatchett Moate Heard Moore of Lumpkin Hicks Moore of Taliaferro Holtzendorf Musgrove Hooks Parker Inglis Pettit Ingram Phillips Jackson Pickett Johnson of Chattahoochee Pinkston Jones of Richmond Price Jones of Worth 'Rees Kaigler Reiser Kea of Laurens Rich Kelley Richardson Key of Jasper Roberts of Gwinnett Lester Rogers Livingston Rossee Looper Roughton Maddox Rowland Mankin Russell Mason Shannon Those voting in the negative were Messrs.: Bridges Gavin Harrison Johnson of Pike Roberts of Walton Sabados Those not voting were Messrs.: Adams Allison Barber Bradbury Brinson Bruce Callaway Clements Connell Curry Dallis Dalton Daves Davis Edwards Ennis, J. H. Ferguson of Camden Fuller Gaston Goddard Gowen Gray Grayson Gross Hagan Hart Sheppard Sills Simmons Smith of Hall Smith of Washington Smitha Southwell Swint Taft Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wren Wells of Burke Yawn ' Hartness Herrin Hogg Horne Howard Hunnicutt Joiner Jones of Brantley Jones of Dodge Kendrick Kennedy Lewis Lovett WEDNESDAY, MARCH I9, I94I I 199 Mann Martin Maxwell McCracken McNall Miller Mills Moss Pannell Pilcher Pittman Smiley Smith of Barrow Smith of Carroll Smith of Schley Strickland Suggs Tappan Whipple Williams of Bacon Wohlwender Woods Wright By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were IJ4, the nays 8. The resolution having received the requisite constitutional majority was adopted. By unanimous consent, House Resolution No. I2J-7I6C was ordered immediately transmitted to the Senate. Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time: By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton- House Bill No. I02. A bill to be entitled an Act to amend an Act to give all courts having jurisdiction in felony and misdemeanor cases, authority in certain cases so as to mold their sentences as to allow defendants, upon a rendition of a verdict of guilty, to serve same outside the confines of the chaingang, etc.; and for other purposes. Mr. Jackson of Henry moved the previous question, the call was sustained and the main question ordered. The following Committee Amendment was read and adopted: The Committee moves to amend House Bill No. 102 by inserting, following the words "County Probation Officer", the words "or such other officer as is designated by the Court." 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 I I 2, the nays o. The bill having received the requisite constitutional majority was passed, as amended. By Messrs. Atkinson of Chatham, Candler of DeKalb, Strickland of Haralson, and Kea of Laurens- House Bjll No. 246. A bill to be entitled an Act to limit the time for enforcing Deeds to secure Debt on Real Property; and for other purposes. Mr. Kea of Laurens moved the previous question, the call was sustained and the main question ordered. I::l.OO JOURNAL OF THE HOUSE, The following amendment was read and adopted: Mr. Atkinson of Chatham moves to amend House Bill No. :246 as follows: Ist-By adding a Section to be known as Section 9, as follows: "9. Unless otherwise provided herein the provisions of this Act shall become effective on May Ist, I942." 2nd-By adding to the caption before t~e words "and for other purposes" the following: "to provide the effective date hereof". 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 I I I, the nays o. The bill having received the requisite constitutional majonty was passed, as amended. By Mr. Etheridge of FultonHouse Resolution No. 25-107B. A resolution to authorize and direct the State Treasurer to pay to the American Cool-Air Corporation the sum of $J,456.1o for merchandise sold the State of Georgia, September 10, I934; and for other purposes. The House was resolved into the Committee of the Whole House to consider House Resolution No. 25-107B with Mr. Lewis of Burke in the Chair. The Committee of the Whole House arose and through its Chairman, reported the bill back to the House with the recommendation that the same do not pass. The report of the committee, which was unfavorable to the passage of the bill, was agreed to, and the bill was lost. By Messrs. Moss of Gordon and Pannell of MurrayHouse Bill No. :219. A bill to be entitled an Act to amend an Act relating to the qualifications of applicants for registration by the State Board of Pharmacy, and for other purposes. Mr. Elliott of Muscogee moved that the bill be tabled. On the motion to table, the ayes were 110, the nays 8. The bill was tabled. By Messrs. Hicks of Floyd and Roughton of WashingtonHouse Bill No. 366. A bill to be entitled an Act to amend an Act to provide for the establishment of a Department of Labor; and for other purposes. Mr. Jones of Richmond moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. WEDNESDAY, MARCH 19, 1941 1201 On the passage of the bill, the ayes were 106, the nays 2. The bill having received the requisite constitutional majority was passed. By Mr. Rowland of Johnson- House Bill No. 698. A bill to be entitled an Act to amend an Act authorizing the several counties to levy a tax each year for the conservation of natural resources, etc.; and for other purposes. The previous question was ordered. The main question was ordered. The following amendment was read and adopted. Messrs. Anderson of Wayne and Rowland of Johnson move to amend House Bill No. 698 as follows: By adding to line fifteen of Section 1 the following "in Counties of this State having a population of not less than 13122 and not more than 13125 according to United States Census of 1940 and any future census of the U. S., so that said Section when amended will read as follows: "SECTION 16. To pay for the Conservation of Natural Resources, and fire protection of forest lands. Provided, however, no tax may be levied to pay for the Conservation of Natural Resources, and fire protection of forest lands except upon the recommendation of two consecutive Grand Juries in Counties of this State having a population of not less than 13122 and not more than 13125 according to the United States census of 1940 and any future census of the United States." The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 123, the nays 2. The bill having received the requisite constitutional majority was passed, as amended. By Mr. Brooks of Mitchell- House Bill No. 527 A bill to be entitled an Act to amend Section 92-4801 of the Code of Georgia relating to the bonds and the amounts and conditions of bonds of Tax Collectors and Tax Commissioners in the counties of this State; and for other purposes. The previous question was ordered. The main question was ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 123, the,nays 2. The bill having received the requisite constitutional majority was passed. l202 JOURNAL OF THE HOUSE, By Mr. Evans of McDuffie: House Bill No. 289. A bill to be entitled an Act to enlarge the jurisdiction and power of the Georgia Public Service Commission so as to authorize said Commission to prescribe rates, supervise and regulate the furnishing or selling of water by certain persons, firms or private corporations; and for other purposes. Mr. Gross of Stephens moved the previous question, the call was sustained and the main question ordered. The following Committee Substitute to House Bill No. 289 was read and adopted. A BILL To be entitled an Act to enlarge the jurisdiction and power of the Georgia Public Service Commission so as to authorize said Commission to prescribe rates, supervise and regulate the furnishing or selling of water by certain persons, firms or private corporations; to approve the issuance of stocks, bonds, notes or other evidence of debt as now provided by law for utilities under the jurisdiction of the Commission; to prescribe and fix penalties and punishments for failure or refusal to observe any order, rule or regulation of said commission, and to prescribe the form of procedure for enforcing same; to repeal conflicting laws; and for other purposes. BE IT AND IT IS HEREBY ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That from and after the passage of this act the Georgia Public Service Commission shall have iull and complete jurisdiction, power and authority to prescribe reasonable rates to be charged by any person, firm or private corporation hereinafter referred to for the furnishing or selling of water to others for domestic use or industrial purposes; and shall approve the issuance of stocks, bonds, notes or other evidence of debt by such person, firm or private corporation as now provided by law for public utilities under the jurisdiction of Georgia Public Service Commission; and may also supervise and regulate any such business by prescribing standards of efficiency in equipment and personnel and standards of sanitary requirements to be observed in the preparation, storing, furnishing or selling of such water. The jurisdiction, power and authority herein conferred shall extend to all such persons, firms or private corporations who leases for a period as long as ten years such property from any municipality or other political subdivision, and then only while such lease is in effect, and furnishes or sells water to said municipality or other political subdivision or to the citizens thereof, for the direct or indirect use of the citizens thereof, but such jurisdiction, power and authority shall not extend to water plants, water systems, reservoirs or other equipment for the furnishing or selling of water, however owned except when operated by such leasee of the owner thereof, and provided that nothing in this Act shall be construed so as to apply to leases or contracts between political sub-division; and, provided further that the provisions of this Act shall not apply to any water plant, water system, reservoir or other equipment for the furnishing or selling of water when both owned and'operated by a municipality or political sub-division of this State. WEDNESDAY, MARCH 19, 1941 I20J SECTION 2. Any person, firm or corporation coming under the provisions of this Act or who fails, omits or neglects to obey, observe and comply with any order, direction, or requirement of the Commission hereafter issued, given or adopted, shall forfeit to the State the sum of not more than $5,ooo.oo for each offense. Each violation of the provision of this Act, or of any such order, direction or requirement of the Public Service Commission shall be a separate and distinct offense, and, in case of a continued violation, every day a violation thereof takes place shall be deemed a separate and distinct offense. An action for the recovery of such penalty may be brought in the Superior Court in the County of the Principal Office of such person, firm or corpOration in this State, or in the Superior Court of the County of the State where such violation occurs and such wrong is perpetrated, and shall be brought in the name of the State by authority of the Public Service Com-missioner Department of Public Health. Any procedure to enforce such penalty shall be triable at the first term of the court to which it is brought, before the presiding judge without a jury, and shall be given precedence over other business by the presiding judge, and the court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such case may be taken to the Supreme Court of Georgia as provided in cases of the grant or refusal of injunctions by judges of the Superior Courts. SECTION 3 All laws or parts of laws in conffict 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 IJO, the nays o. The bill having received the requisite constitutional majority was passed by substitute. The following message was received from His Excellency, Governor Eugene Talmadge: State of Georgia Executive Department Eugene T~lmadge, Governor Atlanta March 19, 1941 MESSAGE TO THE GENERAL ASSEMBLY OF GEORGIA: I am transmitting to you copy of a telegram from the President of the United States, Honarable Franklin D. Roosevelt, with reference to the pipeline to be used in connection with the Defense Program in the State of Georgia, which speaks for itself. Respectfully submitted, Eugene Talmadge, Governor. JOURNAL OF THE HOUSE, WESTERN UNION His Excellency Eugene Talmadge: Governor of Georgia, Atlanta, Ga. I have received the following letter signed by the Secretaries of War, Navy and Interior: "We respectfully recommend that transportation facilities which will permit the shipment of petroleum products to Atlantic Coast Areas by methods which will relieve the present dependence upon tankers are essential to the National Defense. In our opinion, gasoline pipelines which extend from Gulf Coast Ports into areas now served wholly or partly by tankers and which contact inter-mediate points of Military importance should be classed as facilities which are essential to the National Defense. The Southeastern Pipeline originating at St. Joe, Fla., and the proposed Plantation Pipeline designed to originate at Baton Rouge, La., are present examples of such pipelines. This recommendation is based upon existing conditions, as follows: 1. The Atlantic Coast, with 40 percent of our population and the Greater part of our industries, depends upon ocean transportation by tankers from ports in Texas. Loui~iana, California and nearby foreign countries for virtually all of its Petroleum, Presc:!nt pipelines to the Atlantic Coast cannot handle more than 4 percent of the oil which needs to be delivered. 2. Present tanker facilities are no more than adequate to meet current peace time needs and are certain to prove inadequate in the event of a full emergency. Tankers plying between Gulf Coast Oil supply. Durin& February, 1941, 26o tankers engaged in this service. Most of these boats are old and are approaching the end of their economic life. Their average speed is 10.5 knots, with 18 days required for an average round trip. They are capable of making 20 round trips yearly, or 5,200 sailings annually for the present fleet. The average load per vessel approximates 83,900 barrels. If operated at full capacity, the present tanker fleet engaged in the Gulf to Atlantic trade could transport 436,ooo,ooo barrels during the year, which now appears to be a minimum 1941 requirement for shipments in this service. 3 There are no supplemental sources from which additional tankers could be obtained readily in quantities sufficient to meet the accelerated needs of an emergency without infringing upon other essential needs. A few additional tankers operate, from time to time, in the Gulf to Atlantic trade but recent developments indicate that other demands for tanker transportation may prevent the transfer of any substantial number of such tankers to this service. Some of the present fleet, such as the four "National Defense" tankers still operating in this commercial service, are likely to be called into Naval Service. About 70 new tankers are under construction or contract, but their delivery dates extend over the next three years, with an approximate completion rate of 2 tankers per month, and It is possible that other needs for their services may develop prior to their completion. 4 In the event of hostilities which would subject ocean-going tankers to enemy attack or necessitate the adoption of a convoying system, the reduced speed d ande- WEDNESDAY, MARCH I9, I94I lays connected therewith would lower the annual ddivery capacity of the tanker fleet and might involve the loss or destruction of some vessds. Delays or losses of only I 5 percent would be sufficient to reduce annual deliveries by 65,000,000 barrels which is nearly as much oil as is now held in storage on the Atlantic Coast. In the event of a real emergency, such delays or losses are likely to be substantially in excess of I5 percent. 5 Approximately 4,000,000 barrels of petroleum products are shipped monthly by water from Gulf Coast Refineries to ports in Florida, Georgia and South Carolina, from where shipments are made inland into the area which will be served by the Southeastern and Plantation Pipelines. The direct shipment of gasoline into these areas by pipdine will reduce correspondingly the demand for tanker transportation. According to present plans, the Plantation Pipeline would be capable of delivering to its final terminal a quantity of gasoline equivalent to that which could be transported by 6 average tankers. This quantity could be increased by additions to the line and pumping equipment. The routes selected for these pipelines contact points of military importance. 6. In our opinion, the present situation with respect to the Atlantic Coast Petroleum Supply is such as to require the full development of all supplemental means of serving the needs of that area. This should involve also the increased utilization of rail and truck facilities in some sections and an expansion of storage capacities. The construction of all such facilities by private capital is directly in line with the present program for National Defense. I feel fully justified in advising you that this pipdine is essential to our National Defense Program. FRANKLIN D. ROOSEVELT. Under order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time: By Messrs. Evans of McDuffie, Blease of Brooks, Culpepper of Fayette, Lovett of Laurens, and Elliott of Muscogee- House Bill No. 685. A bill to be entitled an Act proposing an amendment to the Constitution of Georgia providing for the publication of Constitutional Amendments in only one newspaper in each congressional district, and in case of more than one amendment, same to be published in the various newspapers in each congressional district; and for other purposes. The following substitute to House Bill No. 685 was read: By Messrs. Evans of McDuffie, Lovett of Laurens, Blease of Brooks, Culpepper of ~ayette and Elliott of Muscogee- A BILL TO BE ENTITLED AN ACT To amend Section I of the Act approved March 24th, I9J9, (Ga. Laws, I939, pp. 305, 307), relating to the publication of proposed 1206 JOURNAL OF THE HOUSE, constitutional amendments, by providing that such amendments shall be published in only one newspaper in each congressional district; to repeal conflicting laws; and for other purposes. BE IT AND IT IS HEREBY ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION I. That Section I of the Act approved March 24th, I939, (Ga. Laws, I939, pp. 305, 307), relating to the publication of proposed constitutional amendments be and the same is hereby amended by striking and repealing said Section as written and by inserting in lieu thereof the following: "Section I. That whenever the General Assembly shall propose any amendment or amendments to the Constitution of this State, as authorized by Article I3, Section I, Paragraph I of the Constitution, and the same shall have been agreed to by two-thirds of the members elected to each of the two Houses and the "ayes" and "nays" thereon shall have been entered upon their respective journals, it shall be the duty of the Governor to cause a complete transcript of each and every such amendment to be published in only one newspaper (to be chosen by the Governor) in each congressional district, for two months previous to the time of holding the next general election. The Governor may, in his discretion, if more than one such proposal is to be submitted to the people, publish all of said proposed amendments in one newspaper in each such district, or may divide such amendments between various newspapers in such congressional district." SECTION 2. All laws or parts of laws in conflict with this Act are hereby repealed. The previous question was ordered. The main question was ordered. An amendment offered by Messrs. Harris of Richmond and Etheridge of Fulton to the original bill was ruled out of order. The 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 ayes were I I6, the nays 8. The bill having received the requisite constitutional majority was passed, by substitute. By Mr. Bowen of Pierce- House Bill No. 482. A bill to be entitled an Act to authorize the County authorities in charge of the fiscal affairs of any county in Georgia to pay the premium on the bond of any county officer upon recommendation of the grand jury of such county; and for other purposes. WEDNESDAY, MARCH 19, 1941 1207 The previous question was ordered. 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. 79, the nays 27. The bill having failed to receive the requisite constitutional majority was lost. By unanimous consent, the House agreed to recess from 12:45 until 2:00P.M. By Messrs. Parker and Roberts of WaltonHouse Bill No. 145. A bill to be entitled an Act to amend Section 92-6907 of the Code of Georgia making it illegal for members of the Board of County Assessors to hold State, County, and Municipal Offices while serving as members of said Board, and for other purposes. Mr. Kea of Laurens moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 82, the nays 36. The bill failing to receive the requisite constitutional majority was lost. By Mr. Maund of TalbotHouse Bill No. 252. A bill to be entitled an Act to provide for the compensa- tion of Commissioner and Clerks for revising Jury Lists, and for other purposes. The previous question was ordered. The main question was ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 104, the nays 15 The bill having received the requisite constitutional majority was passed. By Mr. Whipple of BleckleyHouse Bill No. 463. A bill to be entitled an Act to provide for exemption from jury service of all U.S. Postal employees and for other purposes. Mr. Kendrick of Fulton moved that the bill be tabled, and the motion prevailed. The bill was tabled. By Messrs. Dorsey of Cobb, Mavity of Walker, Forrester of Dade, Hunnicutt of Clarke, and Wright of Gilmer- House Bill No. 748. A bill to be entitled an Act to amend an Act which relates 1208 JOURNAL OF THE HOUSE, to granting continuances in court when a party or counsel is absent from such court by reason of his attendance as a Legislator on the General Assembly; and for other purposes. Mr. Kea of Laurens moved the previous question, the call was sustained and the main question ordered. An amendment by Mr. Jones of Richmond was read and lost. Mr. Johnson of Pike moved that the bill be tabled. On the motion to table, the ayes were 82, the nays 51. The bill was tabled. By Mr. McClure of Catoosa- House Resolution No. 76-446A. A resolution to authorize the Department of Public Safety to reimburse Catoosa County for hospitalization of Charles Coates; and for other purposes. Mr. Jones of Brantley moved that the resolution be tabled. Mr. Wohlwender of Muscogee moved that the House take a recess until 2:15, and the motion prevailed. The Speaker called the House to order. 2:15 o'clock P.M. The following report was submitted and read: Mr. Randall Evans Speaker, Georgia House of Representatives Atlanta, Georgia Dear Sir: On March 2, 1941, the Blind Academy Committee of the House of Representatives of Georgia inspected the Georgia Academy for the Blind located at Macon. The Committee was fortunate in that Mr. J. W. Williams, the Superintendent, and a goodly number of the teachers were present at the time. The Committee was shown through the plant which consists in the main of a large brick building in which most of the activities are carried on. This building was completely overhauled during the last administration under the auspices of the Department of Public Welfare and presented an excellent appearance within and without. Several of the smaller children were in their classrooms and read to the Committee from their text-books. Of considerable interest were many examples of the handiwork of the blind children for whom the institution is operated. The Committee was advised that during the last year an eleventh grade was added to the curriculum. This gives additional advantages to these unfortunate WEDNESDAY, MARCH 19, 1941 children in their struggle to face the hardships of life, while struggling under the most fearful of all handicaps-blindness. After inspecting the plant the Committee assembled in the auditorium to witness exercises put on for its benefit by the pupils of the institution. Mr. Ralph Ewing, of the Wesleyan Conservatory of Music, assisted by some of the young ladies, demonstrated the choral instruction which they had been giving the blind children. The deep appreciation of the pupils for this instruction-which is given without chargewas manifested in their wholehearted cooperation with this gentleman and the young ladies assisting him. The time of the Committee being limited, the general inspection was terminated at the conclusion of the exercises. The Committee designated two of its members to remain and continue the inspection and inquisition into the affairs of the institution. Under these instructions the subcommittee interviewed Superintend~t Williams, the teachers and the pupils. The Committee finds that the institution is operated in an efficient and capable manner and that so far as operation and management are concerned there is little or nothing to be desired. However, it is the thought of the Committee that there are a number of things which can be done within the compass of the present appropriation and which ought by all means to be done. It would seem that for many years the affairs of this institution have been so conducted that sums ranging from five to ten thousand dollars annually have been saved from the appropriation and have been turned back into the general fund of the State. It would seem that the overplus thus saved by economy last year amounted to about eight thousand dollars. Upon the assumption that the institution is practising its usual economies there should be a substantial portion of the appropriation which could be made available to supply most of the needs of the institution. At the request of the subcommittee, Superintendent Williams, after conferring with the faculty members, furnished the Committee with the following list of urgent necessities. While the list is for the most part self-explanatory, brief comment will be made on the various items following the list. THE LIST I. Dressing for composition floors ............. .................... . '$ 200.00 2. Top coat for concrete floors of porches ............ .............. . 200.00 3 Repairs and cleaning pipe organ ................................ . 4 Materials for boys' shop ....................................... . 5 2 pianos (for teaching tuning) .................................. . 6. Home economics equipment .................................... . 200.00 200.00 JOO.OO soo.oo 7 Manual Arts equipment ....................................... . soo.oo 8. 100 lockers for students' clothes ................................ . 1000.00 9 Additional instruction in music ................................. . 700.00 10. Patching roof gutters ......................................... . 190.00 1210 JOURNAL OF THE HOUSE, II. Screens for windows .......................................... . ~ 500.00 12. Repair of hospital building ..................................... . 1500.00 Lighting system for library .................................... . 100.00 700 window shades ........................................... . 1000.00 Musical instruments for orchestra .............................. . soo.oo Fire. doors and outside painting ................................ . Station wagon ............................................... . 1000.00 REMARKS ON LIST ITEMS Items I and 2: It is noted that persons walking from the spacious concrete porches carry dust and other gritty substances on their shoes into the corridors. This is causing the composition floors in the corridors to depreciate. The porches should be painted at once and thus obviate the slow but steady deterioration of the corridor floors. Item3: The shop department is handicapped by a paucity of materials. Item 4: The pipe organ is used for instruction as well as worship. A good many of the pipes and stops are out of commission and the instrument needs cleaning. The regular price of these repairs would be $400.00, but the factory is making a fifty per cent discount. Item 5: The Academy has several old pianos which are used to teach the pupils how to tune a piano. There are two models which have come out in recent years. A blind person would have difficulty in tuning pianos of these models without previous and particular instruction. Items 6 and 7: The Home Economics department has only one stove. Several more are needed, together with tables, cabinets, etc. The equipment for manual training likewise needs replenishments and additions. Item 8: The present lockers are very old. Many of them ought to be replaced. There are not enough to go around. Item 9: The State should furnish ample instruction in voice. Many of the children are talented in this direction. While the kindness of Mr. Ralph Ewing and his pupils in giving free instruction is appreciated, no institution of this State ought to be dependent on charity for necessary instruction. WEDNESDAY, MARCH 19, 1941 1211 Items IO, II, IJ and I4: These items involving as they do repairs and additions to the mam building need no comment. Item I2: The hospital building is a nice little outbuilding which is not at the present time in use. The doctors of Macon and the Macon Hospital have always generously cooperated with the institution in time of need. It is thought that a little remodeling and repair work could be done on this building and that the Home Economics Department could be moved there from its more or less cramped quarters in the main building, and that the present quarters of this department could be used for somet'hing else. Item I6: It would seem that the contract for the general overhauling of the main building last year covered outside painting and the installation of fire doors. The Department of Public Welfare should call on the contractor to complete his contract in this respect or refund a sufficient amount to have it done. item q: Transportation of students to church and places of entertainment is a problem of considerable magnitude and of frequent occurrence. A station wagon could be used to advantage. Pursuant to its investigation, the Committee makes the following recommendations: 1. In view of the peculiar qualifications of persons capable of giving instruction to the blind, that the present personnel of the faculty, including the Superintendent, be disturbed as infrequently as possible. 2. lr1 view of the fact that the wage scale of the personnel and management of this institution is below that of other States, that there be no further reduction in wages or salaries. 3 That while the Superintendent and the Department be exhorted to operate economically as in the past, no part of the present or any future appropriation be paid back into the general fund of the State until the needs above outlined are supplied in their order of importance, which in this case is their numerical order. Respectfully submitted, OLIVER MIXON, Chairman, Blind Academy Committee. Adopted March 17th, 1941, on report of Subcommittee, composed of A. H. S. Weaver and Luther U. Bloodworth. OLIVER MIXON, Chairman. I2I2 JOURNAL OF THE HOUSE, The following resolutions of the House were read and adopted: By Messrs. Hand of Mitchell and Chastain of Thomas- House Resolution No. I 53 A RESOLUTION WHEREAS, it has been called to the attention of the Georgia House of Representatives that the Hon. A. B. Hart one of our esteemed members is confined to the Archibold Memorial Hospital in Thomasville, Georgia. THEREFORE the Georgia House of Representatives send to our Colleague our regret of his illness and our wish for his speedy recovery. THAT a copy of this resolution be entered on the minutes of the Journal and a copy mailed to Hon. A. B. Hart at the Archibold Memorial Hospital in Thomasville, Georgia. By Messrs. Allison of Gwinnett, Strickland of Haralson, Pannell of Murray, and Weaver, Grice and Bloodworth of Bibb- House Resolution No. I 58. A RESOLUTION WHEREAS, the Committee of the Academy for the Blind of the House of Representatives filed its report which contained certain recommendations; and WHEREAS, said recommendations involve certain needs of the Academy for the Blind; and WHEREAS, these recommendations can be carried out without additional appropriations; NOW, THEREFORE, Be it resolved by the House of Representatives of the State of Georgia, and it is hereby resolved by the authority of the same: I. That said report be, and the same is, hereby adopted and the House of Representatives is of the opinion that the recommendations therein set forth should be carried out. 2. That a copy of this Resolution and said report be transmitted to the Chairman of the Senate Committee on the Academy for the Blind, a copy to the Director of the Department of Public Welfare, and a copy to His Excellency, the Governor. By Messrs. Griffin of Wilkes, Moore of Taliaferro and Mrs. Mankin of Fulton- House Resolution No. I6J. A RESOLUTION Whereas, the Honorable J. M. Simmons of Decatur County, has today attained the age of three score and ten, Therefore be it resolved by this House that we congratulate the gentleman from WEDNESDAY, MARCH 19, 1941 12IJ Decatur, and wish him many happy returns and many more birthdays celebrated as a member of this House. By Messrs. Jones of Brantley, Bates of Ware, Atkinson of Chatham, Lewis of Burke, Gill of Bryan, and Harrison of Jenkins- House Resolution No. 164. A RESOLUTION WHEREAS, Herty Foundation Laboratory has been asked by firms having national defense contracts to make experiments and investigate on the use of Georgia ,and Southern Natural Resources and Agricultural Products. RESOLVED, that the House of Representatives and Senate of Georgia hereby approve the laboratory doing such experimental work on such products and giving the information only to those who pay for it. PROVIDED, the entire expense of such experiments shall be paid by the beneficiaries, and that no public funds shall be used. By unanimous consent, the following general bills with local application were taken up for consideration and read the third time: By Senator Couch of the pnd District- Senate Bill No. 189. A bill to be entitled an Act to amend an Act providing that certain counties shall furnish aid, relief and pensions to members of the County Police Department by further furnishing pensions to the members of the Fire 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 106, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Elliott and Wohwender of Muscogee- House Bill No. 657. A bill to be entitled an Act to regulate the sale and distribution of fireworks 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 105, the nays o. The bill having received the requisite constitutional majority was passed. By Messrs. Atkinson, Grayson and McNall of Chatham- House Bill No. 763. A bill to be entitled an Act to amend the Highway Mileage Act by adding a new road to be constructed across the Savannah River; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. JOURNAL OF THE HOUSE, On the passage of the bill, the ayes were 104, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 766. A bill to be entitled an Act to amend an Act relating to fireworks so as not-to include tov pistols; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. By Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 764. A bill to be entitled an Act concerning powers of Commissioners of Roads and Revenues in certain counties; and for other purposes. By unanimous consent, House Bill No. 764 was tabled. The following resolutions of the House were read and adopted: By Messrs. Callaway of Newton, Brinson of Chattooga, Smith of Hall, Looper of Dawson, and Bradbury of Oconee- House Resolution No. r66. A resolution commending Miss Carolyn McKenzie for her efforts with the photographing of members of the General Assembly. By Mr. Turner of DeKalb- House Resolution No. I s6. A resolution providing for the appointment of a committee of five to investigate the feasibility and cost of a voting machine for the House of Representatives; and for other purposes. By Mr. Ferguson of Camden- House Resolution No. r67. A resolution extending fishing and hunting rights to non-resident soldiers encamped in this state; and for other purposes. By Mr. Johnson of PikeHouse Resolution No. r68. A resolution extending appreciation to the tag department for tags; and for other purposes. The following bills of the House were taken up for the purpose of considering the Senate amendments thereto: By l\lr. Witherington of Wilcox- House Bill No. 264. A bill to be entitled an Act to abolish the office of County Treasurer of Wilcox County; and for other purposes. The following Senate amendment to House Bill No. 264 was read: WEDNESDAY, MARCH I9, I94I I2I5 The Senate Amends House Bill No. 264 by inserting in the title of said Bill between the sentence "to provide an effective date for this Act"; and the sentence "to repeal conflicting laws;" the following: "to provide that the office of County Treasurer of Wilcox County, Georgia, be abolished after December 3I, I944" To further amend the above stated Bill by striking Section I and substituting in lieu thereof a new Section I to read as follows: "That on December 3I, I944, the office of County Treasurer of Wilcox County, Georgia, shall be abolished." By further amending said Bill by providing a new Section to be known as Section IO, and to provide as follows: "This Act shall not become effective until December 3I, 1944." Mr. Witherington of Wilcox moved that the House agree to the Senate amendment. On the motion to agree, the ayes were I42, the nays o. The Senate amendment having received the requisite majority was agreed to. By Mr. Rowland of Johnson- House Bill No. 598. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Johnson; and for other purposes. The following Senate amendment to House Bill No. 598 was read: The Senate amends House Bill No. 598 by striking over section 26, line 8, the word "court" and inserting in lieu thereof the word code, so that said line shall read as follows: "And any violation of the provisions of this section shall be a misdemeanor, and upon conviction shall be punished as described by Section 27-2506 of the code of Georgia I933 and shall forfeit his office." Mr. Rowland of Johnson moved that the House agree to the Senate amendment to House Bill No. 598. On the motion to agree, the ayes were I33, the nays o. The Senate amendment, having received the requisite majority, was agreed to. The following resolution of the House was read and ordered to lie on the table for one day: By Mr. Harrison of Jenkins- House Resolution No. I65. A RESOLUTION WHEREAS the members of the General Assembly have been very graciously entertained by the Department of Agriculture at the New Farmer's Market being 1216 JOURNAL OF THE HOUSE, constructed in West End in the City of Atlanta, and, WHEREAS project seems to be quite a sizeable one. THEREFORE, Be it resolved by the House that the Commissioner of Agri_ culture be, and he is hereby required and directed, not later than Friday of this week, to give the House of Representatives the following information, ta-wit: (1) The authority for the building of the Farmers' Market. (2) The method of financing the construction of the New Farmers' Market. (3) The name of the contractor and the contract price for the construction of said Market. (4) The date the contract for the construction of said Market was let, by whom the same was let, and whether or not the letting of the contract was by competitive bid. Under the order of business established by the Committee on Rules, the following resolution of the House was again taken up for consideration: By Mr. McClure of Catoosa- House Resolution No. 76-446A. A resolution that the Department of Public Safety be directed to pay the County of Catoosa such sum not exceeding $500.00 as may be necessary to reimburse Catoosa County for the hospitalization of the said Charles Coates, and for other purposes. The House was resolved into the Committee of the Whole House to consider House Resolution No. 76-446A, with Mr. Hand of Mitchell in the Chair. The Committee of the Whole House arose and through its Chairman, reported the bill back to the House with the recommendation that the same do pass. The report of the committee, which was favorable to the adoption of the resolution was agreed to. On the adoption of the resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Allison Anderson Anglin Ansley Arnall Atkinson Barlow Bates Bentley Blackshear Bloodworth Bowen Bradbury Branch Brooks of Mitchell Bruce Bynum Caldwell Callaway Candler Culpepper Curry Dallis Dalton Deal Dean Dorsey Drinkard Dunaway Dunn Easler Elliott Ennis, .J. H. WEDNESDAY, MARCH 19, 1941 1217 Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gillis Goddard Goolsby Gowen Graham Grayson Greene Grice Griffin Gross Guerry Hagan Harden Hardman Hardy Harris Harrison Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Hunnicutt Inglis Reiser Ingram Rich Jackson Richardson Johnson of Chattahoochee Roberts of Gwinnett Johnson of Pike Roberts of Walton Jones of Brantley Rogers Jones of Dodge Rossee Jones of Worth Roughton Kaigler Rowland Kea of Laurens Russell Kelley Sabados Kendrick Sheppard Key of Jasper Sills Lester Simmons Livingston Smiley Looper Smith of Hall Lovett Smith of Washington Maddox Smitha Mankin Southwell Mason Strickland Mavity Swint McClure Taft Mcintosh Tappan McEntire Thigpen Mills Thompson Mims Turner Mixon Vickers Moate Walker Moore of Lumpkin Weaver Musgrove Welsch Pannell Wetherbee Pickett Williams of Ware Pinkston Willoughby Pittman Witherington Price Yawn Those voting in the negative were Messrs.: Boone Bridges Campbell Cowart Davis Edwards Hogg McCracken Moss Parker Shannon Smith of Schley Suggs warnock Wells of Burke Whipple Williams of Bacon Williams of Harris Wohlwender Those not voting were Messrs.: Adams Aiken Aultman Barber Bennett Blease 1218 JOURNAL OF THE HOUSE, Brinson Brooks of Oglethorpe Chastain Clements Connell Daves Drake Dupree Dyal Gaston Gavin Gill Gray Hand Hart Horne Howard Joiner Jones of Richmond Kennedy Lewis Mann Martin Maund Maxwell McNall Miller Moore of Taliaferro Pettit Phillips Pilcher Rees Smith of Barrow Smith of Carroll Wells of Clayton Wells of Telfair Wilbanks Williams of Jackson Woods Wren Wright By unanimous consent the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were IJS, the nays 19. The resolution having received the requisite constitutional majority was adopted. Under the order of business established by the Committee on Rules, the following bills and resolutions were taken up for consideration and read the third time. By Messrs. Mann of Whitfield, Smith of Carroll, and Pannell of Murray- House Bill No. 6o6. A bill to be entitled an Act to provide for appointment of an agent for insurance companies in counties wherein policies of insurance are sold when insurer has no agent in such counties on whom service may be perfected, and for other purposes. The following substitute by Mr. Dunaway of DeKalb was read: A BILL To be entitled an Act to provide for venue in suits against insurers where policies of insurance are sold in any county in this State wherein the insurer has no resident agent, and for other purposes: Section I. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, that from and after the passage of this Act when any policy of insurance is sold in any county in this State wherein the insurer has no resident agent, suit may be filed in any court in such county having jurisdiction of the subject matter and service shall be perfected by serving a second original of such suit upon the designated agent for service of such insurer in this State when a foreign insurer and upon the secretary or manager of such insurer when a resident of this State, so that the venue of such suit may, at the election of the policyholder or beneficiary, be in the county wherein such policy of insurance is sold. Section 2. That all laws and parts of laws in conflict with this Act be, and same are hereby repealed. WEDNESDAY, MARCH 19, 1941 1219 Mr. Etheridge of Fulton moved the previous question, the call was sustained, and the main question ordered. The following amendments to the substitute were read and adopted. Mr. Hatchett of Meriwether, moves that Substitute House Bill No. 6o6 be amended by adding at the end of Section 1, the following: "or where the right of action accrues." Mr. Mims of Miller, moves to amend the Substitute to House Bill No. 6o6 by adding thereto a new Section to be appropriately numbered and to read as follows: "Violation of any of the terms of this Act shall be a misdemeanor." 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 121, the nays o. The bill having received the requisite constitutional majority was passed, by substitute, as amended. By ~essrs. Etheridge and Kendrick of Fulton, Hicks, and Rogers of Floyd- House Bill No. 236. A bill to be entitled an Act to amend an Act regulating the Barber and Hairdresser trade in Georgia; and for other purposes. The following committee substitute to House Bill No. 236 was read: A BILL To be entitled an Act to amend Chapter 84-4 of the Code of Georgia regulating the barber and hairdresser trades in Georgia, as amended by "An Act to bring hairdressers, beauty shops, beauty schools and colleges within the provisions of Chapter 84-4 of the Code of Georgia, regulating the barber profession; to differentiate a barber from a hairdresser for the purpose of this Act; to change the name of 'State Board of Barber Examiners', and to provide that said Board shall consist of five members; to extend the provisions of Chapter 84-4 of the Code throughout the State of Georgia; to authorize the Board to make rules as to sanitation and health in barber and beauty shops and in barber and beauty schools; to regulate the manner of teaching, learning, and serving the public in barber and beauty schools and colleges; to provide penalties for the violation of Chapter 84-4 of this Act; and for other purposes;" approved March 30, 1937; to bring manicurists within the provisions of Chapter 8-t-4 of the Code of Georgia, as amended by said Act of 1937; to differentiate a barber from a hairdresser or beautician for the purposes of this Act; to provide for membership and appointment of members of the State Board of Barber and Hairdresser Examiners; to provide for duties and compensation of such members; to prescribe the qualifications of barbers, hairdressers and manicurists and to specify the conditions under which they shall practice their trades in Georgia; to provide for the registration of barbers, hairdressers or beauticians, manicurists, teachers in barber or hairdressing schools and owners or proprietors of such schools or colleges and stu- 1120 JOURNAL OF THE HOUSE, dents therein; to provide for the qualifications of such teachers and the course of study to be pursued by students; to provide for the fees to be paid by both resident and non-resident barbers and hairdressers, by teachers or instructors in the art of hairdressing, registered students in barber schools or hairdressing schools and by manicurists in connection with examination and registration; to provide for funds to be placed at the disposal of said State Board of Barber and Hairdresser Examiners; to specify reasons for which the licenses of barbers, hairdressers or manicurists may be revoked; to provide penalties for the violation of the provisions of Chapter 84-4, as amended, and of this Act; to provide for the repeal of all laws and parts of laws in conflict with this Act, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: SECTION 1. This law is enacted in the exercise of the police power of this State and its purposes generally are to protect the public welfare, public health and public safety of the citizens of the State of Georgia. As the occupations of barber, of hairdresser or beautician, and of manicurist, as hereinafter defined, affect the health, comfort and wellbeing of our citizens, and of the public which patronizes the barber, hairdresser and manicuring shops of this State, in order to promote the public welfare, health and safety, and to prevent the transmission of disease, in view of the personal touch andc ontacts exercised in such occupations, and the need for clean, strong and healthy persons to engage therein, the occupation of barber and of hairdresser is hereby declared to be a business affecting the public health, public interest and public safety. The danger to public health, safety and welfare is immediate and impending, the necessity is urgent and such as will not admit of delay in public supervision, regulation and control, in accord with proper standards, of the occupation of barber and hairdresser. The foregoing statement of facts and the policy and application of this act are herein and hereby declared as a matter of legislative determination. SECTION 2. The Board styled State Board of Barber and Hairdresser Examiners, hereinafter referred to as Board, shall be composed of eight members, four of whom are to be appointed by the Governor. One of such members shall be an employing barber, one shall be an employing hairdresser, one shall be an employee barber and one shall be an employee hairdresser. Eligible persons shall have attained the age of 25 years, and must have had next before appointment at least five years experience in the practice of barbering or hairdressing within the meaning of this act, and shall actively engage in the practice of such occupation throughout such term of office. The four of the first appointees shall be named for two years. Thereafter members shall be appointed for a term of two years. All appointive vacancies on said Board however caused, shall be filled by the Governor for the remainder of the unexpired term. Each member of said Board shall hold office until his successor is appointed and qualified and none of such persons shall be qualified to act as a member until he or she shall have given bond in an authorized surety company in the sum of f,I,ooo.oo, with surety to be approved by the Secretary of State, conditioned for the faithful and impartial performance of his or her duties. The compensation to be paid members of the Board shall be $1o.oo per day for not ex. WEDNESDAY, MARCH 19, 1941 1221 ceeding sixty days in any year of service plus all actual traveling expenses. The Associated Master Barbers and Beauticians of Georgia, acting through its Executive Committee, may annually name two members of the Board, one to be a barber and the other to be a hairdresser. The Georgia Hairdressers Association through its Executive Committee may name one member annually and the Journeymen Barbers of Georgia through its Executive Committee may name one member annually. Members thus named by said Association shall serve without compensation and are relieved of giving bond. The members of the Board shall be considered public officers and take the oath required of such officers. SECTION 3 The Board shall elect its own Clerk who shall be an employee of the Board to serve for a term of two years. Said Clerk shall faithfully keep a record of the acts of the Board, issue all notices and assist in all examinations held by the Board, direct and supervise all inspectors and perform such other duties as may be required by the Board. To be eligible to hold said position one must be either a barber or a hairdresser, actively engaged in his or her occupation for five years next before appointment. Compensation of such Clerk shall be fixed by the Board in an amount not exceeding $2500 per annum plus actual traveling expenses. Such Clerk shall notbe related to any member of the Board, either by blood or marriage. Such Clerk shall give a bond payable qrthe Governor of the State in the sum of $ro,ooo conditioned for the faithful performance of such duties. SECTION 4 Any one who does hairdressing, manicuring, or the arranging, waving, dressing, curling, cleansing, thinning, cutting, bobbing, bleaching, tinting, coloring, steaming, straightening, dyeing, brushing, beautifying or otherwise treating by any means the hair of any person, singeing, shampooing or dyeing the hair, or applying hair tonics, applying cosmetic preparations, antiseptics, powders, oil, clay or lotions to scalp, face or neck, for C"ompensation, or otherwise, but who does not shave the masculine beard shall be considered as practicing the profession of hairdressing or beauty culture within the meaning of this act. SECTION 5 Any one who manicures, cuts, polishes, tints, colors or cleans the nails of any person or massages, polishes, treats or beautifies the hands and arms only of any person shall be considered as practicing the occupation of manicurist within the meaning of this act. SECTION 6. The examination fee for a manicurist shall be $J.OO. All persons now practicing as manicurists in this State are deemed qualified but after the passage of this act such persons must register with the Board and must satisfy the Board of freedom from infectious or contagious diseases and must obtain a certificate of registration within 90 days from date of passage. SECTION 7 Any person shall hereafter be qualified to receive a certificate of registration to practice as a manicurist: (1) Who is at least 16 years of age; and (2) Who is of good moral character and temperate habits; and (J) Who shall have had eight weeks training in an accredited school; and (4) Who shows that he or she is free from infectious and contagious diseases 1222 JOURNAL OF THE HOUSE, by presenting to the Board a negative Wasserman or Kahn laboratory report and also a certificate from medical doctor; and (5) Who shall pass a written, oral and practical examination conducted by the Board. The passing grade shall be 70%. SECTION 8. Any person shall be qualified to receive a certificate of registration to practice as a barber: (1) Who is at least 18 years of age; and (2) Who is of good moral character and temperate habits; and (3) Who shows that he or she is free from infectious and contagious diseases by presenting to the Board a negative Wasserman or Kahn Laboratory report and also a certificate from a medical doctor; and (4) Who has completed a course in a recognized school of not less than t ,ooo hours; and Who shall pass an examination conducted by the Board to determine his fitness. The passing grade shall be 70%. SECTION 9 Any person shall be eligible to receive a certificate of registration to practice as a hairdresser or beautician: (a) Who is at least 18 years of age; and (b) Who is of good moral character and temperate habits; and (c) Who has an eighth grade education, or its equivalent; and (d) Who has satisfactorily completed a course in a school approved by the Board of not less than 1200 hours; and (e) Who shows that he or she is free from infectious and contagious diseases by presenting to the Board a negative Wasserman or Kahn Laboratory report and also a certificate from a medical doctor; and (f) Who has passed a written, oral and practical examination conducted by the Board; the passing grade shall be 70%. SECTION 10. All barbers, hairdressers, teachers or instructors who at the passage of this act, hold unexpired certificate of registration issued by the State Board of Barber and Haridressers Examiners, as constituted before the passage of this act, shall be deemed qualified under this act to practice his or her occupation, subject, however, to the provisions of this act respecting renewal of certificate, revocation, suspension or forfeiture for misconduct. The passage of this act shall not affect any pending prosecution, proceeding for the revocation of licenses, nor the liability of persons now practicing as barbers or hairdressers, or operating schools, for past due fees, but the same shall be paid to the Board created under this act. WEDNESDAY, MARCH 19, 1941 1223 SECTION 1 1. Every registered barber, hairdresser, beautician~ manicurist, teacher or instructor in a barber or hairdressing school or college, or owner or proprietor of such college, shall annually on or before the first day of January of each year, renew his or her certificate of registration and shall pay the required renewal fee of $21.00. Every certificate of registration which has not been renewed during the month of January in any year shall expire and become void and of no effect; provided, however, that the same may be restored within thirty days from the date of expiration, by the payment of the fee hereinafter provided for. SECTION 12. Every teacher or instructor in a school of barbering, hairdressing or beauty culture, except a licensed physician, must hold a certificate of registration as a teacher or instructor. On and after the first day of May, 1941, no person shall be eligible to take a teacher's examination without possessing the following qualifications: Four years of high school work, or its equivalent, a six months' course comprising not less than one thousand hours, in an approved school, five years experience in the practice of barbering or beauty culture and also a teacher's course of four months, comprising not less than seven hundred hours in an approved school. SECTION IJ. In order to be eligible for approval by the Board a Beauty school or College must have not less than two instructors and necessary equipment and if the number of students enrolled shall exceed fifty, an additional instructor for each 25 students, or fraction thereof. An instructor is required to be in the study and class room of every school duri51g all class and study hours for the purpose of supervising all practice student work. Every instructor in an accredited school shall devote his or her entire time during school or class hours to that of instructing and shall not use her time in the prosecution of any other work during school hours. Students shall not be permitted to instruct or teach co-students in the absence of a teacher. SECTION 14. Training of students shall be in approved schools only and all schools or colleges for the training of hairdressers or beauticians now in operation are hereby required to obtain a permit under this act. The students in such schools shall be not less than 16 years of age upon admission and shall possess at least an eighth grade education or its equivalent. Each student in a day school shall complete a course of studey and training of not less than twelve hundred hours, through a period of not less than six consecutive months, and no more than twelve months. Such school shall keep permanently displayed at each entrance thereto a sign entitled "Beauty School" or "Beauty College". SECTION 15. Training of barber students shall be in approved schools only and all schools or colleges for the training of barbers now in operation are hereby required to obtain a permit under this act. The students in such schools shall be not less than 16 years of age upon admission and shall possess at least an eighth grade education, or its equivalent. Each student in a day school shall complete a course of study and training of less than one thousand hours, through a period of not less than six consecutive months, and not more than twelve months. Such school shall keep permanently displayed at each entrance thereto a sign entitled "Barber School" or "Barber College". JOURNAL OF THE HOUSE, SECTION 16. Upon the completion by any student of the prescribed course in a school approved by the Board, such student, after having successfully passed an examination by the Board, shall receive an annual license which will permit such student to practice barbering or hairdressing as an apprentice for a period of two years. At the end of said period such person shall be required to stand a final practical examination by the Board to receive a barber, hairdresser or beautician certificate; the fee for such examination shall be $1.00. The passing grade shall be 70%. SECTION 17 The examination fee to be paid by resident barbers, hair. dressers or beauticians shall be $15.00. The fee to be paid by barber or hairdresser for the issuance of a certificate of registration shall be $2.oo, and the fee for annual renewal thereof shall be $2.oo. The examination fee to be paid by a non-resident barber shall be $25.00, and the fee for issuance of certificate of registration shall be $2.00. Such non-resident must show good moral character and freedom from contagious and infectious diseases. No working permit shall be issued to any barber. The examination fee to be paid by a non-resident hairdresser or beautician shall be $50.00 and the license fee shall be $2.00. Such non-resident must show good moral character and freedom from contagious and infectious diseases. No working permit shall be issued to any hairdresser or beautician. The fee to be paid for the restoration of certificate of registration shall be $2. 50, provided application is made within sixty days of former certificate. In case a certificate is lost or destroyed, upon that fact being made known to the Board by a verified statement of the applicant, a duplicate shall have the word "DUPLICATE" stamped across the face thereof and bear the same number as the lost or destroyed certificate. The examination fee to be paid by an applicant to determine his or her fitness as a teacher or instructor in the art of hairdressing or of beauty culture, as defined hy this act, shall be $50.00. The fee to be paid by a registered student in an approved hairdressing or beauty school shall be $J.OO. The fee to be paid by a registered student in an approved barber school shall be $J.OO. The annual fee to be paid for an apprentice license shall be $2.00. The fee to be paid for issuance of certificate of registration for a manicurist shall be $2.00, and the fee for an annual renewal shall be $2.00. The fees referred to in this section shall be paid to the Joint-Secretary, State Examining Boards. SECTION 18. The Board may either refuse to issue or to renew, or may revoke the certificate of registration or any barber or hairdresser, or manicurist, or teacher in said schools or colleges for any of the following causes: WEDNESDAY, MARCH 19, 1941 !225 1. Gross malpractice or gross incompetency. 2. Advertising by means of knowingly false or deceptive statements. 3 Habitual drunkenness or habitual addiction to the use of habit-forming drugs. The accused shall be given at least twenty (2o) days' notice in writing of charges, and shall be accorded a public hearing by the Board. At the hearing, said Board shall have the authority to administer oaths, take evidence, and to procure by subpoena the attendance of witnesses and the production of relevant documentary evidence. SECTION 19. All persons, either natural or artificial, desiring to operate a barber school or college, or a hairdresser or beauty culture school or college, or a barber shop, or a beauty shop are hereby required to make application to the Board for a permit. Upon a satisfactory showing by such persons that all requirements of the law and of this Board have been met, a permit to conduct such shop, school or college will be issued. The inspection fee for issuance of such permit shall be $5.00. SECTION 20. Said Board shall on the first day of July in each year report to the Governor a full statement of the receipts and disbursements of the Board for the preceding year. Out of any moneys in the hands of the State Treasurer to the credit of the Board at the time of making such report, the Treasurer shall set aside a fund of $2o,ooo.oo, or such portion thereof as the funds in his hands from this source will permit, which fund shall be kept and used by him for the future maintenance of the State Board of Barber and Hairdresser Examiners. SECTION 21. Each of the following offenses shall be considered, under this act, as a misdemeanor, punishable upon conviction by a fine not exceeding $100.00, to-wit:' (a) The practice of the occupation of barber or hairdresser or beautician or manicurist without having first obtained a certificate of registration; (b) Permitting any person in one's employment, or under one's supervision or control, to practice as a barber or hairdresser or manicurist unless such person has a certificate of registration; (c) The obtaining of, or an attempt to obtain, a certificate of registration by any fraudulent misrepresentation; (d) The making of any wilfully false oath or affirmation under any of the provisions of this act; (e) Failure by any barber or hairdresser to display a certificate of registration in a conspicuous place in the shop where he or she may work; (f) Interfering with or obstructing any member of the Board or authorized employee in the inspection of barber or beauty shops or equipment thereof, or barber or beauty schools, or in the performance of any of the other duties prescribed in this act, or rules or regulations of the Board. SECTION 22. The operation of a barber shop or of a hairdressing shop or bar- 1226 JOURNAL OF THE HOUSE, her or beauty school by any person or persons, natural or artificial, without complying with the provisions of this act and with all regulations legally promulgated by the Board, is hereby declared to constitute a public nuisance, subject to be abated in equity at the instance of this Board. SECTION 23. If any portion or portions of this act is declared unconstitutional by a Court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the act which can be given effect despite the striking out of the invalid portion or portions. SECTION 24. All laws and parts of laws in conflict herewith are hereby repealed. The following Committee Amendments to the substitute were read: The Committee moves to amend House Substitute Bill No. 236 as follows: By striking the words "Two instructors" in line 2 of Section IJ, and substituting the words, to-wit: "One instructor to each twenty-five students, or fraction thereof." The Committee moves to amend the Committee Substitute to House Bill No. 236 by adding at the end of Section 2, thereof, a new sentence to read as follows: "Provided however, that no member of such Board with pay or travel expense or allowance as Inspector." Mr. Kea of Laurens moved that the bill be tabled. On the motion to table, Mr. Etheridge of Fulton moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Anglin Arnall Aultman Barber Barlow Bennett Blease Boone Bridges Bruce Cowart Curry Dalton Deal Drinkard Dupree Ford Foster of Paulding Fuller Gaston Gavin Gillis Graham Harden Hatchett Herrin Hooks Inglis Ingram .Johnson of Pike .Jones of Brantley .Jones of Dodge .Jones of Worth Kea of Laurens Mason Moate Moss Musgrove Parker Pickett Pinkston Rich Richardson Roberts of Walton Rowland Russell Smith of Schley Smith of Washington Thompson Walker Warnock Wells of Telfair Whipple Williams of Ware Willoughby Witherington Yawn WEDNESDAY, MARCH 19, 1941 1227 Those voting m the negative were Messrs.: Atkinson Bates Bentley Bloodworth Bowen Bradbury Brooks of Mitchell Bynum Caldwell Campbell Candler Connell Culpepper Dallis Dunaway Dunn Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Gill Goddard Goolsby Gowen Grayson Grice McEntire Griffin Mixon Gross Moore of Lumpkin Guerry Moore of Taliaferro Hand Pilcher Hardman Reiser Harris Roberts of Gwinnett Harrison Rossee Hartness Sabados Hicks Simmons Hogg Smitha Hunnicutt Southwell Jackson Strickland Johnson of:Chattahoochee Suggs Jones of Richmond Swint Kaigler Thigpen Kendrick Turner Livingston Vickers Maddox Weaver Mankin Wells of Burke Mann Welsch Maund Wetherbee McClure Williams of Bacon McCracken Williams of Harris Mcintosh Wohlwender Those not voting were Messrs.: Adams Aiken Allison Anderson Ansley Blackshear Branch Brinson Brooks of Oglethorpe Callaway Chastain Clements Daves Davis Dean Dorsey Drake Dyal Easler Ferguson of Camden Ferguson of Sumter Forrester Foster of Towns Fowler Gray Greene Hagan Hardy Hart Heard Holtzendorf Home Howard Joiner Kelley Kennedy Key of Jasper Lester Lewis Looper Lovett Martin Mavity Maxwell McNall Miller Mills Mims Pannell Pettit Phillips Pittman Price Rees 1228 JOURNAL OF THE HOUSE, Rogers Roughton Shannon Sheppard Sills Smiley Smith of Barrow Smith of Carroll Smith of Hall Taft Tappan Wells of Clayton Wilbanks Williams of Jackson Woods Wren Wright By unanimous consent, the verification of the roll call was dispensed with. On the motion to table, the ayes were 57, the nays 76. The motion to table was lost. The Committee Amendments to the substitute were adopted. The substitute, as amended, was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, as amended, was agreed to. On the passage of the bill, by substitute, as amended, the ayes were 103, the nays The bill having received the requis1te constitutional majority was passed, by substitute, as amended. By unanimous consent, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time: By Messrs. Joiner of Cook and Connell of Lowndes- House Bill No. 714. 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 County of Cook to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and 4 retiring a portion of its existing bonded indebtedness and interest thereon due and unpaid as of September I, I940, and which becomes due up to and including December I, I949, or any part thereof; 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 due and unpaid as of September I, I940, or which may become due up to and including December I, I949, or any part thereof; to provide how and when said refunding bonds may be executed, issued and delivered; to provide for the submission of the amendment for the 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 I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end a new paragraph, in the following words, to-wit: WEDNESDAY, MARCH I9, I94I "And except that the County of Cook may issue refunding serial bonds not in the excess of the aggregate sum of $4o,ooo.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said County outstanding, due and unpaid as of September I, I940, and any bonded indebtedness and interest thereon of said County outstanding and which becomes due up to and including December I, ~949, or any part thereof, 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 S() issued by the County of Cook to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of September I, I940, and any bonded indebtedness and interest thereon outstanding, and which becomes due up to and including December I, I949, or any part thereof. All of said refunding bonds shall bear one date of issue, and be executed by the proper county officials then in office, when authorized by a resolution of the officials of Cook County charged with the duty of managing its affairs, and shall be validated in the manner and under the procedure as is provided by law for the validation of original obligation bonds, and said refunding bonds shall be sold and delivered, and the proceeds used to acquire bonds, or exchange for bonds, of the existing County bonded indebtedness, such sales or exchanges to be made from time to time under authority of resolutions of the governing authority of said County. In case the officers whose signatures, or facsimile signatures, shall appear on the bonds or coupons shall cease to be such officers before delivery of such bonds, such signatures shall nevertheless be valid and sufficient in all respects, the same as if they had remained in office until such delivery." 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 mav be voted on, same shall at said general election be submitted to the people for ratifi~ation. 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 I, of the Constitution authorizing the County of Cook to issue Refunding llonds," and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article 7, Section 7, Paragraph I, of the Constitution, authorizing the County of Cook 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 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill the roll was called and the vote was as follows: I2JO JOUR~AL OF THE HOUSE, Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Lovett Ennis, Marion Maddox Etheridge Mankin Ferguson of Camden Mason Ferguson of Sumter Maund Ford Mavity Foster of Paulding McClure Foster of Towns McCracken Fowler Mcintosh Fuller McEntire Gaston Mims Gavin Mixon Gill Moate Gillis Moore of Lumpkin Goddard Moore of Taliaferro Gowen Pannell Graham Parker Grayson Pettit Greene Phillips Grice Pickett Griffin Pinkston Guerry Pittman Hand Price Harden Rkes Harrison Reiser Hartness Rich Hatchett Richardson Heard Roberts of Gwinnett Hicks Roughton Hogg Rowland Holtzendorf Russell Hooks Sabados Hunnicutt Shannon Inglis Sheppard Ingram Sills Johnson of Chattahoochee Simmons Joiner Smiley Jones of Dodge Smith of Hall Jones of Richmond Smith of Schley Jones of Worth Smitha Kea of Laurens Southwell Kelley Strickland Kennedy Suggs Key of Jasper Swint Lester Tappan Lewis Thigpen Livingston Thompson WEDNESDAY, MARCH I9, I94I I2Jl Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Witherington Yawn Those not voting were Messrs.: Boone Clements Culpepper Daves Dean Ennis, J. H. Forrester Goolsby Gray Gross Hagan Hardman Hardy Harris Hart Herrin Horne Howard Jackson Johnson of Pike Jones of Brantley Kaigler Kendrick Looper Mann Martin Maxwell McNall Miller Mills Moss Musgrove Pilcher Roberts of Walton Rogers Rossee Smith of Barrow Smith of Carroll Smith of Washington Taft Whipple Wilbanks Willoughby Wohlwender Woods Wren Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were I 57, the nays o. The bill having received the requisite two-thirds constitutional majority was passed. By Messrs. Jones and Yawn of Dodge- House Resolution No. IJI-742B. A RESOLUTION Proposing to the qualified voters of this State for ratification or rejection an amendment to Article 7, Section 7, Paragraph I of the Constitution so as to authorize the issuance of funding bonds for the retirement of county warrants or other legal indebtedness of the County of Dodge; to provide the conditions under which such bonds may be issued; to require the operation of Dodge County upon a cash basis after such funding bonds are issued and to make provision for the payment of the funding bonds authorized by this amendment; and for other purposes. Be it and it is hereby resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 7, Paragraph I of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a new subparagraph to read as follows: I2J2 JOURNAL OF THE HOUSE, "Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, Dodge 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 exofficio 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, when issued, to be known and designated as 'warrant refunding bonds.' In the event the privilege granted herein is exercised by said County, the County fiscal authorities are thereafter prohibited from issuing warrants and deferred payment orders on the treasury of said County, and sa;d County shall be operated on a cash basis so that all bills or claims chargeable to or against said County or payable out of the treasury of said County shall be paid monthly or otherwise as determined by ~he fiscal authorities 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 shall be issued until funds are on deposit sufficient to immediately pay same and all other checks then outstanding, and all such checks shall be signed by the chairman of said board or the chief executive officer of said County and signed or approved in writing by the treasurer of said County. The County fiscal authorities shall, notwithstanding this amendment, continue to have and exercise the right to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. The County fiscal authorities shall have the authority to budget and limit the cost and expenditures of the various officers and departments of sa1d County, other than the schools and the courts thereof and the expenses of courts, any existing provision of this Constitution or any law, rule or resolution of any other board, commissioner or authority to the contrary notwithstanding. Said warrant refunding bonds shall have such terms and provisions as to maturity, rate of interest and otherwise, as may be fixed by the County fiscal authorities, provided, however, that said bonds must all mature within thirty years from the date of issuance. Provision shall be made by the proper fiscal authority by formal resolut1on for the assessment and collectiOn of an annual tax in amount sufficient to pay the principle and interest of said warrant refunding bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness hereinabove described. Said warrant refunding bonds shall not be issued until so authonzed by an election held as hereinafter provided. When the County fiscal authorities shall by vote or resolution petition the ord;nary of the County to call an election for the purpose of determining whether or not said refunding bonds shall be issued, it shall be the duty of the ordinary, within thirty days after said resolution has been filed w'th h.m, to call an election for the purpose of submittmg to the qualified voters of the County the questiOn of the issuance of said bonds. Sa1d electwn shall be held and governed by all of the provisions of law now relatmg to other special elections, except that if a majority of the qualified voters voting in said election shall vote 'for the issuance of "warrant refunding bonds"', then the ordmary of the County shall so declare the result and said refunding bonds shall be validated and issued in the manner and under the procedure now provided by law for the validation of original obligation bonds, and in accordanc~ with this amendment. Should a majority of the WEDNESDAY, MARCH 19, 1941 1233 qualified voters in said election vote 'against issuance of "warrant refunding bonds"', then said bonds shall not be issued." Section 2. When this amendment shall have been agreed to by a two-thirds vote of the members of each House and the "ayes" and "nays" thereon entered upon the respective journals, it shall be published, an election held thereon and the results thereof declared in the manner and according to the procedure outlined in the Act of 1939, (Ga. Laws 1939, p. 305.) The report of the committee, which was favorable to the adopt!on of the resolution, was agreed to. On the adoptwn of the resolutwn, the roll was called and the vote was as follows: Those voting m the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hand Harden Harrison Hartness Hatchett Heard Hicks Hogg Holtzendorf Hooks Hunnicutt Inglis Ingram Johnson of Chattahoochee Joiner Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kelley Kennedy KeY of Jasper Lester Lewis Livingston Lovett Maddox Mankin Mason Maund Mavity McClure llJ4 JOURNAL OF THE HOUSE, McCracken Mcintosh McEntire Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Pannell Parker Pettit Phillips Pickett Pinkston Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett Roughton Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smitha Southwell Strickland Suggs Swint Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherb~ Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Witherington Yawn Those not voting were Messrs.: Boone Clements Culpepper Daves Dean Ennis, J. H. Forrester Goolsby Gray Gross Hagan Hardman Hardy Harris Hart Herrin Horne Howard Jackson Johnson of Pike Jones of Brantley Kaigler Kendrick Looper Mann Martin Maxwell McNall Miller Mills Moss Musgrove Pilcher Roberts of Walton Rogers Rossee Smith of Barrow Smith of Carroll Smith of Washington Taft Whipple Wilbanks Willoughby Wohlwender Woods Wren Wright By unanimous consent, the verification of the roll call was dispensed with. On the adoptiOn of the resolutiOn, the ayes were I 57, the nays o. The resolution having received the requisite twa-thirds constitutional majority was adopted. By Messrs. Roberts and Allison of GwmnettHouse Resolution No. 127-727A. WEDNESDAY, MARCH 19, 1941 I 2J5 A RESOLUTION Proposing to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, to authorize the Sunny Hill Consolidated School District of Gwinnett County 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 existing bonded indebtedness and mterest thereon, and for the purpose of building and equipping other school facilities; to authorize the issuance of said bonds; to provide for the retirement of said bonds by taxation; to restrict the use of the proceeds derived from the sale of said bonds; to provide for the submission of this amendment to the people; and for other purposes. Be it and it is hereby resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 7, Paragraph I of the Constitution of Georgia, as heretofore amended, be further amended by adding at the end thereof a new paragraph as follows: "And except that Sunny Hill Consolidated School District of Gwmnett County may issue refunding bonds not m excess of the aggregate sum of $14,000 for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School Distnct now outstanding whether now due or to become due, and for the purpose of building and equipping other school facilities in said District. Said bonds shall not be issued except after an election shall have been held in the manner hereinafter provided, at which a majority of the voters of said Consolidated School District voting at said election shall have voted 'for the issuance of refundmg bonds.' It shall be the duty of the Ordinary of Gwmnett County, in the event this amendment is ratified, to call a special election within thirty days of the date of the proclamation of the Governor declaring this amendment ratified to be held in said School District, and the ballots used therein 'hall have pnnted thereon 'for the issuance of refunding bonds' and 'against the issuance of refunding bonds,' and should a majonty of the qualified voters voting in said election vote 'for the issuance of refunding bonds' then the ordinarv shall consolidate the returns and so declare said result. Said election shall be held in accordance with the general laws, rules and regulations governing special elections, and the qualifications of voters who vote in said election shall be determined by said general laws. Shouid said election result in favor of the issuance of said refunding bonds they shall be validated in the manner provided by law. Said Board of Trustees, shali, by proper resolution, fix the denomination, maturity dates and interest rates upon said bonds. Said School District Trustees shall each year recommend to the fiscal authorities of said county the levy, 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 derived from the sale of said refunding bonds when issued shall be used exclusively for the pu:-poses aforesaid.'' SECTION 2. When this amendment shall have been agreed to by a two-thirds vote of the members of each House, and the "ayes" and "nays" thereon entered upon their respective journals, it shall be published and submitted to the people, and the returns and declaration of the result shall be made in the manner provided by the Act approved March 24th, 1939, (Ga. Laws, 1939, pp. 305, 307). JOURNAL OF THE HOUSE, The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson .Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Clements Connell Cowart Curry Dallis Dalton Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hand Harden Harrison Hartness Hatchett Heard Hicks Hogg Holtzendorf Hooks Hunnicutt Inglis Ingram Johnson of Chattahoochee Joiner Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kelley Kennedy Key of Jasper Lester Lewis Livingston Lovett Maddox Mankin Mason Maund Mavity McClure McCracken Mcintosh McEntire Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Pannell Parker Pettit Phillips Pickett Pinkston Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett WEDNESDAY, MARCH I9, I94I I2J7 Roughtqn Rowland Russell Sabados Shannon Sheppard Sills Simmons Smiley Smith of Hall Smith of Schley Smitha Southwell Strickland Suggs Swint Tappan Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Williams of Bacon Williams qf Harris Williams of Jackson Williams of Ware Witherington Yawn Those not voting were Messrs.: Boone Culpepper Daves Dean Ennis, J. H. Forrester Goolsby Gray Gross Hagan Hardman Hardy Harris Hart Herrin Horne Howard Jackson Johnson of Pike Jones of Brantley Kaigler Kendrick Looper Mann Martin Maxwell McNall Miller Mills Moss Musgrove Pilcher Roberts of Walton Rogers Rossee Smith of Barrow Smith of Carroll Smith of Washington Taft Whipple Wilbanks Willoughby Wohlwender Woods Wren Wright By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolutiOn, the ayes were I 57, the nays o. The resolution having received the requisite two-thirds constitutional majority was adopted. By Senator Kirkland of the 49th District- Senate Bill No. IJ5 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 Evans County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant and script indebtedness 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 pay- 1238 JOURNAL OF THE HOUSE, able 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 exe'cuted; to legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 reje.ction by the people; and for other purposes. BE IT ENACTED BY the General Assembly of the State of Georgia, and it is hereby enact<;cl by authority of same: 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 thereto a paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Evans County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing warrant and script indebtedness of said County, including interest due or payable thereon, as the same appears of record in the office of the Commissioners of Roads and Revenues of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 6o days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds." In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by Clerk Board County Commissioners of said County, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance WEDNESDAY, MARCH 19, 1941 1239 of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection of an annual tax sufficient in amount to pay the prinpal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when so authorized by a majority vote and resolution of the governing authority of Evans County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 the 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 Evans County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Evans County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law. Section J Be it further enacted that all laws, or parts of laws, in conflict herewith be, and the same are, hereby repealed. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill the roll was called and the vote was as follows: . JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Lovett Ennis, Marion Maddox Etheridge Mankin Ferguson of Camden Mason Ferguson of Sumter Maund Ford Mavity Foster of Paulding McClure Foster of Towns McCracken Fowler Mcintosh Fuller McEntire Gaston Mims Gavin Mixon Gill Moate Gillis Moore of Lumpkin Goddard Moore of Taliaferro Gowen Pannell Graham Parker Grayson Pettit Greene Phillips Grice Pickett Griffin Pinkston Guerry Pittman Hand Price Harden Rees Harrison Reiser Hartness Rich Hatchett Richardson Heard Roberts of Gwinnett Hicks Roughton Hogg Rowland Holtzendorf Russell Hooks Sabados Hunnicutt Shannon Inglis Sheppard Ingram Sills Johnson of Chattahoochee Simmons Joiner SmileY Jones of Dodge Smith of Hall Jones of Richmond Smith of Schley Jones of Worth Smitha Kea of Laurens Southwell Kelley Strickland Kennedy Suggs Key of Jasper Swint Lester Tappan Lewis Thigpen Livingston Thompson WEDNESDAY, MARCH I9, I94I Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Witherington Yawn Those not voting were Messrs.: Boone Clements Culpepper Daves Dean Ennis, J. H. Forrester Goolsby Gray Gross Hagan Hardman Hardy Harris Hart Herrin Horne Howard Jackson Johnson of Pike Jones of Brantley Kaigler Kendrick Looper Mann Martin Maxwell McNall Miller Mills Moss Musgrove Pilcher Roberts of Walton Rogers Rossee Smith of Barrow Smith of Carroll Smith of Washington Taft Whipple Wilbanks Willoughby Wohlwender Woods Wren Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were I 57, the nays o. The bill having received the requisite two-thirds constitutional majority was passed. By Senator Campbell of the 34thc DistrictSenate Bill No. I87. 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 Hart County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds suffici~;nt in amount to pay off and retire the designated warrant indebtedness 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; to provide how said bonds shall be authorized, validated and issued; to require the fiscal authority of said County JOURNAL OF THE HOUSE, 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 same: Section I. That Article 7, Section 7, Paragraph I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bond purposes, Hart County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all unpaid, outstanding and existing lawful warrant indebtedness of said County, including interest due or payable thereon, as the same appears on record in the office of the Board of Commissioners of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 6o days next after the date of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds." In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; FlO such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by the Clerk of said authority, with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the next ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for WEDNESDAY, MARCH I9, I94I the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said Funding Bonds as they respectively become due, and the proceeds of said bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Provided, however, said Refunding Bonds shall not issue without the assent of two-thirds of the qualified registered voters of Hart County at an election held as prescribed by law, and provided, further, that said two-thirds so voting shall be a majority of the registered qualified voters of said County; and if the issuance of such Refunding Bonds is authorized, the same shall then be validated in the manner and under the procedure as is required by law for the validation of original obligation bonds, in which proceedings any tax payer of said County may contest the legality of any debt, for the payment of which said Refunding Bonds, are issued, and no check shall be issued on the proceeds of the said refunding bonds, to pay any indebtedness of said County or for any other purpose, uniess signed by each and every commissioner of said county at the regular monthly meeting of said Board of Commissioners. Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to bv two-thirds vote of the members of each House, with the "ayes" and "nays" the;eon, the Governor is hereby directed to have this proposal published in one or more newspapers in each Congressional District in this S!ate 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 I, of the Constitution, so as to authorize Hart County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 I, of the Constitution, so as to authorize Hart County to issue Funding Bonds and thereafter to operate on a cash basis, 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 7, Section 7, Paragraph I, 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. 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 was called and the vote was as follows: JOURNAL OF THE HOUSE, Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin AnsleY Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Lovett Ennis, Marion Maddox Etheridge Mankin Ferguson of Camden Mason Ferguson of Sumter Maund Ford Mavity Foster of Paulding McClure Foster of Towns McCracken Fowler Mcintosh Fuller McEntire Gaston Mills Gavin Mims Gill Mixon Gillis Moate Goddard Moore of Lumpkin Gowen Moore of Taliaferro Graham Pannell Grayson Parker Greene Pettit Grice Phillips Griffin Pickett Guerry Pinkston Hand Pittman Harden Price Harrison Rees Hartness Reiser Hatchett Rich Heard Richardson Hicks Roberts of Gwinnett Hogg Roughton Holtzendorf Rowland Hooks Russell Hunnicutt Sabados Inglis Shannon Ingram Sheppard Johnson of Chattahoochee Sills Joiner Simmons Jones of Dodge Smiley Jones of Richmond Smith of Hall Jones of Worth Smith of Schley Kea of Laurens Smitha Kelley Southwell Kennedy Strickland Key of Jasper Suggs Lester Swint Lewis Tappan Livingston Thigpen WEDNESDAY, MARCH I9, I94I I245 Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Witherington Yawn Those not voting were Messrs.: Boone Clements Culpepper Daves Dean Ennis, J. H. Forrester Goolsby Gray Gross Hagan Hardman Hardy Harris Hart Herrin Home Howard Jackson Johnson of Pike Jones of Brantley Kaigler Kendrick Looper Mann Martin Maxwell McNall Miller Moss Musgrove Pilcher Roberts of Walton Rogers Rossee Smith of Barrow Smith of Carroll Smith of washington Taft Whipple Wilbanks Willoughby Wohlwender Woods Wren Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were I 57, the nays o. The .bill having received the requisite twO-thirds constitutional majority was passed. By Senator Whaley of the 45th District- Senate Resolution No. 54-I95A. A RESOLUTION 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 Irwin County by vote of its fiscal authority to issue, in addition to all other bonds, Funding Bonds sufficient in amount to pay off and retire the designated warrant indebtedness 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 legalize tax levies and to authorize the levy and collection of a tax in the current year for use, all or in part, for the operation of said County for the ensuing year; 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 JOURNAL OF THE HOUSE, 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 same: SECTION I. That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding thereto a paragraph in the following words and language, to-wit: Provided, however, that in addition to the bonded indebtedness now or hereafter authorized by this Constitution, and without restriction as to the limitation of taxable values of property for bonded purposes, Irwin County is hereby authorized and empowered to issue bonds sufficient in amount to refund, pay off, and retire all 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 of said County on the date as determined by the governing authority of said County, which date shall be not earlier than 10 days and not more than 6o days next after the date of the proclamation of the Governor declaring this amendment ratified; said bonds to be known and designated as "Funding Bonds." In the event the privilege granted herein is exercised by said County after said date as so determined by said governing authority, said County and the governing authority 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 may be determined by the governing authority of said County, by checks drawn on the depository or depositories holding the funds of said County, and in no other way; no such checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other then outstanding checks, all such checks to be signed by the Chief Executive Officer of said governing authority, and countersigned by one other member thereof with the right in said governing authority to borrow money to supply casual deficiencies in revenue as heretofore authorized by this Constitution. All tax levies for lawful County purposes heretofore made and made in the year 1941 and in each year thereafter by the governing authority charged with the duty of managing said County's affairs shall be legal, with the express power and authority in said governing authority to levy and collect taxes for lawful County purposes for the then current year for use all or in part in the operation of said County for the ensuing year. No violation of any provision of this amendment as to the conduct of the fiscal affairs of said County after the date determined by the governing authority for the issuance of Funding Bonds shall in any wise affect or impair the validity of said Funding Bonds. Said Funding Bonds shall have such terms and provisions as to maturity, rate of interest, and otherwise as may be fixed by the governing authority of said County, provided, however, that said bonds must all mature within thirty years from date of issuance. Provision shall be made by the governing authority by resolution for the assessment and collection an annual tax sufficient in amount to pay the principal and WEDNESDAY, MARCH 19, 1941 interest of said Funding Bonds as they respectively become due, and the proceeds of c;aid bonds shall be used exclusively for the purpose of paying and retiring the warrant indebtedness and interest thereon of said County, as may be determined by the date set by the governing authority of said County. Said Funding Bonds shall be issued under the authority hereof when authorized by a majority vote and resolution of the governing authority of Irwin County, but without the necessity of an election as in the case of original obligation bonds of said County, and shall then be validated in the manner and under the procedure 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 Irwin County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 Irw_in County to issue Funding Bonds, and thereafter to operate on a cash basis, 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 ratificat,ion 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 7, Section 7, Paragraph 1, 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. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution the roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe 1248 JOURNAL OF THE HOUSE, Bruce Bynum Caldwell Callaway Campbell Candler Chastain Connell Cowart Curry Dallis Dalton Davis Deal Dorsey Drake Drinkard Dunaway Dunn Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Gowen Graham Grayson Greene Grice Griffin Guerry Hand Pickett Harden Pinkston Harrison Pittman Hartness Price Hatchett Rees Heard Reiser Hicks Rich Hogg Richardson Holtzendorf Roberts of Gwinnett Hooks Roughton Hunnicutt Rowland Inglis Russell Ingram Sabados Johnson of Chattahoochee Shannon Joiner Sheppard Jones of Dodge Sills Jones of Richmond Simmons Jones of Worth Smiley Kea of Laurens Smith of Hall Kelley Smith of Schley Kennedy Smitha Key of Jasper Southwell Lester Strickland Lewis Suggs Livingston Swint Lovett Tappan Maddox Thigpen Mankin Thompson Mason Turner Maund Vickers 'Mavity Walker McClure Warnock McCracken Weaver Mcintosh Wells of Burke McEntire Wells of ClaytOn Mims Wells of Telfair Mixon Welsch Moate Wetherbee Moore of Lumpkin Williams of Bacon Moore of Taliaferro Willims of Harris Pannell Williams of Jackson Parker Williams of Ware Pettit Witherington Phillips Yawn Those not voting were Messrs.: Boone Culpepper Clements Daves Dean Ennis, J. H. WEDNESDAY, MARCH 19, 1941 1249 Forrester Goolsby Gray Gross Hagan Hardman Hardy Harris Hart Herrin Home Howard Jackson Johnson of Pike Jones of Brantley Kaigler Kendrick Looper Mann Martin Maxwell McNall Miller Mills Moss Musgrove Pilcher Roberts of Walton Rogers Rossee Smith of Barrow Smith of Carroll Smith of Washington Taft Whipple Wilbanks Willoughby Wohlwender Woods Wren .Wright By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 157, the nays o. The resolution having received the requisite two..thirds constitutional majority was adopted. Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time: By Mr. Mims of Miller- House Bill No. 381. A bill to be entitled an Act to repeal an Act making it illegal to fish on the Sabbath day; and for other purposes. The previous question was ordered. 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 24, the nays 123. The bill having failed to receive the requisite constitutional majority was lost. Mr. Walker of Grady arose to a question of personal privilege and addressed the House. Mr. Mims of Miller arose to a question of personal privilege and addressed the House. By Messrs. Lester of Richmond and Lovett of Laurens- House Resolution No. 147-757A. A resolution providing for the appointment of a commission of five by the Governor to study County Governments in Georgia; and for other purposes. JOURNAL OF THE HOUSE, Mr. Kea of Laurens moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the adoption of the resolu tion, was agreed to. On the adoption of the resolution, Mr. Lester of Richmond moved the ayes and nays and the call was sustained. The roll was called, and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Allison Anderson Anglin Arnall Atkinson Bates Bennett Bentley Blease Bloodworth Bradbury Brinson Brooks of Mitchell Bruce Bynum Callaway Campbell Curry Dorsey Easler Edwards Ferguson of Sumter Foster of Paulding Goddard Grice Griffin Guerry Hand Harden Hardman Harris Hatchett Heard Hicks Holtzendorf Hunnicutt Ingram Jones of Richmond Kea of Laurens Kendrick Kennedy Key of Jasper Lester Lovett Maddox Mason Maund Mavity McClure McEntire Mixon Pannell Parker Pettit Pickett Pittman Price Rees Reiser Richardson Roughton Rowland Sabados Sills Smith of Schley Suggs Swint Vickers Weaver Wells of Clayton Wetherbee Williams of Harris Williams of Ware Those voting in the negative were Messrs.: Ansley Aultman Barber Barlow Bowen Boone Branch Bridges Caldwell Candler Connell Cowart Culpepper Dallis Dalton Deal Drake Drinkard Dunaway Dunn Dupree Dyal Elliott Ennis, Marion Etheridge Ferguson of Camden Ford Foster of Towns Fuller Gaston WEDNESDAY, MARCH 19, 1941 Gavjn Kaigler Gill Kelley Gillis Lewis Goolsby Livingston Gowen Mankin Graham McCracken Greene Mcintosh Gross Mills Hardy Mims Harrison Moate Herrin Moss Hogg Musgrove Hooks Phillips Inglis Pilcher Johnson of Chattahoochee Pinkston Joiner Rich Jones of Brantley Roberts of Gwinnett Jones of Dodge Rogers Jones of Worth Russell Sheppard Simmons Smiley Smitha Southwell Strickland Tappan Thigpen Thompson Walker Warnock Wells of Burke Welsch Williams of Bacon Williams of Jackson Witherington Wohlwender Yawn Those not voting were Messrs.: Adams Blackshear Brooks of Oglethorpe Chastain Clements Daves Davis Dean Ennis, J. H. Forrester Fowler Gray Grayson Hagan Hart Hartness Home Howard Jackson Johnson of Pike Looper Mann Martin Maxwell McNall Miller Moore of Lumpkin Moore of Taliaferro Roberts of Walton Rossee Shannon Smith of Barrow Smith of Carroll Smith of Hall Smith of Washington Taft Turner Wells of Telfair Whipple Wilbanks Willoughby Woods Wren Wright By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 74, the nays 86. The resolution was lost. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the Senate, to-wit: JOURNAL OF THE HOUSE, By Senator Park of the 19th District- Senate Resolution No. 68-228. A resolution relating to the expense of experiments being conducted at the Herty Foundation Laboratory. The following message was received from the Senate through Mr. Camp, 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 Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton- House Bill No. 173 A bill to amend the Budget Law for Fulton County so as to define the method for determining anticipated expenditure in any future budget, etc.; and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 725. A bill 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 Crawford School Distriq a bonded school district, in Oglethorpe County, to issue bonds for the purpose of funding and/or refunding and retiring any or all of its bonded indebtedness at any time outstanding, including interest thereon; and for other purposes. The following message was received from the Senate through Mr. Camp, 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. Bloodworth, Grice and Weaver of Bibb, Turner, Candler and Dunaway of DeKalb, and Williams of Jackson- House Bill No. 165. A bill to aP-propriate to the State Department of Public Welfare, in addition to any other appropriation made thereto, certain sums for the support, maintenance and equipment of the negro division of the Georgia Training Schools for girls; and for other purposes. By Mr. Brooks of Mitchell- House Bill No. 505. A bill to amend an Act entitled General Tax Act so as to provide in regard to taxation of vending machines for dispensing articles composed partly of peanuts, pecans, and other nuts grown in the United States; and for other purposes. By Mr. Heard of Elbert- House Bill No. 695. A bill to amend the charter of the City of Elberton, Ga.; and for other purposes. WEDNESDAY, MARCH 19, 1941 1253 By Messrs. Lovett and Kea of Laurens- House Bill No. 716. A bill to amend the Act entitled an Act to create a new charter for the City of Dublin; and for other purposes. By Mr. Brooks of Oglethorpe- House Bill No. 727. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Oglethorpe County to issue refunding bonds; and for other purposes. By Messrs. Brooks of Mitchell, Dallas ofTroup, and others- House Bill No. 49 A bill providing a seed law for Georgia to conform with the Federal Seed Act; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House, to-wit: By Senators Odum of the 9th District, Campbell of the 34th District and Couch of the pnd District- Senate Bill No. 75 A bill to permit the operation of motion picture theatres on Sundays; and for other purposes. By Senator Wall of the 28th District___: Senate Bill No. 183. A bill to provide for a course of instruction in veterinary medicine and surgery at the College of Agriculture, Athens, Ga.; and for other purposes. By Senator Gross of the 2oth District- Senate Bill No. 185. A bill to provide for the care, maintenance and support of the spouse and children, or either, of incompetent persons from the property or estate of such incompetent; and for other purposes. By Senator Cannon of the 40th District- Senate Bill No. 188. A bill to amend an Act entitled "An Act to provide for the payment of a license by certain persons fishing within the State of Georgia, to prescribe penalties for the violation of this Act"; and for other purposes. By Senator Pilcher of the 7th District and Houston of the 51st District- Senate Bill No. 198. A bill to define as legal investments for certain fiduciaries, money not exceeding $5,000.00 deposited in an interest bearing account in any bank; and for other purposes. By Senators Coker of the 39th District and Cannon of the 4oth District- Senate Bill No. 199. A bill to regulate the sale of group hospitalization insurance contracts; and for other purposes. 1254 JOURNAL OF THE HOUSE, By Senator Redwine of the 26th District- Senate Bill No. 208. A bill to amend Section 32-1006 of the Georgia Code of 1933 relating to the compensation of county superintendents of schools, by providing that the county board of education may authorize the county superintendent of schools to employ clerical and office help and allow him compensation for the expenses so incurred; and for other purposes. By Senators Redwine of the 26th District and Houston of the 51st District- Senate Bill No. 210. A bill to amend Title 92 (Public Revenue), Division I (Sources of Revenue) Part IX, (Income Taxes) of the Code as amended by the act approved March 28, 1935, and by the act approved March 3oth, 1937, by amending Section 92-3303, so as to provide for prompt determination of taxes due on income of decedent, or decedent's estate, and to limit the time; and for other purposes. By Senator Smith of the 24th District- Senate Bill No. 214. A bill to amend an Act entitled "An Act providing for the acquisition, construction, operation and regulation of airports and other navigation facilities"; and for other purposes. By Senator Redwine of the 26th District- Senate Bill No. 226. A bill to amend Section IJ,90I of the Code which provides for the method of incorporating banks, the amount of capital thereof; and for other purposes. By Senator Striplin of the 37th District- Senate Bill No. 227. A bill to create a board of Commissioners of Roads and Revenues for the County of Heard; and for other purposes. By Senator Dorsey of the 32nd District- Senate Resolution No. 62-223A. A resolution authorizing the State Librarian to furnish certain Supreme Court Reports; and for other purposes. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton- House Bill No. 172. A bill to provide a budget for all counties in this State having a population of 200,000 or more by the United States Census of 1930; and for other purposes. By Mr. Bennett of Jeff Davis- House Bill No. 294 A bill to amend the Constitution of Georgia so as to permit the City of Hazlehurst to incur additional bonded indebtedness; and for other purposes. By Mr. Horne of Crisp- House Bill No. 355 A bill to propose an amendment to the Omstitution so as to authorize the City of Cordele to incur a bonded indebtedness in addition to that heretofore authorized; and for other purposes. WEDNESDAY, MARCH I9, I94I I255 By Mr. Mixon of Irwin- House Bill No. 406. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph I of the Constitution of Georgia authorizing Irwin County to issue bonds in the amount necessary to pay off current indebtedness; and for other purposes. By Mr. Rowland of Johnson- House Bill No. 420. A bill to amend the Constitution so as to authorize the Wrightsville Consolidated School District to incur a bonded indebtedness in addition to that already authorized; and for other purposes. By Mr. Daves of Dooly- House Bill No. 425. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Dooly; and for other purposes. By Mr. Fuller ofToombs- House Bill No. 454 A bill to propose to the qualified voters of Georgia an amendment of Article 7, Section 7, Paragraph I, of the Constitution of Georgia, so as to authorize Toombs County to issue Funding Bonds; and for other purposes. By Mr. Dyal of Appling- House Bill No. 498. A bill to amend an Act to create the office of Commissioner of Roads and Revenues for Appling County; and for other purposes. By Messrs. Weaver, Grice and Bloodworth of Bibb- House Bill No. 511. A bill 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 City of Ma~on to issue notes or debt certificates for financing appropriations for and contributions to local, State or National Defense; and for other purposes. By Mr. Foster of Paulding- House Bill No. 5I7. A bill 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 Paulding County by vote of its fiscal authority to issue Funding Bonds; and for other purposes. By Messrs. Barber and Barlow of Colquitt- House Resolution No. 9o-511B. A resolution proposing an amendment to the Constitution so as to authorize the City of Doerun to refund its bonded indebtedness; an~ for other purposes. By Mr. McCracken of Jefferson- House Resolution No. 96-55IA. A resolution to amend the Constiution so as to authorize School District No. IO in Jefferson County to incur additional bonded indebtedness; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Grayson, MeNall and Atkinson of Chatham- . House Resolution No. 9g-563A. A resolution proposing an amendment to the Constitution so as to authorize Chatham County to levy school taxes; and for other purposes. By Mr. Kaigler of Quitman- House Bill No. f28. A bill to propose to the qualified voters of Georgia an amendment, so as to authorize Quitman County to issue Funding Bonds, and for other purposes. By Mr. Fuller ofToombs- House Bill No. 533 A bill to propose an amendment to the Constitution so as to authorize the City of Vidalia to incur a bonded indebtedness; and for other purposes. By Mr. Mims of Miller- House Bill No. 534 A bill to propose to the qualified voters of Georgia an amendment to the Constitution of Georgia, so as to authorize Miller County to issue warrant Fundi,ng Bonds sufficjent to pay off warrant indebtedness of said county; and for other purposes. By Mr. Fuller ofToombs- House Bill No. 561. A bill to propose to the qual.itied voters of Georgia an amendment to the Constitution of Georgia, so as to authorize the Johnson Corner School District of Toombs County to incur a bonded ipdebtedness in addition to that heretofore authorized by the Constitution of Georgia; and for other purposes. By Messrs. Weaver, Bloodworth and Grice of Bibb- House Bill No. 616. A bill to propose to amend the Constitution of Georgia so as to authorize Bibb County to make temporary loans between January 1st and . December JISt of each year to be paid out of the revenues received by that county in that year; and for other purposes. By Mr. Southwell of Charlton- House Bill No. 622. A bill to amend "An Act of the General Assembly of the State of Georgia, creating a Board of Conl'missioners of Roads and Revenues for the County of Charlton" to provide for an additional road district and additional board member, etc.; and for other purposes. By Mr. Rowland of Johnson- House Bill No. 623. A bill to amend an Act creating a new charter for the City of Wrightsville; and for other purposes. By Mr. Bennett of Jeff Davis- House Bill No. 641. A bill to create the office of County Custodian for Jeff Davis County; and for other purposes. WEDNESDAY, MARCH 19, 1941 1257 By Mr. Brooks of Oglethorpe- House Bill No. 646. A bill to propose to the qualified voters- of Georgia an amendment to the Constitution of Georgia, so as to authorize the City of Crawford to incur a bonded indebtedness; and for other purposes. By Mr. Adams of Wheeler- House Bill No. 655. A bill to provide for the holding of three terms of the Superior Court of Wheeler County, Georgia; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 658. A bill to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County; and for other purposes. By Mr. Bennett of Jeff Davis- House Bill No. 667. A bill to propose an amendment to the Constitution so as to authorize the Excelsior Consolidated School District of Jeff Davis County to incur a bonded indebtedness; and for other purposes. By Mr. Bennett of Jeff Davis- House Bill No. 669. A bill to provide for the deposition of all funds, records, papers, and accounts that may have been kept regarding said depository for Jeff Davis County; and for other purposes. By Mr. Fuller ofToombs- House Bill No. 681. A bill to amend an Act creating the offices of Commissioner of Roads and Revenues for the County of Toombs; and for other purposes. By Mr. Gowen of Glynn- House Bill No. 700. A bill to authorize the Commissioners of Roads and Rev- enues for Glynn County, Georgia, to sell or lease, all or any part of the dedicated areas in that subdivision on St. Simons Island in Glynn County, Georgia, known as "Arnold Villa Estates; and for other purposes. By, Messrs. Brooks and Hand of Mitchell- House Bill No. 702. A bill proposing an amendment to the Constitution so as to authorize the Board of Education of Mitchell County to make temporary loans; and for other purposes. By Mr. Dunaway of DeKalb- House Bill No. 7o6. A bill to amend the charter of the City of Pine Lake; and tor other purposes. By Messrs. Hooks and Woods of Emanuel- House Bill No. 707. A bill providing for a twO-year term for the Mayor of the City of Swainsboro; and for other purposes. JOURNAL OF THE HOUSE, By Mr. Anderson of Wayne- House Bill No. 713. A bill to amend an Act to incorporate and create a new charter for the City of Jesup; and for other purposes. By Messrs. Dorsey and Welsch of Cobb- House Bill No. 71 5 A bill to amend an Act to authorize the Mayor and Council for the City of Marietta to hold an election for the issuance of bonds; and for other purposes. By Messrs. Atkinson, Grayson and McNall of Chatham- House Bill No. 717. A bill to amend the several acts incorporating the City of Savannah; and for other purposes. By Mr. Brinson of Chattooga- House Bill No. 722. A bill to amend an Act to create and incorporate the City of Summerville; and for other purposes. ~y Mr. Brooks of Oglethorpe- House Bill No. 726. A bill proposing an amendment to the Consti~ution so as to authorize the City of Lexington to issue bonds; and for other purposes. By Messrs. Welsch and Dorsey of Cobb- House Resolution No. 72-421A. A resolution proposing an amendment so as to authorize Cobb County to issue funding bonds; and for other purposes. By Messrs. Williams and Bates of Ware- House Resolution No. 84-491A. A resolution proposing an amendment so as to allow the City of Waycross to incur a bonded indebtedness; and for other purposes. By Messrs. Dunaway, Turner and Candler of DeKalb- House Bill No. 64. A bill to amend Title 61, Chapter 3 of the Code of Georgia, so as to extend the provisions of said chapter to include croppers and servants who continue to hold possession of lands and tenements, after their employment as such has terminated; and for other purposes. By Messrs. Evans of McDuffie, Culpepper of Fayette, Lovett of Laurens, Blease of Brooks, and Elliott of Muscogee- House Bill No. 499 A bill to provide for the survival of suits commenced by or against public officers in their official capacity in favor of or against their successors in office in the event of death, removal, resignation or expiration of the term of such officers; and for other purposes. By Messrs. Dorsey of Cobb and Dunaway of DeKalbHouse Bill No. 592. A bill to amend Paragraph 43 of the General Tax Act of 1935 by providing that domestic and domesticated foreign corporations shall be taxed on the same basis; and for other purposes. WEDNESDAY, MARCH 19, 1941 1259 By Mr. Bennett of Jeff Davis- House Bill No. 640. A bill to propose to the qualified voters of Georgia an amendment so as to authorize Jeff Davis County to issue sufficient funding bonds; and for other purposes. The Senate has read and adopted the following resolutions of the House, to-wit: By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll- House Resolution No. 134 A resolution expressing appreciation to the citizens of Charlton County and to the officers and staff of the C. C. C. camp for their hospitality and entertainment extended members of the various committees of the General Assembly while on tours of inspection; and for other purposes. By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll- House Resolution No. 135. A resolution expressing appreciation to the citizens of Ware County and to their honorable representative, Jack Williams, for kindness and entertainment extended to members of the various committees of the General Aseembly while on tours of inspection; and for other purposes. By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll- House Resolution No. 136. A resolution expressing appreciation and thanks to the citizens of the City of Macon and .the County of Bibb for entertaining and courtesies shown the members of the various committees of the General Assembly while on tours of inspection; and for other purposes. By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll- House Resolution No. 137. A resolution expressing thanks and appreciatiOn for the courtesies and entertainment extended members of the various committees of the General Assembly while on a tour of institutions in Tattnall County; and for other purposes. By Messrs. Gaston of Butts, Wells of Burke and Smith of Carroll- House Resolution No. 138. A resolution expressing thanks and appreciation to the citizens and officers of the City of Savannah in the County of Chatham for entertainment and courtesies given in honor of the various committees of the General Assembly while on tours of inspection; and for other purposes. By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll- House Resolution No. 139 A resolution expressing thanks and appreciation to the citizens and officers of the City of Jesup in the County of Wayne for the kindness and hospitality shown members of the various committees of the General Assembly while on a tour of inspection; and for other purposes. By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll- House Resolution No. 140. A resolution expressing appreciation to the Honorable Henry Ford, part-time citizen of Georgia, for his kindness and that of his agents and employees at Ways, Ga., for permitting various committees of the General n6o JOURNAL OF THE HOUSE, Assembly to visit and inspect the buildings, shops, and the plantations m Bryan County; and for other purposes. By Messrs. Gaston of Butts, Wells of Burke and Smitha of Carroll- House Resolution No. 141. A resolution expressing appreciation and thanks for the City of Jackson, in the County of Butts, and to the Mayor of said City and to the officers of said county for the kindness and hospitality extended to members of the various committees of the General Assembly while on tour of inspection; and for other purposes. By Messrs. Gaston of Butts, Wells of Burke, and Smitha of Carroll- House Resolution No. 142. A resolution expressing appreciation to the citizens of Brunswick for entertainment and courtesies extended the members of the various committees of the General Assembly while on a tour of inspection; and for other purposes. By Messrs. Gaston of Butts, Wells of Burke, and Smitha of CarrollHouse Resolution No. 143. A resolution expressing appreciatio~ to the citizens of Milledgeville and Baldwin County for the entertainment and courtesies shown to the members of the General Assembly while on tours of inspection; and for other purposes. By Mr. Roberts of Walton- House Resolution No. 146-A. A resolution to resolve that the General Assembly of Ga., recommend that the Free- Book of Commission give careful consideration to the advisability of placing a copy of Miss Moina Michael's book in each public school library of the State; and for other purposes. The following resolution of the House was read: By Messrs. Elliott of Muscogee and Dorsey of Cobb- House Resolution No. 169- A RESOLUTION WHEREAS, this House of Representatives has heretofore defeated a bill commonly known as the "Pipe-line Bill" which is officially designated as House Bill No. 41;and WHEREAS, at the time of the defeat of this bill this House was n~t fully aware of the expressed wishes and desires of the President of the United States concerning the question of pipe-lines in Georgia; and WHEREAS, this House sincerely and honestly desires to cooperate with the President of the United States, who is the Commander-in-Chief of our Army and our Navy, on all matters which are essential to our national defense in this time of crisis; and WHEREAS, since the defeat of said House Bill No. 41, the President of the WEDNESDAY, MARCH 19, 1941 United States has sent a telegram to His Excellency, Honorable Eugene Talmadge, Governor of Georgia, in which he sets forth in clear and unmistakable terms that in his opinion the southeastern pipe-line is essential to national defense and that it is his wish that this pipe-line be built with private capital rather than at the expense of the taxpayers of this country; and WHEREAS, the principal spokesman for the opposition to House Bill No. 41, in opposing the passage of said House Bill No. 41, stated on the floor of this House that if the President of the United States of America should say over his own signature that the construction of the southeastern pipeline was essential to national defense that all opposition to granting of eminent domain to pipe lines transporting petroleum products would be withdrawn and the bill would be passed by unanimous consent; and WHEREAS, the Governor of this State has transmitted the telegram of the President of the United States to this House; and WHEREAS, this House desires the privilege of permitting each member of this House to show by his vote where he stands with the President of the United States on matters essential to our national defense; and WHEREAS, there is now in the Rules Committee a certain bill known as House Bill No. 42, which is a companion bill to said House Bill No. 41, and which gives to pipe-line companies transporting petroleum products the right to cross under public highways of this State; and WHEREAS, if said House Bill No. 42 is placed on the calendar for passage, this House could substitute therefor a bill which would give to projects essential to national defense the right of eminent domain where the President of the United States certifies such projects to be essential to national defense; and WHEREAS, it is the desire of this House to give to the President of the United States the right to make such certification and to make possible the construction of projects essential to national defense withinthe State of Georgia. BE IT THEREFORE RESOLVED by the House of Representatives of the General Assembly of Georgia, and it is hereby resolved by same, that the Rules Committee of the House be, and it is hereby urged and requested to place House Bill No. 42 upon the calendar for passage immediately, in order that a bill such as described above can be substituted therefor, and that the members of this House have an opportunity of demonstrating by their vote their loyalty to the President of the United States of America. On the adoption of the resolution, Mr. Elliott of Muscogee moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Mesl!rs.: Adams Aiken Allison Anderson Ansley Arnall 1262 JOURNAL OF THE HOUSE, Barber Barlow Bentley Blease Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Chastain Curry Dalton Davis Dorsey Drake Drinkard Dunn Dupree Dyal Easler Elliott Etheridge Ford Foster of Towns Fowler Gavin Gillis Goddard Graham Griffin Hand Harrison Hicks Hooks Inglis Ingram Joiner Kea of Laurens Kelley Kennedy Key of Jasper Lovett Mankin Mason Mavity McCracken McEntire Mims Mixon Moate Moore of Taliaferro Pettit Phillips Pickett Pilcher Pittman Price Rich Roberts of Gwinnett Rowland Russell Sheppard Smiley Smith of Barrow Smith of Schley Tappan Turner Wells of Clayton Williams of Jackson Yawn Those voting in the negative were Messrs.: Anglin Atkinson Aultman Bates Bennett Blackshear Bloodworth Bowen Brinson Campbell Candler Connell Cowart Culpepper Dallis Dunaway Ennis, Marion Ferguson of Camden Ferguson of Sumter Foster of Paulding Fuller Gaston Maund Gill McClure Gowen Pannell Grayson Parker Grice Pinkston Guerry Rees Harden Richardson Harris Roberts of Walton Heard Roughton Herrin Shannon Hogg SUls Holtzendorf Simmons Hunnicutt Smith of Hall Johnson of Chattahoochee Smitha Jones of Brantley Southwell Jones of Dodge Suggs Jones of Richmond Swint Jones of Worth Thigpen Lester Vickers Lewis Walker Maddox Warnock WEDNESDAY, MARCH 19, 1941 1263 Weaver Wells of Burke Wells of Telfair Welsch Wetherbee Williams of Bacon Williams of Harris Williams of Ware Witherington Those not voting were Messrs.: Boone Clements Daves Deal Dean Edwards Ennis, J. H. Forrester Goolsby Gray Greene Gross Hagan Hardman Hardy Hart Hartness Hatchett Home Howard Jackson Johnson of Pike Kaigler Kendrick Livingston Looper Mann Martin Maxwell Mcintosh McNall Miller Mills Moore of Lumpkin Moss Musgrove Reiser Rogers Rossee Sabados Smith of Carroll Smith of Washington Strickland Taft Thompson Whipple Wilbanks Willoughby Wohlwender Woods Wren Wright By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were So, the nays 72. The resolution was adopted. The following Resolution of the House was read and adopted: By Messrs. Barlow of Colquitt and Sabados of Dougherty- House Resolution No. 170. A RESOLUTION Be it resolved by the House of Representatives, that Hon. Tom Linder, Commissioner of Agriculture be and he is hereby sincerely, thanked by the House for the trip to the Farmers' Market and the "swell" fish dinner provided by him at the recess hour today. We all enjoyed it. Under the order of business established by the Committee on Rules, the following bills and resolutions were taken into consideration and read the third time: By Messrs. Ferguson and Suggs of Sumter- House Resolution No. 128-727B. A RESOLUTION Proposing to the qualified voters of Georgia an amendment to Article 11, Section JOURNAL OF THE HOUSE, 3, Paragraph I of the Constitution of Georgia authorizing the General Assembly to provide for the compensation of all county officers either upon a fee basis or upon a salary basis, irrespective of uniformity; to provide for the submission of this amendment to the people; and for other purposes. BE IT AND IT IS HEREBY RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA. SECTION I. That Article II, Section 3, Paragraph I of the Constitution of Georgia, as heretofore amended, be and the same is hereby further amended by adding at the end of said Section the following: "Provided, however, that the General Assembly shall have the authority to enact statutes, either general, local or special, providing for the compensation of the county officers of this State either on a fee basis or on a salary basis, irrespective of uniformity." SECTION 2. When this amendment shall have been agreed to by a two-thirds vote of the members of each House; and the "ayes" and "nays" thereon entered upon their respective journals, it shall be published and submitted to the people, and the returns and declaration of the result shall be made in the manner provided by the Act approved March 24th, 1939 (Ga. Laws 1939, pp. 305, 307). Mr. Key of Jasper moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll call was ordered, and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Aultman Barber Barlow Bates Bentle:v Blackshear Bloodworth Bowen Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Connell Cowart Curry Dalton Davis Deal Dorsey Drake Drinkard Dunaway Dupree Dyal Easler Ennis, Marion Etheridge Ferguson of Camden Ford Foster of Paulding Foster of Towns Fowler Fuller Gaston Gill Gillis Goddard Gowen WEDNESDAY, MARCH 19, 1941 1265 Graham Kendrick Grayson Kennedy Greene Key of Jasper Grice Lester Griffin Lewis Guerry Maddox Hagan Mankin Hand Maund Harden McClure Harris McCracken Harrison Mcintosh Hartness McEntire Heard Mims Hicks Mixon Holtzendorf Pettit Hooks Pickett Hunnicutt Pilcher Inglis Pinkston Ingram Pittman Johnson of Chattahoochee Rees Jones of Brantley Rich Jones of Dodge Richardson Jones of Richmond Roberts of Gwinnett Kea of Laurens Rowland Kelley Russell Those voting in the negative were Messrs.: Anglin Arnall Price Roberts of Walton Those not voting were Messrs.: Ansley Atkinson Bennett Blease Boone Chastain Clements Culpepper Dallis Daves Dean Dunn Edwards Elliott Ennis, J. H. Ferguson of Sumter Forrester Gavin Goolsby Gray Gross Hardman Hardy Hart Hatchett Herrin Hogg Home Howard Jackson Johnson of Pike Joiner Jones of Worth Kaigler Shannon Sheppard Sills Smith of Barrow Smith of Schley Smitha Southwell Suggs Swint Tappan Thigpen Turner Vickers Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Witherington Yawn Simmons Smith of Hall Livingston Looper Lovett Mann Martin Mason Mavity Maxwell McNall Miller Mills Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell 1266 JOURNAL OF THE HOUSE, Parker Phillips Reiser Rogers Rossee Roughton Sabados Smiley Smith of Carroll Smith of Washington Strickland Taft Thompson Walker Warnock Whipple Wilbanks Willoughby Wohlwender Woods Wren Wright By unanimous consent, the verification of the roll call was dispensed with On the adoption of the resolution, the ayes were 125, the nays 6. The resolution having failed to receive the requisite twO-thirds constitnti,>nal majority was lost. Mr. Rees of Webster moved that the House do now adjourn. On the motion to adjourn, Mr. Lovett of Laurens moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Anglin Arnall Atkinson Bates Bennett Blackshear Bloodworth Campbell Candler Connell Cowart Culpepper Deal Dunaway Edwards Ennis, Marion Ferguson of Camden Foster of Paulding Gaston Gill Gowen Grayson Grice Guerry Harden Heard Herrin Hogg Holtzendorf Johnson of Chattahoochee Jones of Brantley Jones of Dodge Jones of Richmond Kendrick Lester Lewis Livingston Lovett Maddox Maund McClure Mcintosh Moss Pannell Parker Pinkston Rees Richardson Roberts of Walton Roughton Shannon Sills Simmons Smith of Schley Smitha Southwell Suggs Thigpen Vickers Walker Warnock Weaver Wells of Telfair Welsch Wetherbee Williams of Bacon Williams of Ware Wohlwender Those voting in the negative were Messrs.: Aiken Anderson Ansley Aultman Barber Barlow WEDNESDAY, MARCH 19, 1941 1267 Bentley Blease Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Callaway Chastain Curry Dalton Davis Dorsey Drake Drinkard Dunn Dupree Easler Elliott Etheridge Ferguson of Sumter Ford Forrester Foster of Towns Fowler Gavin Goddard Graham Greene Griffin Hagan Hand Harris Harrison Hartness Hicks Hooks Hunnicutt Inglis Ingram Joiner Kea of Laurens Kelley Kennedy Key of Jasper Mankin Mason Mavity McCracken McEntire Those not voting were Messrs.: Adams Allison Bowen Boone Brinson Caldwell Clements Dallis Daves Dean Dyal Ennis, J. H. Fuller Gillis Goolsby Gray Gross Hardman Hardy Hart Hatchett Horne Howard Jackson Johnson of Pike Jones of Worth Kaigler Looper Mann Martin Maxwell McNall Miller Mills Moore of Lumpkin Moore of Taliaferro The roll call was verified. Mims Mixon Moate Pettit Phillips Pickett Pilcher Pittman Price Rich Roberts of Gwinnett Rowland Russell Sabados Sheppard Smiley Smith of Barrow Swint Tappan Wells of Burke Wells of Clayton Williams of Harris Williams of Jackson Witherington Yawn Musgrove Reiser Rogers Rossee Smith of Carroll Smith of Hall Smith of Washington Strickland Taft Thompson Turner Whipple Wilbanks Willoughby Woods Wren Wright I268 JOURNAL OF THE HOUSE, On the motion to adjourn, the ayes were 68, nays 83, and the motion was lost. By unanimous consent, the House recessed for 15 minutes. The Speaker called the House to order. The following report of the Committee on Rules was submitted and read: Mr. Speaker: Your Committee on Rules having had under consideration the fixing of the calendar for Wednesday, March I9, 1941, submits the following report: Your Committee recommends that the following bills and resolutions be set as a special and continuing order of business for said session: 1. House Bill No. 750. Mixon Liquor Bill. 2. House Bill No. 147. Scrap Iron Bill. 3 House Resolution No. 58-326A. Constitutional Amendment Habersham County. 4 House Bill No. 404. Amend General Tax Act regarding Butcher Plants. 5 House Resolution No. 51-278A. Appropriation. 6. House Bill No. p8. Authorizing Quitman to issue Refunding Bonds. 7 House Bill No. 345 Georgia Railroad Bill. 8. House Bill No. 351. Georgia Railroad Bill. 9 House Bill No. 539 Local bill for DeKalb County. IO. House Resolution No. 103-593. Joe Wheeler Highway. I 1. House Bill No. 291. District Loss. 12. House Bill No. 492. Weights and Measures. 13. House Bill No. 527. Tax Collectors Bond. I4. House Bill No. 409. Fish and Shrimp Bill for Coastal Waters. I 5 House Bill No. 208. Sunday Movies. 16. House Bill No. 159. Regulating taking fish in Oconee River. 17. House Bill No. 586. Amend Land Registration Act. I8. House Bill No. 371. Providing Hospital Liens. 19. House Bill No. 684. Assignment of Accounts. 20. House Bill No. 699. Prohibiting drunkenness in manufacturing plants. 21. House Resolution No. 55-3o7B. Serum Vaccine for Live Stock. 22. House Bill No. 462. Development of Natural Resources (Oil Wells). 23. House Bill No. 56o. Prevent Leasing of Land for 2o years (oil well). 24. House Bill No. 321. Snake Bill. WEDNESDAY, MARCH I9, I94I 25. House Resolution No. 89-5I IA. Compensate Widows-Pensions. 26. House Bill No. 404. Taxes on Packing Houses. 27. House Bill No. 607. Providing that By-Laws shall not affect policies. 28. House Bill No. 444 Condemnation. 29. House Bill No. 52 Suing Insurance Companies with Policy Holders. 30. House Bill No. 56. Appointment of Jury Commissioners. 31. House Bill No. 757 Punishment of Convicts. 32. House Bill No. I93 School Attendance. 33 House Bill No. 205. Compulsory inspection of Motor Vehicles. 34 House Resolution No. 48-259C. Relief and Refund Taxes. 35 House Resolution No. I22-7I5B. Constitution Amendments. 35 House Bill No. 525. Advertising removal disabilities. 36. House Bill No. I46. Offices of Men inducted into service. 37 House Bill No. 541. Compensation School Bond Member. 38. House Bill No. 490. Burial of Patrolman Black. 39 House Bill No. 167. Special appropriation for Mrs. W. E. McDaniel $5ooo.oo. 40. House Bill No. 483. Taxes on Gypsies. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. Mr. Jones of Brantley moved that the House do now adjourn, and the motion was lost. Under the order of business established by the Committee on Rules, the following bills of the House were taken up for consideration and read the third time: By Mr. Mixon of Irwin- House Bill No. 750. A bill to be entitled an Act to provide for holding dry elections in counties having once voted and become wet; and for other purposes. Mr. Harris of Richmond moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I3, the nays I. The bill having received the requisite constitutional majority was passed. Mr. Sabados of Dougherty asked to be recorded in the Journal as voting for House Bill No. 750. By Mr. Williams of Harris- House Bill No. I47 A bill to be entitled an Act to define a scrap iron dealer, to provide license therefor; and for other purposes. The following committee substitute was read: JOURNAL OF THE HOUSE, A BILL To be entitled an Act to amend an Act approved March 24, I939 (Ga. Law 8 1939, pages 337-339) entitled, "An Act prohibiting any person, firm or corporation or officer thereof, engaged in the purchase of junk, and commonly known as a junk dealer, to enter upon the lands of another for the purpose of soliciting business of buying junk, without the written permission of the owner of the land or permission of the tenant thereof; to provide that all persons, firms or corporations engaged in the purchase of junk shall register with the Ordinary of each county in this State in which such business is conducted; to provide the method of registration and the fee therefor; to define the term "junk" and "junk Dealer"; to fix the punishment for a violation of this Act; and for other purposes," by striking the words "or tenants in possession" in line 7 of Section I of said Act; by striking all of Section 2 of said Act and inserting in lieu thereof a paragraph providing for the registration of said dealers with the State Department of Revenue, the payment and amount of a license fee, the issuance of license certificates by the State Department of Revenue, by striking all of Section 3 of said Act and inserting in lieu thereof a paragraph providing the hours that said business shall be conducted; by striking the words "or officer, agent and employee of any person, firm or corporation" in lines 3 and 4 of Section 5 of said Act; -and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 That the Act approved March 24, I939 (Ga. Laws I939, pages 337-339) entitled, "An Act prohibiting any person, firm or corporation, or officer thereof, engaged in the purchase of junk, and commonly known as a junk dealer, to enter upon the lands of another for the purpose of soliciting business of buying junk, without the written permission of the owner of the land or permission of the tenant thereof; to provide that all persons, firms or corporations engaged in the purchase of junk shall register with the Ordinary of each county in this State in which such business is conducted; to provide the method of registration and the fee therefor; to define the term "junk" and "junk dealer"; to fix the punishment for a violation of this Act; and for other purposes," be and the same is hereby amended by striking the words "or tenants in possession" in line 7 of Section I of said Act; by striking all of Section 2 of said Act and inserting in lieu thereof a paragraph providing for the registration of said dealers with the State Department of Revenue, the payment and amount of a license fee, the issuance of license certificates by the State Department of Revenue; by striking all of Section 3 of said Act and inserting in lieu thereof a paragraph providing the hours that said business shall be conducted; by striking the words "or officer, agent and employee of any person, firm or corporation" in lines 3 and 4 of Section 5 of said Act so that said Act when amended shall read as follows: "Section I. That from and after the passage of this Act it shall be unlawful for any person, firm or corporation, or officer thereof, or agent or employee of such person, firm or corporation engaged in the purchase of junk, and commonly known as a junk dealer, to enter upon the lands of another person, without the written consent of the owner of said land, for the purpose of buying junk, or soliciting for the purpose of buying junk, or after entering upon such land, to purchase or offer to purch,ase junk in any manner whatsoever. WEDNESDAY, MARCH 19, 1941 Section 2. No person, firm or corporation, shall engage in the business of purchasing junk in any county of this State without first registering with the State Department of Revenue and paying said Department of Revenue a license fee of $ro.oo, upon the payment of which said State Department of Revenue shall issue to said person, firm or corporation a license certificate, which said person, firm or corporation shall at all times keep in his possession for the purpose of showing the payment of said fee and his authority to conduct said business. Section 3 No person, firm or corporation engaged in such business as described by this Act shall conduct such business except between the hours of sun-up and sundown. Section 5 The term "junk dealer", as used in this Act, shall be held to mean any person, firm or corporation who engages in the purchase of used articles of commerce principally composed of iron, steel, brass, copper, zinc, or their alloys, or any other base metals, when the same is bought for the purpose of re-sale and re-fabrication, either one or both. SECTION 2 All laws and parts of laws in conflict herewith be, and the same are hereby repealed. Mr. Key of Jasper moved the previous question, the call was sustained and the main question ordered. An amendment to the substitute by Mr. Lewis of Burke was read and lost. The substitute was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to. On the passage of the bill, by substitute, the ayes were I 12, the nays 2. The bill having received the requisite constitutional majority was passed, by substitute. Under the order of business estahlished by the Committee on Rules, the following resolution of the House was again taken up for consideration. By Mr. Inglis of Habersham- House Resolution No. 58-326A. A RESOLUTION Proposing an amendment to Article VIII, Section IV, Paragraph I of the Constitution of Georgia, authorizing the County of Habersham to assume the school bonded indebtedness of the several school districts and municipalities and to authorize the County Board of Education to recommend the levy of a sufficient tax millage over a period of years to pay the principal and interest of school bonded indebtedness, to provide that Habersham County shall constitute one school district under the supervision and control of the County Board of Education to require tax levying authori- I'l7'l JOURNAL OF THE HOUSE, ties to levy tax recommended by County Board of Education; to provide county-wide elections for making this amendment mandatory; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That Article VIII, Section IV, Paragraph I of the Constitution of Georgia, as heretofore amended, be further amended by adding at the end thereof a new subparagraph as follows: "The tax-levying authorities of Habersham County, upon the recommendation of the Habersham County Board of Education, shall levy a sufficient rate of taxation on all property in Habersham County to pay the interest and provide sufficient amount of sinking fund to retire school bonds of the various local school districts and municipalities outstanding at the time this amendment is ratified or hereafter issued by the County in accordance with the law; the school bonded indebtedness of the various districts and municipalities shall remain a valid obligation against the several school districts and municipalities and be paid by the districts as they were constituted when bonds were voted, until the County of Habersham shall make necessary arrangements to assume the school bonded indebtedness of the various districts and municipalities. When these bonds shall have been assumed by Habersham County there shall be levied annually a tax sufficient in amount to pay principal and interest of said bonds so assumed and no more tax levied and collected for bond purposes in the various districts and municipalities other than the tax herein provided for; no rights of the holders of any bonds to be effected by the assumption of the County of the obligation to pay said bonds. "All territory within the county of Habersham shall constitute one school district, and shall be under the supervision and control of the County Board of Education. "The school district maintenance tax in effect at the passage of this act in the several school districts of the county shall be abolished and in lieu thereof the County Board of Education of Habersham is hereby authorized to recommend to the taxlevying authorities and said authorities authorized and directed upon such recommendation to levy a county-wide school district maintenance tax from one to five mills, in addition to the five mills county-wide maintenance tax now authorized by law, provided that this tax shall be used to pay the cost of lights, water, fuel, and other maintenance and operation costs for the operation of all schools of the county and provided that homestead exemption laws in effect shall apply to this maintenance tax." Section 2. Upon the ratification of this amendment, it shall be the duty of the Ordinary of Habersham County to call an election to determine whether or not the provisions of this constitutional amendment shall become operative in Habersham County and mandatory upon the officers herein named to exercise the powers herein granted; said election shall be held under the general laws governing special elections in this state, except as herein provided; but if a majority of the qualified voters of Habersham County participating in the general election should vote in favor of ratifying this constitutional amendment at the general election to be held on Tuesday after the first Monday on June, 1941, then it shall not be necessary for the Ordinary of Habersham County to call a special election; provided, however, that should a m~- WEDNESDAY, MARCH 19, 1941 1273 jority of the voters of Habersham County vote against this constitutional amendment in the election to be held on Tuesday after the first Monday in June, 1941, then if and when this amendment shall be ratified by the people of Georgia it shall be the duty of the Ordinary of Habersham County to call a special election within one year after the ratification and approval of this constitutional amendment by the people of Georgia, the county to pay the expenses of said election or elections to pass upon said amendment, which election shall be held in the same manner as other elections are held in said county except as herein provided. Section 3 Notice of said election shall be published by the Ordinary in the official county organ once a week for four consecutive weeks before said election is held. All persons voting at said election in favor of making the provisions of this amendment mandatory upon said officers shall have written or printed on their ballots the words: "For establishing in Habersham County a county-unit school sy~ tern" and all persons opposed thereto shall have written or printed on their ballots the words: "Against establishing in Habersham County a county unit school system." The returns of said election shall be made to said Ordinary, and the result declared by him. If a majority of the qualified voters of Habersham County voting in said election shall vote in favor of making this amendment operative in Habersham County and requiring the officers herein named to exercise the powers herein granted, the provisions of this amendment shall become operative in Habersham County when said result is declared by the Ordinary, and it shall become mandatory upon the officers herein named to exercise the powers granted in this amendment. If the first election held should be adverse to this amendment, it shall be the duty of the Ordinary of Habersham County to again submit to the voters of Habersham County the question of whether this amendment shall become operative in Habersham County, when said Ordinary is requested so to do by the County Board of Education of Habersham County; provided, elections shall not be held for this purpose within less than one year of each other. Section 4 Whenever this proposed amendment shall be agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, and the same shall have been entered on their journals, with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and directed to cause said amendment to be published in the manner prescribed by law. The ballots to be used in said election shall have written or printed thereon the words: "For amendment to Article 8, Section 4, Paragraph 1, of the Constitution creating in Habersham County a county-unit school system," and "against amendment to Article 8, Section 4, Paragraph I, of the Constitution, creating in Habersham County a county-unit school system." All persons voting in said election in favor of adopting said proposed amendment shall have written or printed on their ballots the words: "For establishing in Habersham County a county-unit school system." All persons opposed to the amendment shall have written or printed on their ballots the words: "Against establishing in Habersham County a county-unit school system." Should a majority of the electors qualified to vote for members of the General Assembly, voting thereon, vote "For establishing in Habersham County a county-unit school system," the returns of said election shall be consolidated as now required by law in elections for members of the General Assembly, and it shall be the duty of the Secretary of State 1274 JOURNAL OF THE HOUSE, to certify the results of the vote on this amendment to the Governor, and when such vote is so certified, and it shall appear that a majority of the qualified voters voting in said election voted in favor of said amendment, then the Governor shall issue his proclamation declaring that said amendment was ratified, and the same shall become a part of Article 8, Section 4, Paragraph I, of the Constitution. Section 5 All laws or provisions of the Constitution in conflict with this amend- ment are hereby repealed. The previous question was ,ordered. The main question was ordered. An amendment to the resolution was ruled out of order by the Speaker because of its being unsigned. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Brinson Brooks of Mitchell Brooks of Oglethorpe Caldwell Callaway Campbell Candler Chastain Connell Cowart Dalton Deal Dorsey Drake Dunaway Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Fowler Fuller Gaston Gill Goddard Gowen Graham Grayson Griffin Hagan Hand Harden Harris Harrison Heard Herrin Hicks Hogg Holtzendorf Hooks Hunnicutt Inglis Ingram Johnson of Chattahoochee Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kea of Laurens Kendrick Key of Jasper Lester Lewis Livingston Looper Lovett WEDNESDAY, MARCH 19, 1941 1275 Maddox Mankin Mason Maund Mavity McClure Mcintosh McEntire Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Rich Richardson Roberts of Gwinnett Roberts of Walton Roughton Rowland Sabados Sheppard Sills Smiley Smith of Barrow Smith of Hall Smitha Suggs Swint Those voting in the negative were Messrs.: Bynum Those not voting were Messrs.: I Adams Guerry Barlow Hardman Boone Hardy Bridges Hart Bruce Hartness Clements Hatchett Culpepper Horne Curry Howard Dallis Jackson Daves Johnson of Pike Davis Joiner Dean Kaigler Drinkard Kelley Dunn Kennedy Ennis, J. H. Mann Foster of Towns Martin Gavin Maxwell Gillis McCracken Goolsby McNall Gray Miller Greene Mills Grice Moss Gross Taft Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Witherington Wohlwender Wren Yawn Mr. Speaker Musgrove Reiser Rogers Rossee Russell Shannon Simmons Smith of Carroll Smith of Schley Smith of Washington Southwell Strickland Tappan Thigpen Thompson Turner Whipple Williams of Jackson Williams of Ware Willoughby Woods Wright JOURNAL OF THE HOUSE, By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were I37, the nays 1. The resolution having received the requisite two-thirds constitutional majority was adopted. Under the order of business established by the Committee on Rules, the following bills and resolutions of the House were taken up for consideration and read the third time. By Messrs. Williams and Bates of Ware and Kea, and Lovett of Laurens- House Bill No. 404. A bill to be entitled an Act to amend the General Tax Act by revising that part levied against packing houses, butcher plants; and for other purposes. Mr. Pittman of Berrien moved the previous question, the call was sustained and the main question ordered. An amendment by Mr. Mims of Miller was ruled out of order by the Chair, the Speaker Pro tern presiding. Mr.. Mims of Miller appealed froin the ruling of the Chair. On the appeal from the ruling of the Chair, the ayes were I2, the nays 93 The ruling of the Chair was sustained. The following amendment was read and adopted: Mr. Bates of Ware moves to amend House Bill No. 404 by renumbering Section II to be known as Section III, and by aqding a new paragraph to be known as Section II, which shall read as follows: "The license to be paid for each such place of business shall be determined upon the basis of the volume of business in and from such place of business, as to which such tax is being calculated." 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 I I 5, the nays o. The bill having received requisite constitutional majority was passed, as amended. By Mr. Hagan of ScrevenHouse Resolution No. 5I-278A. A resolution to appropriate $459.83 to reim-, burse Barrett Overstreet; and for other purposes. The House was resolved into the Committee of the Whole House to consider House Resolution No. 51-278A with Mr. Sabados of Dougherty 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. WEDNESDAY, MARCH 19, 1941 Mr. Etheridge of Fulton moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Allison Anderson Anglin Ansley Arnall Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Bradbury Branch Brinson Brooks of Mitchell Brooks of Oglethorp Brnum Caldwell Callaway Campbell Candler Cowart Dallis Deal Dorsey Drake Drinkard Dunaway Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Mankin Forrester Mason Foster of Paulding Mavity Fowler McClure Fuller Mcintosh Gaston McEntire Gill Mims Goddard Mixon Gowen Moore of Lumpkin Graham Moore of Taliaferro Griffin Pannell Guerry Pickett Hagan Pinkston Harden Price Harris Rees Harrison Rich H~rtness Richardson Hatchett Roberts of GWillilett Herrin Roughton Hicks Rowland Hogg Sabados Holtzendorf Sills Hooks SJileY Hunnicutt Smith of Barrow Inglis Smith of Carroll Johnson of Chattahoochee Smith of Hall Jones of Brantley Smitha Jones of Richmond Southwell Jones of Worth Suggs Kea of Laurens Swint Kendrick Taft. Kennedy Thompson Key of Jasper Turner Lester Vickers Lewis Walker Livingston Weaver Looper Wells of Burke Lovett Wells of Clayton Maddox Wells of Telfair JOURNAL OF THE HOUSE, Welsch Wetherbee Williams of Bacon Williams of Harris Williams of Jackson Witherington Wren Yawn Those not voting were Messrs.: Adams Aiken Atkinson Boone Bridges Bruce Chastain Clements Connell Culpepper Curry Dalton Daves Davis Dean Dunn Dupree Dyal Ennis, J. H. Foster of Towns Gavin Gillis Goolsby Gray Grayson Greene Grice Gross Hand Hardman Hardy Hart Heard Home Howard Ingram Jackson Johnson of Pike Joiner Jones of Dodge Kaigler Kelley Mann Martin Maund Maxwell McCracken McNall Miller Mills Moate Moss Musgrove Parker Pettit Phillips Pilcher Pittman Reiser Roberts of Walton Rogers Rossee Russell Shannon Sheppard Simmons Smith of Schley Smith of Washington Strickland Tappan Thigpen Warnock Whipple. Wilbanks Williams of Ware WilloughbY Wohlwender Woods Wright By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 125, the nays o. The resolution having received the requisite constitutional majority was adopted. By Messrs. Mason of Morgan, Moate of Hancock, Whipple of Bleckley, Brinson of Chattooga, and Mrs. Mankin of Fulton- House Bill No. 345 A bill to be entitled an Act to amend the Charter of the Georgia Railroad and Banking Company so as to remove tax exemptions; and for other purposes. By unanimous consent, further consideration of House Bill No. 345 was indefinitely postponed. WEDNESDAY, MARCH 1g, 1941 1279 By Messrs. Mason of Morgan, Moate of Hancock, Whipple of Bleckley, Brinson of Chattooga, and Mrs. Mankin of Fulton- House Bill No. 351. A resolution to amend the Constitution of Georgia so as to to revoke tax exemptions from the Charter of the Georgia Railroad and Banking Company; and for other purposes. By unanimous consent, further consideration of House Bill No. 351 was indefinitely postponed. By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees: By Senators Odum of the 9th District, Campbell of the 34th District and Couch of the pnd District- Senate Bill No. 75 A bill to be entitled an Act to permit the operation of motion picture theatres on Sundays; and for other purposes. Referred to the Committee on General Judiciary No. 1. By Senator Wall of the 28th District- Senate Bill No. 183. A bill to be entitled an Act to provide for a course of instructions in veterinary medicine and surgery at the College of Agriculture, Athens, Ga.; and for other purposes. Referred to the Committeee on University System of Georgia. By Senator Gross .of the 'loth District- Senate Bill No. 185. A bill to be entitled an Act to. provide for the care, main. tenance and support of the spouse and children, or either, of incompetent persons from the property or estate of such incompetent; and for other purposes. Referred to the Committee on General Judiciary No. 2. By Senator Cannon of the 40th District- Senate Bill No. 188. A bill to be entitled an Act to amend an Act to provide for the payment of a license by certain persons fishing within the State of Georgia; and for other purposes. Referred to the Committee on Game and Fish. By Senator Pilcher of the 7th District and Houston of the 51st Distr~ct- Senate Bill No. 198. A bill to be entitled an Act to define as legal investments for certain fiduciaries, money not exceeding 1>5,ooo.oo deposited in an interest bearing account in any bank; and for other purposes. Referred to the Committee on Banks and Banking. By Senators Coker of the 39th District and Cannon of the 4oth District- Senate Bill No. 199 A bill to be entitled an Act to regulate the sale of group 1280 JOURNAL OF THE HOUSE, hospitalization insurance contracts; and for other purposes. Referred to the Committee on Insurance. By Senator Redwine of the 26th District- Senate Bill No. 208. A bill to be entitled an Act relating to the compensation of county superintendents of schools, by providing that the county board of education may authorize the county superintendent of schools to employ clerical and office help and allow him compensation for the expenses so incurred; and for other purposes. Referred to the Committee ~n Education No. 1. By Senators Redwine of the 26th District and Houston of the 51st District- Senate Bill No. 210. A bill to be entitled an Act to amend an Act by amending Section 92-3303 of the Code of Georgia, so as to provide for prompt determination of taxes due on income of decede"nt, or decedent's estate, and to limit the time, etc., and for other purposes. Referred to the Committee on Ways and Means. By Senator Camp of the 34th District- Senate Bill No. 2u. A bill to be entitled an Act to provide that no appropria- tion shall become available to any spending agency of the State so long as there remains an amount due and unpaid to any local school unit; and for other purposes. Referred to the Committee on State of Republic. By Senator Smith of the 24th DistrictSenate Bill No. 214. A bill to be entitled an Act to amend an Act providing for the acquisition, construction, operation and regulation of airports and other navigation facilities; and for other purposes. Referred to the Committee on Aviation. By Senator Redwine of the 26th District- Senate Bill No. 226. A bill to be entitled an Act to amend an Act which provides for the method of incorporating banks, the amount of capital thereof; and for other purposes. Referred to the Committee on Banks and Banking. By Senator Dorsey of the 32nd DistrictSenate Resolution No. 62-223A. A resolution authorizing the State Librarian to furnish certain Supreme Court Reports; and for other purposes. Referred to the Committee on Public Library. By Senator Striplin of the 37th DistrictSenate Bill No. 227. A bill to be entitled an Act to create a Board of Commis- sioners of Roads and Revenues for the County ofHeard; and for other purposes. WEDNESDAY, MARCH 19, 1941 Referred to the Committee on Counties and County Matters. 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. Candler, Dunaway and Turner of DeKalb- Hoi.Ise Bill No. 539 A bill to be entitled an Act to amend an Act providing for the adoption of building codes by the Commissioners of Roads and Revenues; and for other purposes. Mr. Kendrick of Fulton moved that the bill be tabled, and the motion was lost. Mr. Candler of DeKalb moved that speeches on the bill be limited to one minute. Mr. Jones of Brantley moved that the House do now adjourn, and the motion was lost. The motion to limit debate to one minute was lost. Mr. Lovett of Laurens moved to limit debate on the bill to five minutes to each member speaking, and the motion prevailed. The previous question was ordered. 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. Turner of DeKalb moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Allison Anglin Atkinson Barber Barlow Bennett Bentley Branch Brooks of Oglethorpe Bynum Caldwell Callaway Candler Cowart Dallis Dorsey Drinkard Dunaway Dupree Easler Edwards Ford Gaston Goddard Graham Grayson Griffin Hand Harden Hartness Hatchett Herrin Hogg Holtzendorf Hooks .rohnson of Chattahoochee .rones of Richmond .Jones of Worth Kea of Laurens Lewis Livingston Lovett Maddox Mason Maund Mcintosh McEntire Mixon. Moore of Lumpkin Pinkston Price 12.82. JOURNAL OF THE HOUSE, Rich Roberts of Walton Rowland Sheppard Sills Smiley Smith of Barrow Smitha Southwell Suggs Taft Turner Vickers Walker Wells of Burke Wells of Clayton Those voting in the negative were Messrs.: Bates Bowen Bradbury Brooks of Mitchell Deal Etheridge Ferguson of Camden Forrester Fuller Gill Gowen Guerry Harris Harrison Hicks Hunnicutt Jones of Brantley Kendrick Kennedy Key of Jasper Those not voting were Messrs.: Adams Aiken Anderson Ansley Arnall Aultman Blackshear Blease Bloodworth Boone Bridges Brinson Bruce Campbell Chastain Clements Connell Culpepper Cum' Dalton Daves Davis Dean Drake Dunn Dyal Elliott Ennis, J. H. Ennis, Marion Ferguson of Sumter Foster of Paulding Foster of Towns Fowler Gavin Gillis Goolsby Gray Greene Grice Gross Hagan Hardman Hardy Hart Heard Home Howard Inglis Ingram Jackson Wells of Telfair Welsch Wetherbee Williams of Jackson Witherington Wren Yawn Lester Looper Mankin Mavity McClure Pittman Swint Weaver Williams of Bacon Williams of Harris Johnson of Pike Joiner Jones of Dodge Kaigler Kelley Mann Martin Maxwell McCracken McNall Miller Mills Mims Moate Moore of Taliaferro Moss MusgrovePannell Parker Pettit Phillips Pickett Pilcher Rees Reiser WEDNESDAY, MARCH 19, 1941 I28J Richardson Roberts of Gwinnett Rogers Rossee Roughton Russell Sabados Shannon Simmons Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Strickland Tappan Thigpen Thompson Warnock Whipple Wilbanks Williams of Ware Willoughby Wohlwender Woods Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 74, the nays JO. . The bill having failed to receive the requisite constitutional majority was lost, By Messrs. Harris, Jones and Lester of Richmond- House Resolution No. IOJ-59JA. A resolution naming and designating the Joe Wheeler Highway. The following Committee substitute was read: By Messrs. Lester, Harris and Jones of Richmond- A RESOLUTION WHEREAS, General Joe Wheeler, a native of Georgia, did by his military attainments in fighting with distinction and honor in the Confederate Army in the War Between the States, and in the United States Army in the Spanish-American War contribute to the glory of the military history of the State of Georgia and by reason of the heroism, loyalty and patriotism with which he thus fought under two flags, his fame and achievements have ever been the objects of such rcwerence and respect of a grateful State as entitle his name to be commemorated in a suitable and enduring fashion: BE IT RESOLVED by the General Assembly of Georgia, that the route along which the said General Joe Wheeler traveled from his home in Augusta, Georgia, near State Route Number 104 from Augusta, to Phinizy, Georgia, thence Route Number 47 to Washington, Georgia, thence Route Number 10 to Athens, Georgia, thence Route Number 8 to Atlanta, Georgia, thence Route Number 6 to Rockmart, Georgia, thence Route Number 101 to Rome, Georgia, thence Route Number 1 to Chattanooga, Tennessee, is hereby designated and named "The Joe Wheeler Highway," and the State Highway Officials and other State agencies are directed that all maps and publications hereafter issued shall refer to said highway as "The Joe Wheeler Highway." Mr. Sabados of Dougherty moved the previous question, the call was sustained and the main question ordered. The Committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to. JOURNAL OF THE HOUSE, On the adoption of the resolution, by substitute, the ayes were 106, the nays o. The resolution having received the requisite constitutional majority was adopted, by substitute. By Mr. Kennedy ofTattnall- House Bill No. 492. A bill to be entitled an Act to establish standards of weights and measures; and for other purposes. Mr. Jones of Richmond moved the previous question, the call was sustained and the main question ordered. The following amendments were read and adopted: Mr. Brooks of Oglethorpe, moves to amend House Bill No. 492 by adding at the end of Section 2 the following: "There shall be no prosecution under this Act for any discrepancy between actual weight or volume at the time of sale and the weight marked on the container, if such discrepancy is due to unavoidable leakage, shrinkage, evaporation or waste, or to causes beyond the control of the seller acting in good faith." Also, by adding at the end of Section 4 the following: "Providing that a box or carton used for shipping purposes containing a number of packages which are individually marked as hereinbefore provided shall not be required to bear the weight of their contents." Mr. Kennedy of Tattnall moves to amend House Bill No. 492 as follows: By adding at the end of Section 4 the words "and provided further that the provisions of this Act shall not apply to public utility corporations under the jurisdiction of the Georgia Public Service Commission." 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 o. The bill having received the requisite constitutional majority was passed, as amended. By unanimous consent, the following bill of the House was taken up for consideration and read the third time: By Mr. Pittman of Berren- House Bill No. 321. A bill to be entitled an Act to prohibit the handling of poisonous snakes and reptiles; and for other purposes. Mr. Barber of Colquitt moved the previous question, the call was sustained and the main question ordered. WEDNESDAY, MARCH 19, 1941 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were IOJ, the nays o. The bill having received the requisite constitutional majority was passed. Under the order of business established by the Committee on Rules, the following bill of the House was taken up for consideration and read the third time: By Messrs. Atkinson, Grayson and MeNall of Chatham, Gill of Bryan, and Mcintosh of Mcintosh- House Bill No. 409 A bill to be entitled an Act to amend an Act relating to the catching of shrimp and shad fish from the waters of the state; and for other purposes. Mr. Bloodworth of Bibb moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill was agreed to. On the passage of the bill, no quorum voted. Mr. Grayson of Chatham moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed. The Speaker announced the House adjourned untif tomorrow morning at 10:00 o'clock, and House Bill No. 409 went over as unfinished business. 1286 JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, Thursday, March 20, 1941. 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 of the Journal was dispensed with. The Journal was confirmed. By unanimous consent, the following was established as the order of business during the period of unanimous consents: 1. Reports of Standing Committees. 2. Second reading of bills and resolutions favorably reported. 3 Third reading and passage of local uncontested Senate Bills. 4 First reading and reference of Senate Bills and Resolutions. Mr. Moate of Hancock County, Chairman of the Committee on Motor Vehicles mbmitted the following report: Mr. Speaker: Your Committee on Motor Vehicles have had under consideration the following bill and resolution of the House and Senate and have instructed me, as Chairman ro report the same back to the House with the following recommendations: House Resolution No. 162. Do pass. Senate Bill"No. 176. Do pass. Respectfully submitted, Moate of Hancock, Chairman. By unanimous consent, the following bill of the Senate, favorably reported, was read the second time: By Senators Drake of the 8th, and Coker of the 39th DistrictSenate Bill No. 176. A bill to be entitled an Act to amend an Act defining cer- tain terms used in Chapter 68-5 of the Code and providing certain exemptions not to be included under the term "motor carrier"; and for other purposes. By unanimous consent, the following bills of the Senate were read the third time and placed upon their passage: THURSDAY, MARCH 2o, 1941 By Senator Campbell of the 34th District- Senate Bill No. 206. A bill to be entitled an Act to amend the Charter of the City of Covington; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I03, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Campbell of the 34th District- Senate Bill No. 207. A bill to be entitled an Act to amend the Charter of the City of Covington by changing the time of the city election; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I04, the nays o. The bill having received the requisite constitutional majority was passed. The following resolution of the House was read the second time and adopted: By Mr. Lovett of Laurens- House Resolution No. 162. A resolution providing that draftees of the Army with foreign tags shall not be required to purchase a Georgia license plate until the date of expiration of their license plates from their home states; and for other purposes. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto. By Messrs. Bloodworth, Grice and Weaver of Bibb, Turner, Candler, and Dunaway of DeKalb, and Williams of Jackson- House Bill No. 165. A bill to be entitled an Act to appropriate to the State Department of Public Welfare a certain sum for the support, maintenance and equipment of the Negro Division of the Georgia Training School for girls; and for other purposes. The following amendments to House Bill No. I65 were read: The Senate amends House Bill No. I65 by striking the figures $I5,ooo.oo where they appear in Section I and inserting in lieu thereof the figures $IO,ooo.oo; and by striking the figures $2o,ooo.oo where they appear in said section and writing in lieu thereof the figures $I 5,ooo.oo. So that when so amended said section shall read as follows: SECTION 1. That there is hereby appropriated to the State Department of Public Welfare out of the general funds of the State Treasury, to be used by said Department for the sole purpose of equipping, maintaining and operating the colored 1288 JOURNAL OF THE HOUSE, division of the Georgia Training School for girls, created and established by the Act approved March JI, I9J7, and located in Bibb County, Georgia, the following sums, te-wit: For the fiscal year ending June 30, 194I f,Io,ooo.oo (which sum includes expenses for necessary equipment). For the fiscal year ending June 30, I942 $15,000.00. Said appropriations shall be in addition to any other appropriation made or to be made to the State Department of Public Welfare or to the Colored Division of the Georgia Training School for Girls. The Senate amends Section I of House Bill No. I65, by inserting immediately after the words "June 30, I942" and before the words "f,2o,ooo.oo", the following words "and annually thereafter until otherwise provided by law the sum of." Mr. Bloodworth of Bibb moved that the House disagree to the Senate amendment, and the motion prevailed. Mr. Bloodworth of Bibb moved that a Committee of Conference be appointed on the part of the House to confer with a like Committee on the part of the Senate on House Bill No. I65, and the motion prevailed. The Speaker appointed as a Committee of Conference on the part of the House on the House Bill No. I65, the following members te-wit: Mrs. Guerry of Macon, Messrs. Weaver of Bibb and Dunaway of DeKalb. The following report of the Committee on Rules was submitted and read: REPORT OF COMMITTEE ON RULES Mr. Speaker: Your Committee on Rules having had under consideration the matter of fixing a calendar for Thursday, March 20, I94I, submits the following report: Your Committee recommends that the following bills and resolutions be set as a special and continuing order of business on said date: I. Senate Bill No. 168. Welfare Department. 2. Senate Bill No. 97 Recount Bill. 3 Senate Bill No. 66. Reciprocity for trucks. 4 Senate Bill No. 67. Reciprocity for trucks. S Senate Bill No. 87. Federal Government grants to Schools. 6. Senate Bill No. So. Voluntary Deposits by insurance companies. THURSDAY, MARCH 2o, 1941 7 Senate Resolution No. 42-140C. Constitutional Amendment. 8. Senate Bill No. 172. Motion Pictures. 9 Senate Bill No. 173. Identification of Voters. 10. Senate Resolution No. p-I92A. Election of Solicitors-General. I 1. Senate Resolution No. 53-I92B. Election of Judges of Superior Courts. I2. Senate Bill No. IOI. Agricultural Teachers. IJ. Senate Bill No. I02. Levy Tax for Extension Service, Agricultural. I4. Senate Bill No. 72. Rolling Store Tax. IS. Senate Bill No. III. Ellis Health Law. I6. Senate Bill No. I07. Amendment to Year's Support law. I7. Senate Bill No. I04. Real Estate Commission. I8. Senate Bill No. 68. Quail Law. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. The following resolution of the House was read the second time and adopted: By Mr. Harrison of JenkinsHouse Resolution No. i65. A RESOLUTION WHEREAS the members of the General Assembly have been very graciously entertained by the Department of Agriculture at the New Farmers' Market being constructed in West Endin the City of Atlanta, and, WHEREAS project seems to be quite a sizeable one. THEREOF, Be it resolved by the House that "the Commissioner of Agriculture be, and he is hereby required and directed, not later than Friday of this week, to give the House of Representatives the following information, te-wit: (1) The authority for the building of the Farmers' Market. (2) The method of financing the construction of the New Farmers' Market. (3) The name of the contractor and the contract price for the construction of said Market. (4) The date the contract for the construction of said Market was let, by whom the same was let, and whether or not the letting of the contract was by competitive bid. JOURNAL OF THE HOUSE, The following bills of the House were taken up for the purpose of considering the Senate amendments thereto: By Messrs. Kel!ey and Mavity of Walker- House Bill No. 373 A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Walker County to incur additional bonded indebtedness; and for other purposes. The following Senate amendment to House Bill No. 373 was read: The Senate amends House Bill No. 373 as follows: By striking from the caption of said Bill the words, "And to provide for the validation of said funding bonds in the manner as provided by law for the. validation of original obligation bonds, and for the holding of a special election as in cases of original obligation bonds, and for other purposes." and inserting in lieu thereof the following words, "And to provide how said bonds shall be authorized, validated and issued, and for the holding of a special election, and for other purposes." And said Bill is further amended by striking the last two sentences of Section 1 of said Bill and inserting in lieu thereof the following words: "Said funding bonds shall not be issued without the consent of a majority of the qualified voters of Walker County, voting at said special election for that purpose, to be held as prescribed by law. Said special election to be held within thirty days after the proclamation of the Governor declaring this amendment ratified. If the majority of the qualified voters of Walker County w voting at said special election vote for said funding bonds, then the governing authority of Walker County shall have the authority to issue said funding bonds, and said funding bonds shall be general obligations of said county and shall then be validated in the manner and under the procedure as is provided by law for the validation of original obligations bonds." Mr. Mavity of Walker moved that the House agree to the Senate amendment. On the motion to agree, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Aiken Anglin Arnall Atkinson Aultman Barber Barlow Blackshear Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Campbell Curry Dallis Dalton Davis Deal Dean Dorsey THURSDAY, MARCH 20, 1941 1291 Drake .Johnson of Pike Drinkard .Joiner Dunaway .Jones of Dodge Dupree .Jones of Richmond Dyal .Jones of Worth Easler Kea of Laurens Edwards Kelley Ennis, Marion Kennedy Ferguson of Sumter Lester Ford Livingston Forrester Lovett Foster of Paulding Maddox Fowler Mann Gavin Martin Goddard Mason Goolsby Maund Graham Mavity Grayson McClure Greene McCracken Grice Mcintosh Griffin McEntire Gross Mills GuerrY Mims Harden Mixon Harris Moate Harrison Moore of Taliaferro Heard Musgrove Herrin Pannell Hicks Parker Hogg Phillips Holtzendorf Pilcher Home Pittman Hunnicutt Price Inglis Rees Ingram Reiser .Jackson Richardson .Johnson of Chattahoochee Roberts of Gwinnett Those not voting were Messrs.: Adams Allison Anderson Ansley Bates Bennett Bentley Blease Caldwell Callaway Candler Chastain Clements Connell Cowart Culpepper Daves Dunn Roberts of Walton Roughton Russell Shannon Sills Simmons Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Thigpen Thompson Vickers Walker Warnock Weaver Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of .Jackson Williams of Ware Willoughby Witherington Wohlwender Wren ,Yawn Elliott Ennis, .J. H. Etheridge Ferguson of Camden Foster of Towns Fuller Gaston Gill Gillis 1292 JOURNAL OF THE HOUSE, Gowen Gray Hagan Hand Hardman Hardy Hart Hartness Hatchett Hooks Howard .rones of Brantley Kaigler Kendrick Key of .rasper Lewis Looper Mankin Maxwell McNall Miller Moore of Lumpkin Moss Pettit Pickett Pinkston Rich Rogers Rossee Rowland Sabados Sheppard Smiley Taft Tappan Turner Wells of Burke Woods Wright By unanimous consent, the verific:1;tion of the roll call was dispensed with. On the mo,tion to agree, the ayes were IJ8, the nays o. The amendment having received the requisite two-thirds constitutional majority was agreed to. By Messrs. Lovett and Kea of Laurens- House Bill No. 716. A bill to be entitled an Act to amend the Charter of the City of Dublin; and for other purposes. The following Senate amendment to House Bill No. 716 was read: The Senate amends House Bill No. 716 as follows: By adding a new Section to said Bill to be appropriately numbered and to read as follows: "This Bill shall become effective on December Jist, 1941, but only upon first being approved by a majority of those voting in a referendum to be held on same, said referendum to be held on the fourth (4th) Wednesday in August, 1941, at the City Hall in Dublin, Laurens County, Georgia, under the direction and supervision of the Mayor and Board of Aldermen of said City of Dublin, and it shall be the duty of said Mayor and Board of Aldermen to see that said referendum is held on the said 4th Wednesday in August, 1941, and to provide and furnish proper ballots for those voting in said referendum, and to see that said referendum is held according to the existing general laws of this State governing such referendums and/or referendum elections. PROVIDED: That those allowed to vote in said referendum shall be as follows: All of those residents and/or citizens of the City of Dublin, Georgia, who were qualified to vote in the general election or primary election for candidates for Mayor or Aldermen of said City last held prior to the date of said referendum, and those residents or citizens of the area proposed to be incorporated into the City of Dublin by this Bill who were qualified to vote for members of the General Assembly in the general election and/or primary election for members of the General Assembly which was held in 1940. If a majority of those voting in said referendum shall vote FOR ratification of this Bill to extend the corporate limits of the said City of Dublin, then this Bill shall become effective on the JISt day of December, 1941. If a majority of THURSDAY, MARCH 2o, 1941 those voting in said referendum vote AGAINST ratification of this Bill to extend the corporate limits of said City of Dublin, then this Bill to be void and of no effect. Mr. Kea of Laurens moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 110, the nays o. The amendment having received the requisite majority was agreed to. By Mr. Heard of Elbert- House Bill No. 695 A bill to be entitled an Act to amend the Charter of the City of Elberton; and for other purposes. The following Senate amendment to House Bill No. 695 was read: The Senate amends House Bill No. 695 by adding the following "At the end of the present calendar year" immediately after the word "that" in line one section three (J) of said Bill. Mr. Heard of Elbert moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 120, the nays o. The amendment having received the requisite majority was agreed to. Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: By Senator Edenfield of the 4th District- Senate Bill No. 168. A bill to be entitled an Act to provide for more effective administration of the Public Welfare laws; and for other purposes. Mr. Williams of Jackson moved the previous question, the call was sustained and the main question ordered. An amendment by the committee was read and lost. An amendment by Mr. Rees of Webster was read and lost. An amendment by Mr. Jones of Brnntley was read and lost. The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to. On the passage of the bill, Mr. Bradbury of Oconee moved the ayes and nays and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Anderson Anglin Atkinson Barber Barlow Bates Bennett Bentley Blackshear Blease 1294 Bloodworth Bowen Boone Bradbury Branch Bridges Brinson Brooks of Mitchell Bruce Bynum Caldwell Campbell Candler Chastain Connell Cowart Culpepper Curry Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunn Dupree Dyal Easler Edwards Elliott Ferguson of Sumter Ford Forrester Foster of Paulding Fuller Gavin Gill Goolsby Grayson Greene Griffin Guerry Hand JOURNAL OF THE HOUSE, Harden Rees Hartness Reiser Herrin Rich Hicks Richardson Hogg Roberts of Walton Holtzendorf Rogers Hooks Roughton Inglis Rowland Ingram Russell Jackson Sabados Johnson of Chattahoochee Shannon Johnson of Pike Sheppard Joiner Sills Jones of Brantley Simmons Jones of Worth Smiley Kaigler Smith of Barrow Kea of Laurens Smith of Carroll Kennedy Smith of Schley Key of Jasper Smith of Washington Lester Smitha Lewis Southwell Livingston Strickland Looper Swint Lovett Thompson Mann Turner Martin Vickers Mason Walker Maund Warnock Mavity Weaver Mcintosh Wells of Burke McEntire Wells of Clayton McNall Wells of Telfair Mills Welsch Mims Moate . Wetherbee Whipple Moore of Lumpkin Wilbanks Moss Williams of Bacon Musgrove Williams of Harris Pannell Williams of Jackson Parker Williams of Ware Phillips Willoughby Pickett Witherington Pilcher Wohlwender Pinkston Wren Pittman Yawn THURSDAY, MARCH 2o, 1941 Those voting in the negative were Messrs.: Arnall Aultman Ennis, Marion Etheridge Gillis Goddard Gowen Graham Grice Gross Hardman Hardy Harris Harrison Hatchett Home Hunnicutt Jones of Richmond Kelley Kendrick Maddox McClure Mixon Moore of Taliaferro Price Roberts of Gwinnett Tappan Thigpen Those not voting were Messrs.: Allison Ansley Brooks of Oglethorpe Callaway Clements Dallis Dunaway Ennis, J. H. Ferguson of Camden Foster of Towns Fowler Gaston Gray Hagan Hart Heard Howard Jones of Dodge Mankin Maxwell McCracken Miller Pettit Rossee Smith of Hall Suggs Taft Woods Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, the ayes were 147, the nays 28. The bill having received the requisite constitutional majority was passed. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Messrs. Brooks of Mitchell, Dallis of Troup, Brinson of Chattooga, Smith of Carroll, Richardson of Hart, and Rogers of Floyd- House Bill No. 49 A bill to be entitled an Act providing a seed law for Georgia to conform to the Federal Seed Act of August 9, I939; and for other purposes. The following Senate amendment to House Bill No. 49 was read: The Senate amends House Bill No. 49 by striking Section 8 in its entirety and that succeeding sections be appropriately numbered. Mr. Brooks of Mitchell moved that the House agree to the Senate amendment. On the motion to agree, the ayes were I I 2, the nays 6. The amendment having received the requisite majority was agreed to. The following resolutions of the House were read and adopted: JOURNAL OF THE HOUSE, By Messrs. Lovett of Laurens, Bennett of Jeff Davis, and Herrin of Echols- House Resolution No. 171. A RESOLUTION WHEREAS, the Commissioner of Agriculture is building one of the largest State Farmers Market ever underta~en in the South for the purpose of encouraging, prOmoting, and marketing Georgia farm products, and WHEREAS, our National Defense Program is vitally dependent upon the farmers of our country, and WHEREAS, the Commissioner of Agriculture of the State of Georgia, is engaged in working out plans with the various military camps whereby Georgia farm products can be sold direct to the camps by the farmers of our state, and WHEREAS, the Commissioner of Agriculture has made it possible for this body to inspect the new State Farmers' Market now under construction, and this body most heartily commends our Commissioner of Agriculture for his untiring efforts, therefore BE IT RESOLVED that a copy of this resolution be spread on the Journal of the House and a copy be submitted to the Honorable Tom Linder, Commissioner of Agriculture. By Mr. Dunn of Lamar and others- House Resolution No. 172. WHEREAS, the House of Representatives has received the sorrowful news of the untimely passing of Nathaniel Bryan Dobbs, son of Hon. E. 0. Dobbs, Senator from the Twenty-Second District, and WHEREAS, this young man emulated in his conduct and character the sterling virtues of his beloved father who represents so well his District in the Halls of Legislation in this State, and WHEREAS, this House of Representatives of the State of Georgia is deeply moved by the grief and loss which the Senator and his family have sustained in this great sorrow, NOW, THEREFORE BE IT RESOLVED that this body express its sympathy to the Senator and his family, and the Clerk be instructed to transmit a copy of this resolution to them. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House, tO-wit: THURSDAY, MARCH 2o, 1941 1297 By Messrs. Vickers of Coffee and Taft of Atkinson- House Bill No. 91. A bill to amend an Act approved August 20, 1929 designating the Highway mileage by adding additional mileage in Coffee and Atkinson Counties; and for other purposes. By Mr. Vickers of Coffee- House Bill No. 92. A bill to amend an Act approved August 20, 1929 designating the Highway Mileage by adding additional mileage in Coffee County, Ga. from Lax, Georgia, to the Bacon County Line, and for other purposes. By Mr. Aultman of Peach- House Bill No. 368. A bill to authorize the fiscal authority in Counties having a population of not less than 10,376 and not more than 10,386 to pay additional compensation not exceed f.3o.oo per month, to the sheriff for automobile expense; to repeal conflicting laws; and for other purposes. By Mr. Rich of Union- House Bill No. 506. A bill to exempt from the operation of Sections 62-510 62-511 of the Code of Georgia of 1933 certain Militia Districts in Union County, Ga.; to render void any election held heretofore in said districts under the provisions of said sections; and for other purposes. By Messrs. Sills of Candler, Deal and Aiken of Bulloch- House Bill Mo. 559 A bill to amend an Act entitled "Highway Mileage" ap- proved August 20, 1929, by adding thereto a road beginning in the City of Metter in Candler County and extending through Portal in Bulloch County and the town of Rocky Ford in Screven County and to the city of Sylvania in Screven County; and for other purposes. By Messrs. Bates and Williams of Ware, Southwell of Charlton and Jones of Brantley, and Bowen of Pierce- House Bill No. 599 A bill to abolish the fee system now ex1sting in the Superior Courts, as applied to the office of Official Court Reporter, of the Waycross Judicial Circuit; and for other purposes. By Messrs Joiner of Cook and Connell of Lowndes- House Bill No. 638. A bill to propose to the qualified voters of Georg1a an amendment to the Constitution of Ga. so as to authorize Cook County to issue funding bonds; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 656. A bill to authorize the Commissioners of Roads and Revenues in all counties having a populat'on of not less than 57,000 and not more than 8o,ooo according to 1940 census to adopt and enforce building and construction regulations; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Davis and Arnall of Coweta- House Bill No. 712. A bill to amend an Act entitled "Highway Mileage" so as to add additional Mileage in Coweta County, Georgia; and for other purposes. By Messrs. Candler, Dunaway, and Turner of DeKalb~ House Bill No. 728. A bill to amend an Act approved August 11, 1915 entitled an "Act to abolish the office of County Treasurer of the County of DeKalb"; and for other purposes. By Senator Couch of the pnd District- Senate Bill No. 192. A bill to authorize banks ch?trtered under the laws of Georgia to establish a branch bank in any municipality without state or national banking facilities; and for other purposes. By Senator Dorsey of the 32nd Distnct- Senate Bill No. 218. A bill to establish state standards of weights and me1sures; to provide for the receipt of primary standards of both weight and measure from the U.S. Bureau of Standards; and for other purposes. By Senator Sumner of the 1oth District- Senate Bill No. 202. A bill to define the word "Dairy", as used in the statutes of the State; to repeal ;:onfl!cting laws; and for other purposes. By Senator Milhollin of the 46th District- Senate Resolution No. 67-228. A bill extending fishing and hunting rights to non-resident soldiers encamped in the State of Georgia. By Senator Coker of the 39th Distrcit- Senate Bill No. 119. A bill to prohibit any person licensed to practice medicine, or dentistry, or osteopathy, or chiropractic or chiropody, or optometry, or pharmacy from using before his name the prefix "Dr." or "Doctor" 'Jn letterheads, signs, directories, cards, or in any form of advertisement; and for other purposes. By Senator Edwards of the 6th District- Senate Bill No. 215. A bill to provide a service ribbon and medals of honor for citizens of this State who entered the service of the United States of America in the war with the German Empire and its allies as a volunteer or otherwise; ;;nd for other purposes. By Messrs. Elliott of Muscogee, Evans of McDuffie, Lovett of Laurens, Culpepper of Fayette, Marion Ennis of Baldwin, and J. H. Ennis of Baldwin- House Bill No. 326. A bill to authorize the Governor to lease all or any part of the lands and buildings constituting the State Prison Farm; and for other purposes. By Messrs. Roughton of Washington and Bates of WareHouse Bill No. 296. A bill to repeal sections 86-1501, 86-1502, 86-1503 of the THURSDAY, MARCH 20, 1941 Georgia Code, relating to the organization, formation and payment of expenses of a Home Guard or Constabulary; and for other purposes. By Mrs. Mankin and Mr. Etheridge of Fulton, Messrs. Turner, Candler and Dunaway of DeKalb- House Bill No. 309 A bill to propose to the qualified voters of Georgia an amendment to the Constitution authorizing the establishment of Hospitai authorities; and for other purposes. By Mrs. Mankin and Mr. Etheridge of Fulton and Messrs. Turner, Candler and Dunaway of DeKalb- House Bill No. 310. A bill to establish hospital authorities, defining the duties and powers of said authorities; and for other purposes. By Mr. Milhollin of the 46th District- Senate Resolution No. 68-228. A resolution advising that a joint resolution be adopted by the House and Senate and the Speaker of the House to appoint a committee to serve without pay or other compensation and to be composed of two members from the Senate and three from the House to advise with the Commissioner of the Department of Natural Resources, etc., in the preservation of and conservation of the natural resources, etc. The following message was received from the Senate through Mr. Camp, 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 Mrs. Mankin, Messrs. Kendrick, and Etheridge of Fulton, Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 626. A bill to propose to the qualified voters of Georgia an amendment to the Constitution authorizing Fulton and DeKalb Counties to establish Highway Authority; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following bill of the House, ta-wit: By Messrs. Williams of Harris, Roughton of Washington, Caldwell, and Davis of Troup- House Bill No. 402. A bill to amend an Act to further regulate the practice of osteopathy and to increase the educational requirements of applicants for license to practice osteopathy; and for other purposes. IJOO JOURNAL OF THE HOUSE, Under the order of business established by the Committee on Rules the following bill of the Senate was taken up for consideration and read the third time: By Senator Millhollin of the 46th and Houston of the 51st District- Senate Bill No. 97 A bill to be entitled an Act to provide recounts in primary elections; and for other purposes. Mr. Lovett of Laurens moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I4, the nays 5 The bill having received the requisite constitutional majority was passed. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has concurred in the House substitute to the following bill of the Senate, to-wit: By Senator Couch of the 52nd DistrictSenate Bill No. 86. A bill to amend the Charter of the City of Atlanta of I 874 and all Acts amendatory thereto, with reference to the revenue to be paid by the said city for school purposes; and for other purposes. The Senate has concurred in the House amendments to the following bill of the Senate, to-wit: By Senators Edwards of the 6th, Couch of the pnd, Redwine of the 26th, and Coker of the 39th Districts- Senate Bill No. 44 A bill to amend an Act known and designated as the "Unemployment Compensation Law", by clarifying the terms and provisions thereof; and for other purposes. The Senate has concurred in the House amendment to the following bill of the Senate, to-wit: By Senator Edwards of the 6th District- Senate Bill No. 78. A bill to regulate labor organizations; to prohibit them from seeking money from persons working on projects being financed by tax money; and for other purposes. The Senate insists on its substitute to the following bill of the House, to-wit: By Messrs. :Etheridge and Kendric~, Mrs. Mankin of Fulton- House Bill No. 169. A bill to create a Purchasing Department in Fulton County; and for other purposes. THURSDAY, MARCH 2o, 1941 IJOI The President has appointed as a Conference Committee on the part of the Senate to consider the above bill: Senators Couch of the 52nd, Whaley of the 45th, and Lanier of the 18th Districts. The Senate has concurred in the House amendment to the following bill of the Senate, tO-wit: By Senator Couch of the 52nd District. Senate Bill No. JO. A bill to transfer to the County Tax Collector, duties now imposed upon County Registrars in Counties having a population of 2oo,ooo or more; and for other purposes. Mr. Speaker: The Senate has agreed to the report of the Conference Committee on the following bill of the House, to-wit: By Mrs. Mankin, Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 169. A bill to create a Purchasing Department in Fulton County; and for other purposes. The following bill of the House was taken up for the purpose of considering the Senate amendments thereto: By Messrs. Williams of Harris, Roughton of Washington, Caldwell of Troup and Davis of Coweta- House Bill No. 402. A bill to be entitled an Act to amend an Act to further regulate the practice of osteopathy and to increase the educational requirements of applicants for license to practice osteopathy; and for other purposes. The following Senate amendments to House Bill No. 402 were read: House Bill No. 402 is hereby amended as follows: By striking the caption thereof in its entirety, and substituting as a caption in lie~ thereof tlie following: "A Bill to be entitled an Act to further regulate the practice of osteopathy, to increase the educational requirements of applicants for license to practice osteopathy, and to require certain fees of said applicants; to further define the practice of osteOpathy, to authorize licensed osteopathic physicians to purchase, prescribe and/or use only for the alleviation of pain certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26 U.S. C. A. Int. Rev. Code, Section 3220 et seq., in the practice of their profession, to fix the rights, powers and privileges of licensees to practice osteopathy, and to amend Section 84-1207 of the Code of Georgia of 1933, and to amend Section 84-1209 of the Code of Georgia of 1933, and to amend Subsection (2) of Section 42-802 of the Code of Georgia of 1933, and to amend Subsection (b) of Code Section 42-806 of the Code of Georgia of 1933, and to amend Subsection (c) of Section 42-807 of the Code 1302 JO~RNAL OF THE HOUSE, of Georgia of 1933, and to amend Subsection (1) of Section 42-808 of the Code bf Georgia of 1933, so as to bring osteopaths within the purview of said Sections, inSOfar as the use of the above named narcotics or their derivatives for the alleviation of pain is concerned, and for other purposes." Said House Bill No. 402 is further amended by striking Section 2 thereof in its entirety and adding in lieu thereof another Section to be known as Section 2, and reading as follows: "Section 2. Section 84-1209 of the Code of Georgia of 1933 is hereby amended by adding at the end of said Section the following words, 'Provided, however, osteopaths shall be authorized for the alleviation of pain only, to use, mix, prepare, dispense and administer certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act', as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq.,' so that Section 84-1209 of the Code of Georgia of 1933 sha!l read as follows: "Section 84-1209. The license provided for in this Chapter shall authorize the holder to practice osteopathy as taught and practiced in the legally incorporated and reputable colleges of osteopathy, as provided for in this Chapter; Provided, however, osteopaths shall be authorized for the alleviation of pain only, to use, mix, prepare, dispense and administer certain narcotic drugs, to-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq." Said House Bill No. 402 is further amended by striking Section 3 thereof in its entirety. Said House Bill No. 402 is further amended by adding thereto a new Section, to be known as Section 3, and reading as follows: "Section 3 That Subsection (2) of Section 42-802 of the Code of Georgia of 1933, be amended by adding thereto at the end thereof the following, 'Osteopaths are also hereby authorized to secure a Federal narcotic permit as allowed physicians and other persons as provided in this Chapter; Provided, however, osteopaths shall be allowed to purchase, prescribe, dispense and administer for the alleviation of pain only, certain narcotic drugs, tO-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq.,' so that when amended said Subsection 2 of Section 42-802 of the Code of Georgia of 1933 shall read as follows: "(2) Physician means a person authorized by law to practice medicine in this State and any other person authorized by law to treat sick and injured human beings in this State and to use narcotic drugs in connection with such treatment. Osteopaths are also hereby authorized to secure a Federal Narcotic Permit as allowed physicians and other persons as provided in this Chapter; Provided, however, osteopaths shall be allowed to purchase, prescribe, dispense and administer for the alleviation of pain only, certain narcotic drugs, to-wit, those narcotic drugs or their deriva- THURSDAY, MARCH 2o, 1941 IJOJ tives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Sec. 3220 et seq." Said House Bill No. 402 is further amended by striking Section 4 thereof in its entirety, and by adding a new Section in lieu thereof, to be known as Section 4, and reading as follows: "Section 4 Subparagraph (b) of Paragraph 1 of Section 42-8o6 of the Code of Georgia of 1933 is hereby amended by adding to said Subsection (b) at the end thereof the following: 'And to an osteopath, provided, however, that an osteopath may buy or obtain for the alleviation of pain only, certain narcotic drugs, tO-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out m 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq.,' so that said Subsection (b) as amended shall read as follows: "(b) To a physician, dentist or veterinarian and to an osteopath, prov1ded, however, that an osceopath may buy or obtain for the alleviation of pain only, certain narcotic drugs, to wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known, as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq." Section 5 of said House Bill No. 402 is amended by striking the same in its en. tirety and by substitutmg therefor another Section to be known as Section 5 and reading as follows: "Section 5 Subsection (c) of Section 42-807 of the Code of Georgia of 1933 is- amended by adding thereto at the end thereof the following: 'An apothecary only upon an official written order may sell to an osteopath in quantities not exceeding one ounce at any one time, aqueous or oleaginous solution of which the content of certain narcotic drugs, tO-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Sec. 3220, et seq., does not exceed a proportion greater than twenty per cent of the complete solution, to be used only for the purpose of alleviation of pain,' so that said Subsection (c) of Section 42-807, as amended, shall read as follows: "(c) An apothecary only upon an official written order may: sell to a physician, dentist or veterinarian in quantities not exceeding one ounce at any one time, aqueous or oleaginous solution of which the content of narcotic drugs does not exceed a proportion greater than twenty per cent of the complete solution, to be used for medical purposes. "An apothecary only upon an official written order may sell to an osteopath in quantities not exceeding one ounce at any one time aqueous or oleaginous solution of which the content of certain narcotic drugs, tO-wit, those narcotic drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U. S. C. A. Int. Rev. Code, Section 3220 et seq., does not exceed a proportion greater than twenty IJ04 JOURNAL OF THE HOUSE, per cent of the complete solution, to be used only for the purpose of alleviation of pain." Said House Bill No. 402 is amended by striking Section 6 thereof in its entirety and adding in lieu thereof another section to be known as Section 6, and reading as follows: "Section 6. Subsection I of Section 42-808 of the Code of Georgia of I933 is hereby amended by adding at the end thereof the following words, 'An osteopath in good faith and in the course othis professional practice only may prescribe, administer and dispense for the alleviation of pain only, certain narcotic drugs, to-wit, those drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S. C. A. Int. Rev. Code, Section 3220, et seq., or he may cause the same to be so administered by a nurse or interne under his direction and supervision,' so that Subsection I of Section 42-808 of the Code of Georgia of I933, as amended, shall read as follows: "(I) A physician or a dentist in good faith and in the course of his professional practice only may prescribe, administer and dispense narcotic drugs, or he may cause t~~ same to be administered by a nurse or interne under his direction and super- VISIOn. An osteopath in good faith and in the course of his professional practice only may prescribe, administer and dispense only for the alleviation of pain certain narcotic drugs, te-wit, those drugs or their derivatives, the sale or dispensing of which is regulated by the Federal Act known as 'The Harrison Narcotic Act,' as amended, said Act being set out in 26th U.S. C. A. Int. Rev. Code, Sec. 3220, et seq., or he may cause th.e. sam,, e to be so administered by a nurse or interne under his direction and super- VISIOn. Said House Bill No. 402 is further amended by striking Section 7 thereof and adding in lieu thereof another section to be known as Section 7 and reading as follows: "Section 7 Be it further enacted that all laws or parts of laws which may be in conflict herewith are hereby repealed." Mr. Sabados of Dougherty moved that the House agree to the Senate amendments. On the motion to agree, the ayes were I24, the nays I. The amendments having received the requisite majority were agreed to. Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: By Senators Campbell of the 34th District and Edwards of the 6th District- Senate Bill No. 66. A bill to be entitled an Act governing and regulating the use of the public roads and highways of Georgia according to recommendations of the THURSDAY, MARCH 2o, 1941 IJOS Highway Transport Committee of the American Association of the State Highway Officials and the U.S. Bureau of Public Roads; ahd for other purposes. The following resolution of the House was read and adopted: By Messrs. Culpepper of Fayette, Grayson of Chatham, Lovett of Laurens, and Elliott ofMuscogee- House R~solution No. 173. A RESOLUTION Whereas the Honorable Joe Boone, the Cierk of the House of Representatives of Georgia, over a period of years formerly as ,an assistant clerk an,d in recent years as the Clerk of the House of Representatives, has endeared himself to the membership of this House, And whereas he has exhibited during his entire services efficiency of the highest order in addition to always conducting his office and his duties with the able help of his staff, fairly, accurately, honestly, and courteously, And whereas this House of Representatives in session assembled feels toward him a sense d gratitude and appreciation for his splendid services and his constant friendship and association, Therefore, be it resolved that the House of Representatives acknowledge to him and his staff their appreciation of such services by a rising vote and be it further resolved that a copy of this resolution be madt: by a member of the Clerk's staff and that the same be signed by both the Speaker and the Speaker Pro Tern of the House and by them transmitted to the Honorable Joe Boone, Clerk of this House. By unanimous consent, the House recessed for one hour. The Speaker called the House to order. '2:oo o'clock P.M. By unanimous consent, the call of the roll was dispensed with. Further consideration of Senate Bill No. 66 was resumed. Mr. Etheridge of Fulton moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 142, the nays '2. The bill having received the requisite constitutional majority was passed. The following resolution of the House was read and referred to the Committee on Academy for the Blind: By Messrs. Grice, Weaver and Bloodworth of Bibb- House Resolution No. 174 A resolution moving the capitol to Macon; and for other purposes. IJ06 JOURNAL OF THEHOUSE, Undt=r the order of business established by.the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: By Senators Edwards of the 6th District and Campbell of the 34th District- Senate Bill No. 67. A bill to be entitled an Act to repeal Section 68-roor of the Code of Georgia of 1933 providing for authority to State Revenue Commission to negotiate reciprocal agreements relative to the license tags of motor carriers; and for other purposes. Mr. Ingram of Forsyth moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 137, the nays 1. The bill having received the requisite constitutional majority was passed. The following message was received from the Senate through Mr. Camp, 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 Messrs. Bloodworth, Grice and Weaver of Bibb, and others- House Bill No. 165. A bill to appropriate to the State Department of Public Welfare certain sums for the support of the negro division of the Georgia Training School for Girls; and for other purposes. The following report of the Committee of Conference on House Bill No. 165 was submitted and read: The conference committee appointed by the House of Representatives and the Senate to consider the disagreement of the House with the two Senate Amendments to House Bill No. 165 offer the following amendment as a substitute for said Senate amendments: That said bill be amended by striking the figures "$r s,ooo.oo" in Section I and inserring in lieu thereof the figures "$IO,ooo.oo," and by striking from said Section the figures "$2o,ooo.oo" and inserting in lieu thereof the figures "$r s,ooo.oo" md by adding to said section immediately after the figures," "$2o,ooo.oo" stricken as above, the words "and annually thereafter the sum of $2o,ooo.oo", so that said section as amended shall read as follows: "SECTION I., That there is hereby appropriated to the State Department of Public Welfare out of the general funds of the State Treasury, to be used by said Department for the sole purpose of equipping, maintaining and operating the colored division of the Georgia Training School for Girls, created and established by the Act approved March JI, 1937, and located in Bibb County, Georgia, the following sums, to-wit: THURSDAY, MARCH 2o, 1941 1307 For the remainder of the fiscal year ending June 30, 1941, $1o,ooo.oo (which sum includes expenses for necessary equipment) For the fiscal year ending June JO, 1942, $15,ooo.oo, and annually thereafter the sum of $2o,ooo.oo. Said appropriations shall be in addition to any other appropriations made or to be made to the State Department of Public Welfare or to the Colored Division of the Georgia Training School for Girls." J. H. RowLAND, Senator A. W. DAUGHTRY, Senator D. G. BLAND, Senator A. H. WEAVER, member of the House MRs. JoHN B. GuERRY, member of the House JoHN A. DuNAWAY, member of the House March 20, 1941. Mr. Bloodworth of Bibb moved that the House adopt the Conference Committee report. On the motion to adopt, the ayes were 121, the nays 1. The Conference Committee report having received the requisite majority was adopted. Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: By Senator Hill of the 36th District- 'Senate Bill No. 87. A bill to be entitled an Act to amend Section 4 of an Act approved February ro, 1937, creating the State Board of Education, defining its powers, duties, etc., and for other purposes. Mr. Davis of Coweta moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 129, the nays o. The bill having received the requisite constitutional majority was passed. The following bill of the House was taken up for the purpose of considering the Senate substitute thereto: By Mr. Brooks of Oglethorpe- House Bill No. 725. A bill to be entitled an Act to amend the Constitution of I308 JOURNAL OF THE HOUSE, Georgia so as to authorize the Crawford School District to issue funding bonds; and for other purposes. The following Senate substitute to House Bill No. 725 was read: A BILL 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 Crawford School District, of Oglethorpe County, 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 past due up to and including January I, I952; 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, past due and unpaid on July I, I939, or which may become due up to and including January I, I952, to provide for the submission of the amendment for ratification by the people; and for other purposes. SECTION I. 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 I, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph, in the following words, ta-wit: "And except that Crawford School District, of Oglethorpe County, may issue refunding bonds not in excess of the aggregate sum of $I7,500.oo, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said School District outstanding, past due and unpaid on July I, 1939, and any bonded indebtedness and interest thereon of said School District outstanding and which becomes due up to and including January 1, 1952, and provided for the as!lessment and collection of 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 Crawford School District, Oglethorpe County, to be used exclusivt;ly for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of July I, I939, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January I, I952 Said Refunding Bonds shall be issued when authorized by a resolution of the Board of Trustees of Crawford School District, 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 a twa-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, same 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 prmted on their ballots the words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing Crawford School District, of Oglethorpe County, to issue refunding bonds," and all persons opposed to the adopting of said THURSDAY, MARCH 2o, I94I IJ09 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 Crawford School District, of Oglethorpe County, to issue refunding bonds", and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the 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 It is expressly enacted that the Crawford School District herein mentioned be and the same consists of the same area and has the same boundaries as the original Crawford School District which issued the bonds now outstanding. SECTION 4 All laws and parts of laws in conflict herewith are hereby repealed Mr. Brooks of Oglethorpe moved that the House agree to the Senate substitute. On the motion to agree, the roll call was ordered, and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Arnall Atkinson Aultman Barber Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Campbell Candler Chastain Connell Cowart Culpepper Curry Dallis Daves Davis Deal Dean Dorsey Drake Drinkard Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ford Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Greene Grice Griffin Gross Guerry Harden Hardman Hardy Hartness Hatchett Hicks Hogg Holtzendorf Hooks Horne Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kelley IJIO JOURNAL OF THE HOUSE, Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Maddox Mankin Mann Martin Mason McClure McCracken Mcintosh McNall Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Phillips Pilcher Pinkston Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Russell Sabados Shannon Simmons Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Strickland Suggs Tappan Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Ware Witherington Wohlwender Wren Wright Those not voting were Messrs.: Ansley Barlow Brinson Callaway Clements Dalton Dunaway Dunn Ennis, J. H. Ferguson of Sumter Forrester Gowen Graham Gray Grayson Hagan Hand Harris Harrison Hart Heard Herrin Howard Joiner Lovett Maund Mavity Maxwell McEntire Miller Pettit Pickett Rogers Rossee Roughton Rowland Sheppard Sills Smiley Southwell Swint Taft Thigpen Thompson Williams of Bacon Williams of Harris Williams of Jackson Willoughby Woods Yawn By unanimous consent, the verification of the roll call was dispensed with. On the motion to agree, the ayes 154, the nays o. The substitute having received the requisite majority was agreed to. THURSDAY, MARCH 2o, 1941 IJII The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Mr. Brooks of Oglethorpe- House Bill No. 727. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Oglethorpe County to issue refunding bonds; and for other purposes. The following Senate amendment to House Bill No. 727 was read and adopted: The Senate moves to amend House Bill No. 727 by inserting between the words "governing" and "of" in Section one (1), line twenty-eight (28), the word "authority"; so that the line when amended shall read "governing authority of said county, with the right in said governing authority to borrow." Mr. Brooks of Oglethorpe moved that the House agt:ee to the Senate amendment. On the motion to agree, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Arnall Atkinson Aultman Barber Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Campbell Candler Chastain Connell Cowart Culpepper Curry Dallis. Daves Davis Deal Dean Dorsey Drake Drinkard Dupree Dyal Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ford Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Greene Grice Griffin Gross Guerry Harden Hardman Hardy Hartness Hatchett Hicks Hogg Holtzendorf Hooks Horne Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Jones of Brantley Jones of Dodge Jones of Richmond Jones of Worth IJI2 JOURNAL OF THE HOUSE, Kaigler Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Maddox Mankin Mann Martin Mason McClure. McCracken Mcintosh McNall Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Phillips Pilcher Pinkston Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Russell Sabados Shannon Simmons Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Strickland Suggs Tappan TUrner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Ware Witherington Wohlwender Wren Wright Those not voting were Messrs.: Ansley Barlow Brinson Callaway Clements Dalton Dunaway Dunn Ennis, J. H. Ferguson of Sumter Forrester Gowen Graham Gray Grayson Hagan Hand Harris Harrison Hart Heard Herrin Howard Joiner Lovett Maund Mavity Maxwell McEntire Miller Pettit Pickett Rogers Rossee Roughton Rowland Sheppard Sills Smiley Southwell Swint Taft Thigpen Thompson Williams of Bacon Williams of Harris Williams of Jackson Willoughby Woods Yawn On the motion to agree, the ayes were 154, the nays o. The amendment having received the requisite majority was agreed to. Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: THURSDAY, MARCH 2o, 1941 1313 By Senators Redwine of the 26th District, Clark of the 44th District, Edenfield of the 4th District, and Smith of the 24th District- Senate Bill No. So. A bill to be entitled an Act permitting insurance companies doing business in Georgia to make voluntary deposits with the State Treasurer; and for other purposes. The previous question was ordered. The main question was ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. An amendment by Mr. Mims of Miller was read. On the adoption of the amendment, Mr. Mims of Miller moved the ayes and nays, and the call was not sustained. The amendment was lost. On the passage of the bill, the ayes were 125, the nays 4 The bill having received the requisite constitutional majority was passed. Mr. Pannell of Murray asked to be recorded in the Journal as voting against Senate Bill No. So. The following bill of the House was taken up for the purpose of considering the Senate substitute thereto: ' By Mrs. Mankin and Messrs. Kendrick, and Etheridge of Fulton- House Bill No. 173 A bill to be entitled an Act to amend the Budget Law for Fulton County so as to define the method for determining anticipated expenditures in any future budget; and for other purposes. The following Senate substitute to House Bill No. 173 was read: A BILL To be entitled an Act to amend an Act approved March 16, 1939, appearing in Georgia Laws 1939, pages 272-276, which Act is 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; to define the word "Authorities" as used herein; for the publication of the proposed budget, the adoption of the budget and publication of the final budget as adopted; for estimating the income and estimating and limiting the expenditures of the county for the purpose of the budget; for defining and classifying the revenue of the county and designating its uses; for prescribing the order and the priority of the appropriations; for designating the manner and circumstances under which the budg8ene or turpentine being rubbed by the negro himself on his feet. The Committee found that the small houses used at this Camp for solitary confinement, consisting of four or five in number, were located several yards from the main prison barracks. Each of said houses had an inside measurement of about four to five feet in length, and four to five feet in width and about four feet in heighth; that these houses were improperly ventilated and had no means of heating and that they FRIDAY, MARCH 21, 1941 1351 were removed from any other building in which there was any heat. These houses in the opinion of the Committee are absolutely unfit, from the standpoint of size, ventilation, sanitation and temperature to be used for solitary confinement for any period of time, similar to the length of time, which, according to the evidence, had been used for the confinement of the prisoner under investigation, as well as other inmates of the Camp. The Committee also found that this Camp and the warden in charge thereof did not have, and had not been keeping any systematized or permanent record as to the punishment of the inmates of said Camp or the type of punishment imposed; or the offense for which the punishment was given. The Committee found upon its investigation at Tattnall Prison that the right foot of the prisoner, Henry Woodward, had been taken offjust above the ankle by the State Prison Physician and that two or more of the toes of the left foot had, by natural demarcation or deterioration, dropped off and that the Prison Physician said 'it might be possible to save the greatest portion of the left foot without an operation if the condition of the foot continued to improve. It is the opinion of the Committee that there is sufficient grounds to authorize the Grand Jury of Newton County to throughly investigate this incident as to any violation by the warden of said Camp of the Criminal Laws of this State; and that the office of the Attorney General of this State should assist, if needed, the local authorities in seeing that any violation of the laws of the State by the warden of said Camp or any others connected therewith be vigorously prosecuted, should it be found that any Laws of the State have been violated. The Committee respectfully recommends that the Prison and Parole Commission of the State promote rules and regulations for a humane and reasonable punishment for prisoners disobeying rules and regulations of Public Work Camps of this State; and that no system of punishment be permitted that would destroy or impair the organs or functions of the human body or would injure the health of the prisoner. It is further recommended that no place of solitary confinement, usually known or referred to as the "hole" or "doghouse" be permitted to be used by any Public Works Camp, unless it is of such size that the prisoner may easily stand upright or lie in a natural position therein; and unless said place of solitary confinement be so located and constructed that it will be protected from extreme cold in winter, excessive heat in the summer and shall have proper ventilation and reasonable temperature at all times; and that no such place of solitary confinement shall be used as a place of punishment by any warden or officer of any Public Works Camp located in this State until such place has been inspected by at least one of the members of the Prison and Parole Commission and the approval thereof recorded on the minutes of said Prison and Parole Commission. The Committee further recommends that the Prison and Parole Commission or those in authority require the wardens of said Public Works Camps of the State of Georgia to keep a systematized record of the punishment of inmates thereof; the offense for which they are punished; the type of punishment imposed and, if solitary confinement be used; that said warden be required immediately after such punishment to send to the Prison and Parole Board a sworn statement showing the name of 1352 JOURNAL OF THE HOUSE, the prisoner, the offense for which he was punished, the length of time he was kept in solitary confinement and the physical condition of the prisoner before and after said punishment was imposed. The Committee further recommends that the Prison and Parole Board either by themselves or some other qualified person employed by them frequently visit the various Public Works Camps of the State and particularly inspect them as to the condition existing at said Camps and especially with reference to the character and conduct of the wardens and guards on duty, the sanitary conditions existing at said Camps and the mode of punishment used, and the records kept thereof. That a copy of this report be forwarded to the Prison and Parole Commission by the Clerk of the House. Respectfully submitted this 20 day of March, 1941. Marvin A. Allison of Gwinnett Olin E. Sheppard of Heard W. R. Blease of Brooks H. B. Smith of Barrow BenT. Willoughby of Clinch Committee The following report was submitted and read: Department of Agriculture State Capitol Atlanta March 21, 1941. Honorable Randall Evans, Speaker of the House, and Members of the House of Representatives. Dear Sirs: I am in receipt of your Resolution House Resolution No. 165. Your visit to the Market was appreciated very much by me and all the other employes of the Department of Agriculture, who contributed to the small expense of the occasion. We were very happy to have you visit the New State Farmers Market, at Sylvan Road and Murphy Avenue. I am glad to give you full information regarding the building of the Market. The authority for building Farmers Markets will be found on pages 369, 370, 371 and 372 of the Acts of the Legislature of 1935, same being an Act entitled: "An Act to provide for and to authorize the Commissioner of Agriculture to establish Farmers' Markets in this State and to authorize the Commissioner of FRIDAY, MARCH :11, 1941 1353 Agriculture to make necessary rules and regulations to properly conduct such markets; to provide for embargoes; to provide for prohibiting the sale of vegetables, fruits, truck crops and other farm crops found unfit for food; to provide for acquiring necessary property for the erection of necessary buildings and the improvement of market sites, etc., for the State, on which to conduct said markets; and for other purposes." Under the provisions of this Act, as Commissioner of Agriculture, I built the first State Farmers' Market on Piedmont Avenue, Atlanta, in 1935 The State's leases on those markets expired December 31, 1940. During the administration of Hon. Columbus Roberts, Mr. Roberts purchased the present site of the Farmer's Market at Sylvan Road and Murphy Avenue. This, as you gentlemen know, is a splendid site for a Farmer's Market and I wish to take this occasion to commend Mr. Roberts in selecting and purchasing this site for the State as a market site. In November, 1940, Mr. Roberts agreed with Hon. Eugene Talmadge, GovernorElect, for the work to begin on the new market on the new site. Mr. Talmadge was put on the pay roll of Mr. Roberts at a salary of $5.00 per month in order to carry out this arrangement. Under this authority, Mr. Talmadge entered negotiations with Mr. J. E. Whitley to supervise and build the New Market, and to furnish the money necessary for the purpose until such time as he could be repaid by the State. Mr. Whitley to receive actual costs, plus 5% commission (without interest on his money). The state will re- ceive this money back from fees, over a period of years. When I assumed the duties of the office of Commissioner of Agriculture, January 1, 1941, I immediately ratified this agreement between Governor Talmadge and Mr. Whitley. The sub-contracts for building the New Market have been let at various times and each of these contracts was let on competitive bids, after giving all interested parties an opportunity to submit their offers. And, they were let to the lowest responsible bidder. Every contract entered into has been signed by the person submitting the best bid and by me as Commissioner of Agriculture. For your full information I am submitting herewith lists of these contracts to date. The total cost of the six brick buildings and three steel and concrete sheds, now under construction, will run in the neighborhood of $19o,ooo.oo. The contracts that have been signed by the Commissioner of Agriculture covering the material and labor under contract are as follows: Firm Timber .............. Redwine Brothers ............................ $ Brick Mortar......... Campbell Coal Co. $1.63 bbl. 1J54 JOURNAL OF THE HOUSE, Roofs ................ Walker Roofing Co.......................... . $ 5,95500 Plumbing ............ Stephenson Co. (for Bldgs.) ................... . 1J,5JI.OO Splined Roof D........ Campbell Coal Co........................... . Cement .............. Campbell Coal Co. $2.53 bbl. 47500 Millwork ............. Campbell Coal Co........................... . Sand ................ Campbell Coal Co. .JO Ton 16955 Brick Laying ......... D. W. McCowan Cons. Co. $10.00 M Brick ................ Chattahoochee Brick Co. 10.75 M Sheet Metal. ......... C. L. Bowers (Awnings, copings for Bldgs.) ..... . 3,16o.oo Steel ................. Calvert Iron Works .......................... . 6,0JO.OO Doors ................ Louis Company ............................. . 22,746.00 Building No.6 Timber .............. Redwine Brothers $31.06 M Brick Mortar......... Campbell Coal Co. 1.63 bbl. Roof ................ Walker Roofing Co........................... . Plumbing ............ Warner Plumbing Co......................... . Splined Roof D........ Campbell Coal Co....... ." ................... . Cement .............. Campbell Coal Co. 2.63 bbl. Millwork ............. Campbell Coal Co........................... . Sand ................ Campbell Coal Co. .JO Ton Brick Laying ......... D. W. McCowan Cons. Co. 10.00 M Brick ................ Chattahoochee Brick Co. 10.75 M Sheet Metal .......... C. L. Bowers ................................ . Steel ................ Calvert Iron Works .......................... . Doors ............... Louis Company ............................. . 1,763.00 2,o58.oo 108.28 27.00 725.00 1,85900 4,900.00 Sheds Nos. I-2 6: 3 Steel ................ Calvert Iron Works ....... ~ .................. . 51,000.00 Plumbing ............ Warner Plumbing Co......................... . 1,65o.oo Reinforced Steel ...... Cosco Products Co........................... . J8955 Trusting this information is what you desire, and thanking you again for your interest, I am Sincerely yours, ToM LINDER, Commissioner of Agriculture. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following bill to the House, t0-wit: FRIDAY, MARCH 2I, I94I I355 By Messrs. Pickett of Pickens, and Hagan of Screven- House Bill No. 377 A bill to impose a penalty upon any person, firm, or corporation operating in any municipality of this state, taxi-cabs serving the public where a passenger is refused transportation to his place of designation within the corporate limits of said municipality; and for other purposes. Under the order of business established by the Committee on Rules, the following bill of the Senate was again taken up for consideration. By Senator Clark of the 44th District, and others- Senate Resolution No. 42-I4oC. A resolution to amend the Constitution of Georgia by providing that Revenue Anticipation obligations shall not be deemed debts of or to create debts against political sub-division issuing such; and for other purposes. The following substitute to Senate Resolution No. 42-I40C was read: A RESOLUTION Proposing an amendment to Article 7, Section 7, Paragraph I, of the Constitution of Georgia by providing that Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political sub-division issuing such obligations; and for other purposes. BE IT RESOLVED by the General Assembly of Georgia: Section 1. That the General Assembly does hereby propose that Article 7, Section 7, Paragraph I, of the Constitution of Georgia be amended by adding at the end thereof the following language: "Provided, further, that revenue anticipation obligations issued by any county, municipal corporation, or political sub-division of this State to provide funds for the construction, in w~ole or in part, of any revenue-producing facility which such county, municipal-corporation or political sub-division is authorized by the Act of the General Assembly approved March 3I, 1937, known as the 'Revenue Certificate Law of I937', as amended by the Act approved March I4, 1939, to construct and operate, or to extend or improve any such existing facility, and payable solely from revenue pro.. duced by such revenue-producing facilities, shall not be deemed debts of, or to create debts against, the issuing political sub-division within the meaning of this paragraph or any other of this Constitution. This proviso shall apply only to revenue anticipation obligations issued to provide funds for the construction, extension or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of I939; and no such issuing political sub-division of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof." Section 2. That when this amendment shall have been agreed to by two.. thirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their journals with the yeas and nays taken thereon and JOURNAL OF THE HOUSE, shall be published and submitted to the people for ratification or rejection at the next general election, as provided for by the Act of the General Assembly approved March 24, 1939 The previous question was ordered. The main question was ordered. The substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to. On the adoption of the resolution, the roll call was ordered, and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Bradbury Branch Bridges Brooks of Oglethorpe Bruce Bynum Caldwell Campbell Candler Chastain Culpepper Curry Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Easler Edwards Elliott Ennis, J. H. Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Guerry Hand Harden Hardman Hardy Harris Harrison Hartness Hatchett Herrin Hicks Hogg Holtzendorf Hooks Home Howard Hunnicutt Inglis Ingram Johnson of Pike Joiner Jones of Brantley Jones of Dodge Jones of Richmond Kea of Laurens Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper FRIDAY, MARCH 21, 1941 1 .1~7 Lovett Maddox Mankin Martin Mason Maund McClure McCracken Mcintosh McEntire Mills Mims Mixon Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Picett Pilcher Pinkston Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Roughton Rowland Russell Sabados Sheppard Sills Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Tappan Thompson Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Wilbanks Williams of Bacon Williams of Harris Williams of Ware Willoughby Woods Wren Wright Yawn Those not voting were Messrs.: Arnall Brinson Brooks of Mitchell Callaway Clements Connell Cowart Dallis Dunn Dupree Dyal Gross Hagan Hart Moate Heard Rogers Jackson Rossee Johnson of Chattahoochee Shannon Jones of Worth ,Swint Kaigler Taft Kelley Thigpen Mann Turner Mavity Whipple Maxwell Williams of Jackson McNall Witherington Miller Wohlwender By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 167, the nays o. The resolution having received the requisite twO-thirds constitutional majority was adopted. The following bill. of the House was taken up for the purpose of considering the Senate amendment thereto: JOURNAL OF THE HOUSE, By Messrs. Pickett of Pickens and Hagan of Screven- House Bill No. 377 A bill to be entitled an Act to require taxi-cab drivers to take a passenger to his desired destination; and for other purposes. The following Senate amendment to House Bill No. 377 was read: The Senate amends House Bill No. 377 be amended by adding thereto a section to be appropriately numbered and to read as follows: Upon a finding by the Georgia Department of Public Safety, after due notice of a hearing to the taxi-cab driver that such taxi-cab driver has, subsequent to the passage of this Act, violated any of the provisions of this Act, or upon conviction of a taxi-cab driver of violation of any provision of this Act, the chauffeur's license of said taxi-cab driver shall be automatically suspended for a period of six months. . That House Bill No. 377 be amended by adding thereto an appropriately numbered section which shall read as follows: There shall be no civil nor criminal liability imposed upon any person, firm or corporation (other than the person driving a taxi-cab) by virtue of the provisions of this Act, provided such person, firm, or corporation engaged in the business of operating for hire taxi-cabs within the corporate limits of any municipality of this State shall post, or cause to be posted, in each such taxi-cab so operated for hire a copy of this Bill or a notice setting forth with reasonable accuracy the substance of this Bill. ' Mr. Pickett of Pickens moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 124, the nays o. The following message was received from the Senate through Mr. Camp, 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. Evans of McDuffie, Blease of Brooks, Culpepper of Fayette, Lovett of Laurens, and Elliott of Muscogee- House Bill No. 685. A bill proposing to the qualified voters of the State of Georgia an amendment to the Act of the General Assembly of Georgia, by striking Section I from said Act and substituting in lieu thereof a new Section I providing for the publication of Constitutional amendments in only one newspaper in each Congressional district; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House, to-wit: FRIDAY, MARCH 21, 1941 1359 By Messrs. Bates of Ware, Deal of Bulloch, and others- House Bill No. 686. A bill to encourage physicians to practice medicine in small towns and rural communities which need them; and for other purposes. Under the order of business established by the Committee on Rules, the following bills and resolutions of the Senate were taken up for consideration and read the third time: By Senator Houston of the 51st District- Senate Resolution No. 52-192A. A resolution proposing an amendment to the Constitution of Georgia so as to provide that the successors of present and subsequent incumbents in the office of solicitor general shall be elected by the electors of their respective judicial circuits; and for other purposes. Mr. Pickett of Pickens moved the previous question. Mr. Harris of Richmond moved that the resolution be tabled, and the motion prevailed. The resolution was tabled. By Senator Houston of the 51st District- Senate Resolution No. 53-192B. A resolution proposing an amendment to the Constitution of Georgia so as to provide that the successors of present and subsequent incumbents in the office of Judge of the Superior Courts shall be elected by the electors of their respective circuits; and for other purposes. Mr. Harris of Richmond moved that the resolution be tabled, and the motion prevailed. The resolution was tabled. By Senator Drake of the 8th District- Senate Bill No. 101. A bill to be entitled an Act to amend Section 32-2205 so as to provide for county boards of education to employ teachers of trade and commerce and for other purposes. The previous question was ordered. 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 II7, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Drake of the 8th District- Senate Bill No. 102. A bill to be entitled an Act to amend Section 32-944 of the Code of Georgia of 1933 authorizing tax levying authorities and county board of 1360 JOURNAL OF THE HOUSE, education to levy taxes for extension work in agriculture and home economics, etc.; and for other purposes. Mr. Key of Jasper moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 129, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Hill of the 36th District- Senate Bill No. 72. A bill to be entitled an Act to amend an Act providing for the levy of a maintenance tax for state purposes on rolling stores; and for other purposes. The following Committee substitute was read: A BILL To be entitled an Act to amend "An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store, etc." (Georgia Laws, Extra Session, 1937-3S, pp. I So et seq.), by amending the title of said Act so as to authorize and limit the levy of a license tax by county authorities; and by reducing the State tax levied in said Act; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the Act of the General Assembly entitled "An Act to previde for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store, etc.", approved February I6, I93S (Georgia Laws, Extra Session I937-3S, pp. I So et seq.), be and the same is hereby amended in the following respects, to-wit: That the caption and title of said Act be and the same is hereby amended by inserting after the semi-colon appearing after the word "exemptions" in line 20 of the caption of said Act, the following words: "to authorize the Ordinary, the Commissioners of Roads and Revenues, or other county fiscal authorities having power to levy and assess taxes or license fees in the county, to levy and assess a limited license fee or tax on each rolling store operating within the county;" so that the title and caption of said Act of the General Assembly, approved February I6, I93S (Georgia Laws, Extra Session I937-3S, pp. ISO et seq.), when amended, will read as follows: "An Act to provide for the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; to define the terms 'rolling store' and 'motor vehicle' as used in this Act, to prescribe the amount of tax to be levied on each and every rolling store operated in this State; to provide that the tax levied by this Act shall be in addition to all other taxes levied under existing laws; to require the State Revenue Commission to collect the tax levied by this Act and upon payment thereof to issue permits to the persons making payment of such tax; to provide for the entorcement FRIDAY, MARCH 21, 1941 of this Act by the issuance of executions and for defense thereto; to provide that the operation of a rolling store in any county of the State without paying the tax shall be a misdemeanor and prescribe punishment therefor; to allocate and to appropriate the money arising from this tax to the Highway Department to be used for the purpose of constructing and maintaining the rural post roads under their jurisdiction; to prOvide for certain exemptions; to authorize the Ordinary, the Commissioners of Roads and Revenues, or other county fiscal authorities having power to levy and assess taxes or license fees in the county, to levy and assess a limited license fee or tax on each rolling store operating within the county; to repeal all conflicting laws; and for other purposes." SECTION 2. That Section I of said Act relating to the levying of taxes on rolling stores be and the same is hereby stricken in its entirety and a new Section 1 substituted in lieu thereof, to read as follows, tO-wit: "That in order to construct and maintain the rural post roads of this State, and to require those using said roads for the conduct of business to pay a portion of the cost of maintaining the same, there is hereby levied upon each motor vehicle used a!> a rolling store as hereinafter defined, from or at which goods, wares, merchandise or commodities of any kind or description are sold or offered for sale at retail, an annual license on the following basis: "Up to and including one and one-half (I Y:!) ton manufacturers rated capacity truck or passanger carrying vehicle not exceeding five passenger capacity, twentyfive ($25.00) dollars per year or any fraction thereof. "More than one and one-half (I Y:!) ton manufacturers rated capacity truck or passenger carrying vehicle, one hundred ($Ioo.oo) dollars per year or any fraction thereof. "Provided, however, that any county may levy a license tax upon each rolling store operating within the county levying the same, a license fee or tax not exceeding the tax prescribed by this Act for the State. It being the legislative intent that such counties may or may not levy such tax as herein provided at the discretion of the county authorities in each county. It is further provided that a trailer shall bear the same license as the unit drawing same." SECTION 3 Nothing contained in this amendment shall be construed to affect the exemption provided in Section 4 of the said Act of the General Assembly approved February I6, I9J8. SECTION 4 That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Mr. Grice of Bibb moved the previous question, the call was sustained and the main question ordered. The following amendment to the original bill was read and adopted: Mr. Lester of Richmond County moves to amend the Senate Bill No. 72 by striking Section 3, and substituting in lieu thereof, the following, the same to be known as Section J, tO-wit: JOURNAL OF THE HOUSE, )SECTION 3 There is expressly excluded from the provisions of this Act vehicles used exclusively for the sale or delivery of ice, coal, dairy products, including cheese and ice cream, soft drinks, malt beverages, furniture, house furnishings, petroleum and its products, tobacco and its products, farm products (farm products being sold by the producer himself), bread or other bakery products, nuts, potato chips, sandwiches, and meats derived from animal products. The following amendment to the substitute was read and adopted: Mr. Lester of Richmond County moves to amend the Committee Substitute for Senate Bill No. 72 by striking Section 3 of said Committee Substitute, and substituting in lieu thereof, the following, the same to be known as Section 3, ta-wit: SECTION 3 There is expressly excluded from the provisions of this Act vehicles used exclusively for the sale or delivery of ice, coal, dairy products, including cheese and ice cream, soft drinks, malt beverages, furniture, house furnishings, petroleum and its products, tobacco and its products, farm products (farm products being sold by the producer himself), bread or other bakery products, nuts, potato chips, sandwiches, and meats derived from animal products. Mr. Jones of Brantley moved that the bill be tabled, and the motion was lost. The following amendment to the substitute was read and adopted: Messrs. Drinkard of Lincoln, Forrester of Dade, and Barlow of Colquitt move to amend the Committee Substitute for Senate Bill No. 72 by striking the first two paragraphs on Page 3 and substituting in lieu thereof, the following, to-wit: One-half ton manfacturers rated capacity truck or passenger carrying vehicle not exceeding five passenger capacity, twelve dollars and fifty cents ($I2.5o) per year or any fraction thereof. More than one-half ton manufacturers rated capacity truck and not exceeding one and one-half (I :J1) ton manufacturers rated capacity truck twenty-five ($25.00) dollars per year or any fraction thereof. In excess of one and one-half (I :J1) ton manufacturers rated capacity truck one hundred ($Ioo.oo) dollars or any fraction thereof. The substitute, as amended, was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended. On the passage of the bill, by substitute, as amended, the ayes were IJO, the nays 6. The bill having received the requisite constitutional majority was passed, by substitute, as amended. The following bill of the House was taken up for the purpose of considering the Senate substitute thereto: FRIDAY, MARCH 2I, I94I By Messrs. Evans of McDuffie, Blease of Brooks, Culpepper of Fayette, Lovett of Laurens, and Elliott of Muscogee- House Bill No. 685. A bill to be entitled an Act to amend the Constitution of Georgia so as to provide that Amendments to the Constitution shall be published in one newspaper in each Congressional District; and for other purposes. The following Senate substitute to House Bill No. 685 was read: A BILL To be entitled an Act to Amend an Act affecting Article IJ, Section I, Paragraph I of the Constitution of Georgia in providing to eliminate the necessity of publishing the full text of a proposed Amendment to the Constitution in one or more newspapers in each Congressional District, and substitute therefor a provision requiring the publication of a summary of each proposed amendment to the Constitution in certain newspapers, and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That Section 2-8601 of the Constitution of the State of Georgia be amended by deleting the words: " ... in one or more newspapers in each Congress_ional ~!strict, for two months previous to the time of holding the next general elect1on ... Section 2. That the following words be added to take the place of the words deleted by Section I: " ... in a summary not to exceed two hundred (2oo) words, in all English newspapers of general circulation in the State of Ga., which are published as often as once a week and which have been published for two or more years, or are the direct successor of newspapers meeting these requirements, for four times previous to the time of holding the next general election ..." Section 3 That Section 2-86oi of the Constitution of Georgia shall now read as follows: "Any Amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives and if the same shall be agreed to by twa-thirds of the members elected to each of the two houses, such amendment or amendments shall be entered on their journals, with the yeas and nays thereon, and the General Assembly shall cause such amendment or amendments to be published in a summary not to exceed two hundred (200) words, in all English newspapers of general circulation in the State of Georgia, which are published as often as once a week and which have been published for two or more years, or are the direct successor of newspapers, for four times previous to the time of holding the next general election, and shall also provide for a submission of such proposed amendment or amendments to the people at said next general election, and if the people shall ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, such amendment or amendments, shall become a part of the Constitution. When more than one amendment is submitted at the same time they shall be submitted so as to enable the electors to vote on each amendment separately." Section 4 When this amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses, and shall have been entered on their JOURNAL OF THE HOUSE, Journals with the "Yeas" and "Nays" taken thereon, it shall be published and submitted to the people, and the returns and declaration of the result shall be made, in the manner provided by the Act approved March 24, 1939 (Ga. Laws 1939, pages J05-30J). Mr. Sabados of Dougherty moved that the House disagree to the Senate substitute, and the motion prevailed. Mr. Sabados of Dougherty moved that a Conference Committee be appointed on the part of the House to confer with a like Committee on the part of the Senate on~House Bill No. 685, and the motion prevailed. The Speaker appointed as a Conference Committee on the part of the House on House Bill No. 68 5 the following members of the House, to-wit: . Messrs. Sabados of Dougherty, Hand of Mitchell, and Lovett of Laurens. The following bill of the House was taken up for the purpose of appointing a Conference Committee thereon: By Mr. Lester of Richmond- House Bill No. 21 5 A bill to be entitled an Act to amend an Act providing how liens are declared and created; and for other purposes. The Speaker appointed as a Conference ~ommittee on House Bill No. 215 the following members of the House, ta-wit: Messrs. Lester of Richmond, Harris of Richmond, and Weaver of Bibb. Mr. Culpepper of Fayette moved that the House do now adjourn until tomorrow morning at 1o:oo o'clock, and the motion prevailed. Leave of absence was granted Mr. Kaigler of Quitman. The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock. SATURDAY, MARCH :2:2, 1941 Representative Hall, Atlanta, Georgia, Saturday, March :2:2, 1941. The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker and opened with prayer by the Chaplain. The roll was called and the following members answered to their names: Adams Aiken Allison Anderson Anglin Ansley Arnall Atkinson Aultman Barber Barlow Bates Bennett Bentley Blackshear Blease Bloodworth Bowen Boone Branch Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Brnum Caldwell Callaway Campbell Candler Chastain Connell Cowart Culpepper CUITY Dallis Dalton Daves Davis Deal Dean Dorsey Drake Drinkard Dunaway Dunn Dupree Dya1 Easler Edwards Elliott Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Fuller Gaston Gavin Gill Gillis Goddard Goolsby Gowen Graham Gray Grayson Greene Grice Griffin Gro~s Guerry Hand Harden Hardman Hardy Harris Harrison Hartness Hatchett Heard Herrin Hicks Holtzendorf Hooks Horne Howard Hunnicutt Inglis Ingram Jackson Johnson of Chattahoochee Johnson of Pike Joiner Jones of Brantley Jones of Richmond Jones of Worth Kaigler Kea of Laurens Kendrick Kennedy Key of Jasper Lester Lewis Livingston Looper Lovett Maddox Mankin Mann Martin Mason Maund Mavity McClure McCracken Mcintosh McEntire 1366 JOURNAL OF THE HOUSE, McNall Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Moss Musgrove Pannell Parker Pettit Phillips Pickett Pilcher Pinkston Pittman Price Rees Reiser Rich Richardson Roberts of Gwinnett Roberts of Walton Rossee Roughton Rowland Russell Sabados Sheppard Simmons Smiley Smith of Barrow Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Strickland Suggs Swint Thigpen Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wells of Telfair Welsch Wetherbee Whipple Wilbanks Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Woods Wren Yawn Mr. Speaker Mr. Gray of Houston, 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 period of unanimous consents: 1. Third reading and passage of local uncontested Senate bills and resolutions. The following report of the Committee on Rules was submitted and read: Mr. Speaker: REPORT OF COMMITTEE ON RULES Your Committee on Rules having had under consideration the matter of fixing a calendar for Saturday, March 22, 1941, submits the following report: Your Committee recommends that the following bills and resolutions be set as a special and continuing order of business for said session: 1. Senate Resolution No. 61-21gA. Removing names from public buildings. 2. Senate Bill No. 148. Regulating Certain types of insurance. 3 Senate Bill No. 122. Obscene Literature. 4 Senate Bill No. 226. Amend Banking Law. SATURDAY, MARCH 22, I94I 5 Senate Bill No. I 58. Tax Shrimp Industry. 6. Senate Bill No. 2I4. Construction of Airports by Municipalities. 7 Senate Bill No. 68. Amend Quail Law. 8. Senate Bill No. 110. Reduce Superior Court Clerk'_s Bond. 9 IO. Senate Bill No. I04. Real Estate Commission. II. Senate Bill No. 75 Sunday Movies. I2. Senate Resolution No. 38-I37A. Subsistence Members General Assembly. I3. Senate Resolution No. 68-228. Creating five-man Commission for Con- servation. I4. Senate Bill No. 208. County School Clerk. I5 Senate Bill No. I76. Peanut hauling bill. I6. Senate Bill No. 69. Standardization of County Audits. I7. Senate Bill No. IJ4 Returns of Executors and Trustees. I8. Senate Bill No. I8. Auditing. I9. Senate Resolution No. 59-210B. Defer army service for dental students. 20. Senate Bill No. I88. Temporary Fish License for Visitors. 2I. Senate Bill No. 200. Highway Patrol. 22. Senate Bill No. 2I 1. Teachers' Pay. 23. Senate Bill No. 74 Amend Wine Law. 24. Senate Bill No. 95 Abolishing fee system Pataula Circuit. 25. Senate Bill No. I I 1. Ellis Health Law. 26. Senate Bill No. I07. Amend year's support law. 27. Senate Bill No. I37 Adult Illiteracy. 28. Senate Bill No. I38. Adult Illiteracy. 29. Senate Bill No. 87. Authorizing School Departments to accept grants. 30. Senate Bill No. 2I8. Standardizing Weights and Measures. 31. Senate Bill No. 117. Certified Public Accountants. 32. Senate Bill No. 94 Prohibiting illegal cutting of timber. 33 Senate Resolution No. 43-144A. Wilkes County Bonds. 1368 JOURNAL OF THE HOUSE, 34 Senate Bill No. I 12. Constitutional Amendment refund bonds. 35 Senate Bill No. 126. Permissible Sidewalk Bill. 36. Senate Bill No. 151. Burial of Confederate Veterans. 37 Senate Bill No. 149. School Te~chers Law. 38. Senate Bill No. 39 Women service on jury. 39 Senate Bill No. 88. Changmg time on insurance premiums. Respectfully submitted, Culpepper of Fayette, Vice-Chairman. Mr. Fowler of Douglas moved that the House reconsider its act>n in failing to pass the following bill of the Senate: By Senator Edenfield of the 4th District- Senate Bill No. 172. A bill to be entitled an Act relating to the distribution ot motion picture films, providing terms and conditions of licensing the same, and providing penalties for violation of this Act; and for other purposes. On the motion to reconsider, Mr. Fowler of Douglas moved the ayes and nays, and the call was sustained. The roll was called and the vote was as follows: Those voting in the affirmative were Messrs.: Anderson -Atkinson Aultman Barber Bates Blackshear Boone Branch Brinson Brooks of Mitchell Bruce Chastain Curry Dallis Davis Dean Dorsey Dunaway Dupree Ford Foster of Paulding Roberts of Walton Fowler Rowland Hand Russell Hicks Sabados Hogg Sheppard Hunnicutt Smith of Carroll Ingram Smith of Hall Johnson of Chattahoochee Smitha Kaigler Suggs Kea of Laurens Thompson Key of Jasper Wells of Clayton Livingston Whipple Looper Wilbanks Lovett Williams of Harris Maddox Williams of Ware Mann Willoughby Mason Witherington Mcintosh Woods Price Wright Richardson Yawn SATURDAY, MARCH 22, 1941 IJ09 Those voting in the negative were Messrs.: Aiken Anglin Bowen Bridges Bynum Candler Connell Cowart Culpepper Deal Drake Etheridge Fuller Gaston Gavin Gill Goolsby Graham Griffin Gross Guerry Harden Hardman Hardy Harris Harrison Hatchett Herrin Holtzendorf Howard Inglis Jackson Johnson of Pike Joiner Jones of Richmond Kelley Kendrick Kennedy Lester Martin McClure McCracken McEntire McNall Mills Mims Those not voting were Messrs.: Adams Allison Ansley Arnall Barlow Bennett Bentley Blease Bloodworth Bradbury Brooks of Oglethorpe Caldwell Callaway Campbell Clements Dalton Daves Drinkard Dunn Dyal Easler Edwards Elliott Ennis, J. H. Ennis, Marion Ferguson of Camden Ferguson of Sumter Forrester Foster of Towns Gillis Goddard Gowen Gray Grayson Greene Grice Hagan Hart Hartness Heard Hooks Home Mixon Musgrove Pettit Pilcher Pinkston Pittman Rees Rich Roughton Simmons Smiley Smith of Schley Smith of Washington Swint Turner Vickers Warnock Weaver Wells of Burke Wells of Telfair Williams of Jackson Wren Jones of Brantley Jones of Dodge Jones of Worth Lewis Mankin Maund Mavity Maxwell Miller Moate Moore of Lumpkin Moore of Taliaferro Moss Pannell Parker Phillips Pickett Reiser Roberts of Gwinnett Rogers Rossee Shannon 1370 JOURNAL OF THE HOUSE, Sills Smith of Barrow Southwell Strickland Taft Tappan Thigpen Walker Welsch Wetherbee Williams of Bacon Wohlwender By unanimous consent, the verification of the roll call was dispensed with. On the motion to reconsider, the ayes were 6o, the nays 68. The motion to reconsider 'was lost. Under the order of business established by the Committee on Rules, the following bills and resolutions of the Senate were taken up for consideration and read the third time: By Senator Franklin of the 38th District- Senate Resolution No. 61-2I9A. A resolution directing the State Hospital authority to remove from public view the names of E. D. Rivers from building No. 5 Ellis G. Arnall from building No. I; R. H. Freeman, Jr. from building No.2; S. W. Howell from building No.3; and Ivan Allen, Jr., from building No.4; from certain state buildings; and for other purposes. Mr. Gill of Bryan moved that the resolution be tabled. On the motion to table, Mr. Lovett of Laurens moved the ayes and nays, and the call was not sustained. On the motion to table, the ayes were 85, the nays I8. The resolution was tabled. By Senators Coker of the 39th and Cannon of the 40th Districts- Senate Bill No. I48. A bill to be entitled an Act to repeal Sections 3 and 4 of an Act authorizing any fraternal benefit society to issue benefit certificates to its members; and for other purposes. Mr. Mims of Miller moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I 10, the nays o. The bill having received the requisite constitutional majority was passed. By Senators Campbell of the 34th and Couch of the 52nd Districts- Senate Bill No. I22. A bill to be entitled an Act to amend Section 26-63oi of the Code so as to include possession, lending, or transportation of any indecent o~ obscene pictures or literature or articles of indecent or obscene use; and for other purposes. The following committee substitute to Senate Bill No. I22 was read: SATURDAY, MARCH 22, 1941 1371 A BILL To be entitled: An Act to amend Section 26-6301 of the Code of 1933 so as to include the possession, lending or transportation of any indecent or obscene pictures or literature, or articles of indecent and obscene use, among the acts prohibited and penalized by said section; and for other purposes. Section r. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 26-6301 of the Code of 1933 be and the same is hereby amended by inserting in the third line thereof, between the words "shall" and "give", the words "lend or"; and in the third line thereof, between the words "to" and "give", the words "lend or"; and in the third line thereof, between the words "or" and "having", the words "who shall possess or"; and in the eighth line thereof, between the words "use" and "or" the words "or any book, pamphlet, magazine, newspaper or other printed paper devoted to the publication, and principally made up of pictures or stories of deeds of lust"; and in the eleventh line thereof, between the words "shall" and "be" the words "upon conviction"; and by adding, at the end of said Section, the following paragraph, to-wit: "Any person who deposits, or causes to be deposited, in any post office, within the State, or places in charge of an express company, or of a common carrier, or other person, for transportation, or for any purpose save the destruction thereof, any of the articles or things specified in Section 26-6301, as amended, or any circular, book, pamphlet, advertisement, or notice relating thereto, with the intent of having the same conveyed by mail or express, or in any other manner, except in the United States mail, shall, upon conviction, be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury, said offense may be punished as for a misdemeanor"; and by adding, at the end of the above and foregoing paragraph, the following paragraph, to-wit: "Nothing in this Act shall be construed to alter or repeal Section 26-6301 of the Code of 1933 relating to "Sale, etc., of obscene pictures". The General Assembly of the State of Georgia hereby expresses its intention that said Section shall stand and continue as the law of the State of Georgia, and that the present enactment shall only be supplementary thereto, so that said Section, when so amended, shall read as follows: "Section 26-6301. (385 P. C.) Sale, etc., of obscene pictures. Any person who shall bring, or cause to be brought, into this State for sale or exhibition, or shall sell or offer to sell, or shall lend or give away or offer to lend or give away, or who shall possess or having possession thereof, shall knowingly exhibit to another any indecent pictorial newspaper tending to debauch the morals, or any indecent or obscene book, pamphlet, magazine, newspaper or other printed paper devoted to the publication, and principally made up of pictures or stories of deeds of lust, or shall advertise any of said articles or things for sale, by any form of notice, printed, written, or verbal, or shall manufacture, draw, or print any of said articles, with intent to sell or expose or to circulate the same, shall, upon conviction, be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury, said offense may be punished as for a misdemeanor. 1372 JOURNAL OF THE HOUSE, Any person who deposits, or causes to be deposited, in any post office, within the State, or places in char~e of an express company, or of a common carrier, or other person, for transportation, or for any purpose save the destroction thereof, any of the articles or things specified in Section 26-6301, as amended, or any circular, book, pamphlet, advertisement, or notice relating thereto, with the intent to having the same conveyed by mail or express, or in any other manner, or who knowingly or wilfully receives the same, with intent to carry or convey, or knowingly or wilfully carries or conveys the same by express, or in any other manner, except in the United States mail, shall, upon conviction, be punished by confinement arrd labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury, said offense may be punished as for a misdemeanor. Nothing in this Act shall be construed to alter or repeal Section 26-6301 of the Code of 1933 relating to 'Sale, etc., of obscene pictures'. The General Assembly of the State of Georgia hereby expresses its intention that said Section shall stand and continue as the law of the State of Georgia, and that the present enactment shall only be supplementary thereto." Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Mr. Sabados of Dougherty moved the previous question, the call was sustained and the main question ordered. The committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to. On the passage of the bill, by substitute, the ayes were 115, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By Senators Edenfield of the 4th, Guyton of the 1st, and Coxon of tht; 2nd Districts- Senate Bill No. 158. A bill to be entitled an Act to amend Section 45~812 of the Code, and to amend the Act relating to the taxation of distributors or dealers in oysters, shrimp, prawn or crab; and for other purposes. Mr. Gross of Stephens moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 124, the nays o. The bill having received the requisite constitutional majority was ~ssed. By Senator Smith of the 24th DistrictSenate Bill No. 214. A bill to be entitled an Act to amend an Act providing for SATURDAY, MARCH 22, 1941 1373 the acquisition, construction, operation and regulation of airports. and other navigation facilities; and for other purposes. Mr. Bloodworth of Bibb moved the previous question, the call was sustained an,d the main question order~d. The report 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 o. The bill having received the requisite constitutional majority was passed. The following resolution of the House was read and adopted: By Messrs. Dyal of Appling, Drake of Seminole, Willoughby of Clinch, Mims of Miller, Adams of Wheeler, Smiley of Liberty, Mills of Decatur, Gill of Bryan, and Howard of Long- House Resolution No. 178. A RESOLUTION WHEREAS under present world economic conditions the markets for agricultural and naval store products are highly restricted due to export limitations brought about as the result of the present war; and WHEREAS it is highly desirable that parity payments on all agricultural and naval store products be increased in order to offset the limited market facilities and demands for the same, and to insure the continued production thereof at a profit to the farmers and naval store operators of this State and throughout the South; and WHEREAS under the operation of the present acts providing for parity payments and loans on farm produce and naval store products large surpluses of the same, especially surpluses of pure gum spirits and pure gum rosin have accumulated in the warehouses and storage places of the South and nation, which surpluses seriously affect prices on such products and tend to keep the market depressed; NOW THEREFORE BE IT RESOLVED by the House of Representatives that we do hereby recommend and request that the members in the National Congress from Georgia prepare, sponsor and have enacted by the National Congress all legislation necessary to raise and increase the parity payments and loan value on pure gum spirits of turpentine and pure gum rosin; and that legislation be enacted, if such is necessary, to provide for the reduction of the surpluses of such products now on hand in the warehouses and storage places of this nation due to previous parity payments or loans, by providing for the use of pure gum spirits in national defense projects, such as the use of same for disfectants in the army camps and latrines and in the public buildings of the United States; that the members of National Congress use their influence with the national defense committees, the office of production management and other official bodies charged with preparation for national defense to increase the use of pure gum spirits and pure gum rosin in the national defense prOgram in every way possible where such products can be used as effectively and as economically as other competing products, to the end that the surpluses of such products now on hand as aforesaid may be reduced or entirely consumed. 1374 JOURNAL OF THE HOUSE, BE IT FURTHER RESOLVED that the clerk of this House is herebv authorized and directed to forward a copy of this Resolution duly inscribed by the 'officers of this House to each Congressman from Georgia, and to each Senator from Georgia, with the request that the recommendations herein made shall be carried out by said members. Under the order of business established by the Committee on Rules, the following bills and resolutions of the Senate were taken up for consideration and read the third time: By Senators Whaley of the 45th and Martin of the 3rd Districts- Senate Bill No. 68. A bill to he entitled an Act to amend Section 45-308 of the Code providing for a different date for the commencement of open season for the hunting of game in certain territory of this state; and for other purposes. The following substitute to Senate Bill No. 68 was read: By Messrs. Gowen of Glynn, Gill of Bryan, Grayson of Chatham, Ferguson of Sumter, Dyal of Appling and Deal of Bulloch, and others- A BILL To be entitled an Act to amend Section 45-308 of the Code of Georgia of 1933 relating to the lawful open season for hunting game birds and animals in this State by providing that the open season for hunting Bobwhite quail in this State shall be uniform in every county of this State; 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 I. Section 45-308 of the Code of Georgia of 1933 as it is now amended, relating to the lawful open season for hunting game birds and animals in this State be, and the same is hereby amended by adding after the words Bobwhite quail, Nov. 20 to M~~ch 1, inclusive, the words "which shall be uniform in every county of this State. Section 2. This Act shall operate to repeal so much of the Act approved March 24, 1939, providing for a different date for the commencement of open season for the hunting of game in certain territory in this State, as may be in conflict herewith, hut the other provisions of the said Act not in conflict herewith shall remain of futl force and effect. Section 3 That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. The previous question was ordered. The main question was ordered. The substitute was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute. SATURDAY, MARCH 22, I94I IJ75 On the passage of the bill, by substitute, the ayes were 134, the nays o. The bill having received the requisite constitutional majority was passed, by substitute. By Senator Harrison of the 2Jrd District- Senate Bill No. I 10. A bill to be entitled an Act to amend Section 24-2713 of the Code relating to the bond required of clerks of the Superior Courts by providing that the amount of said bond may be changed by local acts; and for other purposes. Mr. Sabados of Dougherty moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 122, the nay_s I. The bill having received the requisite constitutional majority was passed. By Senators Smith of the 24th and Couch of the pnd Districts- Senate Bill No. 104. A bill to be entitled an Act to amend Section 84-1404 of the Code relating to the creation of the Georgia Real Estate Commission; and for other purposes. Mrs. Mankin of Fulton moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 140, the nays o. The bill having received the requisite constitutional majority was passed. By Senators Odum of the 9th. Campbell of the 34th, and Couch of the pnd Districts- Senate Bill No. 75 A bill to be entitled an Act to permit the operation of motion picture theatres on Sunday; and for other purposes. The bill was tabled. The following message was received from the Senate through Mr. Camp, 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. Grice of Bibb and Elliott of MuscogeeHouse Resolution No. I6-45A. A_ resolution to provide for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of the State; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Ferguson and Suggs of Sumter- House Resolution No. 57-307D. A resolution to name and designate the DeSoto Trail i,n Georgia; and for other purposes. By_ Messrs. Drinkard of Lincoln, Evans of McDuffie, Pannell of Murray, Boone of Wilkinson, and Blease ot Brooks- House Resolution No. 59-326B. A resolution to memorialize the National Congress to authorize and direct the Postmaster General of the United States to have printed and issued a stamp bearing the likeness of Thomas E. Watson; and for other purposes. By Mr. Lovett of Laurens- House Resolution No. 162. A resolution to authorize the Motor Vehicle Unit to make reciprocal agreements in regard to licenses for automobiles of draftees; and for other purposes. By Mr. Ferguson of Camden- House Resolution No. 167. A resolution to extend fishing and hunting rights to non-resident soldiers encamped in the State of Georgia. By Messrs. Grice, Bloodworth, and Weaver of Bibb- House Bill No. 73 A bill to ratify, approve and confirm an executive order and proclamation issued by the Governor on April 5th, 1940, suspending the collection of certain taxes; and for other purposes. By Mr. Mixon of Irwin- House Bill No. 81. A bill to amend the Code relative to absentee ballots; and for other purposes. By Messrs. Barber and Barlow of Colquitt- House Bill No. 83. A bill to amend the Code relating to architects; and for other purposes. By Messrs. Thompson and Hatchett of Meriwether- Hause Bill No. 121. A bill prohibiting any architect, landscape architect, engineer, contractor, sub-contractor, or other person, with the intent to defraud, using the proceeds of any payment made on account of improvement of real property for any other purpose than to pay for labor of services performed or material furnished; to provide penalty for violation; and for other purposes. By Messrs. Elliott of Muscogee; Greene of Jones; Mavity of Walker; MeNall of Chattham, and Connell of Lowndes- House Bill No. 126. A bill to amend an Act approved March 30, 1937 entitled An Act to declare an emergency concerning the production, distribution; and for other purposes. SATURDAY, MARCH 22, 1941 1377 By Mr. Sills of Candler- House Bill No. 155 A bill to provide for the sale and distribution of hunting and fishing licenses by the ordinaries of the various counties of this State; and for other purposes. By Messrs. Davis of Coweta, Bynum of Rabun, Greene of Jones, and others- House Bill No. 237. A bill to empower and direct the Conservation Department to perform such Acts as may be necessary to the establishment of cO-Operative wild life restoration projects between the State and the United States Department of Agriculture; and for other purposes. By Mr. Shannon of Twiggs- Hause Bill No. 302. A bill to amend "An Act to amend the banking law as codified in Title 13, Section 13-901, Paragraph 3 of the Code;" and for other purposes. By Mrs. Guerry of Macon- House Bill No. 304. A bill to amend Section 32-1503 of the Code, so as to strike from the sixth subdivision thereof the words, "first Friday in December," and insert in lieu thereof the words, "third Friday in February." By Mr. Pannell of Murray- House Bill N.o. 315. A bill to amend Section 32-1402 of the Code, relating to "proceeds of school bonds, how held and used"; and for other purposes. By Messrs. Rogers of Floyd, Gowen of Glynn, Ferguson of Camden, and Ferguson of Sumter-- House Bill No. 411. A bill to a_uthorize the State Highway Board to construct and maintain airports, landing fields and other air navigation facilities, and to use the right of eminent domain in connection therewith; to provide for an Aeronautic Board; and for other purposes. By Messrs. Evans of McDuffie, Elliott of Muscogee, and others- House Bill No. 593 A bill to restrict and limit the jurisdiction of the State Board of Tax Appeals created and provided for by Ch~pter 3 of the Act approved January 3rd, 1938, reorganizing the administration of the revenue laws of Georgia; to provide the disposition of cases, matters and controversies now pending before the State Board of Tax Appeals; and for other purposes. By Messrs. Hand and Brooks of Mitchell- House Bill No. 671. A bill to provide for the destruction of unsold bonds issued by counties, municipal corporations or political subdivisions of this State; and for other purposes. By Messrs. Ferguson and Suggs of Sumter- House Bill No. 719. A bill to create a new Charter for Andersonville in the County of Sumter; and for other purposes. JOURNAL OF THE HOUSE, By Messrs. Barber and Barlow of Colquitt- House Bill No. 749 A bill to amend an Act of 1939, Ga. Laws 1939, page 1010, known as an Act to amend an Act of 1922 for the City of Doerun in Colquitt County, Georgia; and for other purposes. By Mr. Gowen of Glynn- House Bill No. 751. A bill to define the limits of the Port and Harbor of Brunswick, and to authorize the City of Brunswick and the Commissioners of Roads and Revenues for Glynn County, Ga., to adopt rules and regulations for the control and policing of such limits; and for other purposes. By Messrs. Maddox, Rogers and Hicks of Floyd- House Bill No. 756. A bill to amend an Act entitled an Act to create a new Charter for the City of Rome; and for other purposes. By Messrs. Candler, Dunaway and Turner of DeKalb- House Bill No. 352. A bill to amend an Act approved March 18, 1937 entitled an Act to provide for certain powers to make traffic regulations in counties having a population of 200,000 or more by the 1930 census, or any future census; and for other purposes. By Messrs. Dunaway of DeKalb, Turner and Candler of DeKalb- House Bill No. 354 A bill to provide for Compensation of Jury Commissioners and their clerks; and for other purposes. By Mrs. Mankin, Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 554 A bill to amend an Act giving all counties in this State having a population of 100,000 or more the right to establish and maintain law libraries; and for other purposes. By Mr. Dupree of Pulaski- House Bill No. 583. A bill to authorize the Clerks of the Superior Courts to make official bonds with incorporated fidelity company as surety thereon; and for other purposes. By Messrs. Dunaway of DeKalb, Grice and Bloodworth of Bibb- House Bill No. 605. A bill to regulate activities in regard to the solicitation of votes in counties having a certain population according to census; and for other purposes. By Messrs. Elliott and Wohlwender of Muscogee- House Bill No. 659. A bill to authorize the Commissioner of Roads and Revenues, or other governing authority, having a certain population according to 1940 census, to contract for group insurance for the benefit of county officers and employees; and for other purposes. SATURDAY, MARCH 22, 1941 1379 By Mrs. Mankin, Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 674. A bill providing for pensions for County Employees of Fulton County; and for other purposes. By Messrs. Price and Hunnicutt of Clarke- House Bill No. 701. A bill to amend an Act to consolidate the Clarke County Board of Health and the Board of Health of the City of Athens; and for other purposes. By Messrs. Barber and Barlow of Colquitt- House Bill No. 703. A bill to amend the Act creating the City Court of Colquitt County, approved August 7, 1931, and to amend the Act amending said Act approved March 24, 1939, prescribing the term of office for the Judge and Solicitor of said Court; and for other purposes. By Mr. Hagan of Screven County- House Bill No. 721. A bill to fix the compensation of the County Treasurer of Screven County, Georgia; and for other purposes. By Mr. Griffin of Wilkes- House Bill No. 732. A bill to establish the City Court of Washington in and for the County of Wilkes; and for other purposes. By Mr. Wells ofTelfair- House Bill No. 733 A bill to amend and consolidate the several Acts incorporating the Town of Milan in the Counties of Telfair and Dodge; and for other purposes. By Mr. Wells of Clayton- House Bill No. 735 A bill to amend an Act amending the Act creating the Board of Commissioners of Roads and Revenue of Clayton County; and for other purposes. By Messrs. Parker and Roberts of Walton- House Bill No. 746. A bill to amend the Charter of the City of Social Circle in the County of Walton; and for other purposes. The following message was received from the Senate through Mr. Camp, 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 Mr. Richardson of Hart- . House Bill No. 679. A bill to provide additional compensation for the official 1380 JOURNAL OF THE HOUSE, stenographic reporter of Superior Courts of judicial circuits in the State of Georgia having a population in said circuits of not more than 76,610 and not less than 76,6oo; and for other purposes. By Mr. Rich of Union- House Bill No. 723. A bill to repeal and supersede the several Acts incorporat~ ing the Town of Blairsville; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has concurred in the House amendments to the following bill of the Senate, tO-wit: By Senator Guyton of theIst District- Senate Bill No. 173 A bill to provide for the identification of the voters in all primary elections and elections by ballot within this State; and for other purposes. The Senate has concurred in the House substitute to the following resolution of the Senate, tO-wit: By Senators Clark of the 44th, Fortson of the 5oth Districts, and others- Senate Resolution No. 42-140C. A resolution amending the Constitution by providing that the Revenue Anticipation Obligations shall not be deemed debts of or to create debts against the political sub-division issuing such obligations; and for other purposes. The President has named a Conference Committee to consider the following bill of the House, tO-wit: By Mr. Witherington of WilcoxHouse Bill No. 265. A bill to abolish the offices of Tax Collector and Tax Re- ceiver of Wilcox County, etc.; and for other purposes. The Conference Committee on part of the Senate is Senator Holt of the 48th, Senator Hamilton of the 42nd, and Senator Whaley of the 45th. The Senate insists upon its amendment to the following bill of the House, tO-wit: By Messrs. Livingston of Polk, and Dallis of TroupHouse Bill No. 201. A bill to repeal the Act to regulate the practice of Chiro- practic; and for other purposes. The President has named as a Conference Committee on the part of the Senate to consider the above bill: Senators Coker of the 39th, Cannon of the 40th, and Campbell of the 34th: The following message was received from the Senate through Mr. Camp, the Secretary thereof: SATURDAY, MARCH 22, 1941 IJ8I Mr. Speaker: The Senate has adopted the report of the Conference Committee on the following bill of the House, ta-wit: By Mr. Witherington of Wilcox- House Bill No. 265. A bill to abolish the office of Tax Collector and Tax Receiver of Wilcox County, etc.; and for other purposes. The Senate insists upon its amendments to the following bill of the House, tO-wit: By Mr. Lester of Richmond- House Bill No. 215. A bill to amend the Code of Georgia providing how liens are made and declared; and for other purposes. The President has appointed as the Conference Committee on the part of the Senate to act with a like committee on the part of the House in considering the above bill: Senators Houston of the 51st, Lanier of the 18th, and Campbell of the 34th. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following bills and resolutions of the House, ta-wit: By Mr. Taft of Atkinson- House Bill No. 653. A bill to repeal an Act entitled "An Act to create the office of Commissioner of roads and revenues of Atkinson County"; and for other purposes. By Mr. Taft of Atkinson- House Bill No. 654. A bill to create a board of Commissioners of Roads and Revenues for Atkinson County; and for other purposes. By Messrs. Lester, Harris and Jones of Richmond, Gowen of Glynn, and Wetherbee of Dougherty- House Bill No. 439 A bill to amend title 92 ("Public Revenues"), division 1 ("Sources of Revenue"), of the Code of Georgia; and for other purposes. Under the order of business established by the Committee on Rules, the following Resolution of the Senate was taken up for consideration and read the third time: By Senator Drake of the 8th District- Senate Resolution No. 38-137A. A resolution to amend the Constitution of Georgia so as to provide $3.00 per day to each member of the General Assembly as subsistence; and for other purposes. JOURNAL OF THE HOUSE, Mr. Hand of Mitchell moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. The roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams Aiken Allison Anderson Anglin Ansley Bates Bennett Bentley Bloodworth Branch Brinson Brooks of Mitchell Bruce Caldwell Campbell Candler Cowart Deal Drake Dunaway Dunn Dyal Easler Edwards Ennis, Marion Etheridge Ferguson of Camden Foster of Towns Fuller Looper Gavin Maddox Gillis Mankin Goddard Martin Goolsby Maund Gowen Mavity Gray McClure Greene McCracken Grice McNall Griffin Miller Hardman Mims Harris Moore of Taliaferro Harrison Musgrove Hatchett Pilcher Hicks Price Holtzendorf Rich Horne Roberts of Gwinnett Hunnicutt Roberts of Walton Jackson Rowland Johnson of Chattahoochee Sabados Joiner Southwell Jones of Brantley Thigpen Jones of Richmond Turner Kaigler Weaver Kendrick Wells of Clayton Kennedy Wells of Telfair Key of Jasper Wilbanks Lester Williams of Ware Livingston Yawn Those voting in the negative were Messrs.: Arnall Atkinson Aultman Barber Barlow Blackshear Blease Boone Bridges Brooks of Oglethorpe Bynum Callaway Chastain Curry Dallis Dalton Daves Davis Dean Dorsey Drinkard Dupree Elliott Ford SATURDAY, MARCH 22, 1941 1383 Forrester Foster of Paulding Gaston Graham Guerry Hand Harden Hartness Heard Hooks Howard Inglis Ingram Johnson of Pike Jones of Worth Kea of Laurens Lewis Lovett Mason Mcintosh McEntire Mms Mixon Moore of Lumpkin Moss Pannell Pettit Pinkston Pittman Rees Richardson Rossee Roughton Russell Sheppard Simmons Smiley Smith of Barrow Those not voting were Messrs.: Bowen Bradbury Clements Connell Culpepper Ennis, J.H. Ferguson of Sumter Fowler Gill Grayson Gross Hagan Hardy Hart Herrin Hogg Jones of Dodge Kelley Mann Maxwell Moate Parker Phillips Pickett Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Strickland Suggs Swint Thompson Vickers Walker Wells of Burke Welsch Wetherbee Whipple Williams of Harris Williams of Jackson Willoughby Witherington Wren Reiser Rogers Shannon Sills Smitha Taft Tappan Warnock Williams of Bacon Woblwender Woods Wright By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 89, the nays 81. The resolution having failed to receive the requisite two-thirds constitutional majority was lost. The following bills of the House were taken up for the purpose of considering the Senate amendments thereto: By Messrs. Lester, Harris and Jones of Richmond- House Bill No. 439 A bill to be entitled an Act to amend an Act relating to taxation of personal property; and for other purposes. The following Senate amendment to House Bill No. 439 was read: JOURNAL OF THE HOUSE, The Senate amends House Bill No. 439 as follows: By amending the caption of said bill by inserting before the last clause "and for other purposes" the following: "By_ amending Section 92-3401 which deals with Estate and Inheritance Taxes by adding thereto a new sub-paragraph to be known as Section 92-3401 (a), and to provide for the assessment and collection of a tax on all property in this State owned by a non-resident; the same to be determined as set forth in Section 92-3401 of the Code." By amending said bill so as to amend Section 92-3401 of the Code by adding a new sub-paragraph to be known as Section 92-3401 (a) and to read as follows: "Section 92-3401 (a) It shall be the duty of the legal representative of the Estate of any person who may die a non-resident of this State but who owns or controls property located within this State, and whose Estate is subject to the payment of a Federal Estate Tax, to file with the State Revenue Commissioner a duplicate of the return which he is required to make to the Federal Authorities a:td pay a tax thereon as determined by Section 92-3401 of this Code. The amount of the tax to be paid shall be in proportion to the amount of property located in this State as compared to the total amount of property located elsewhere." Mr. Lovett of Laurens moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 131, the nays o. The amendment having received the requisite majority was agreed to. By Mr. Taft of Atkinson- House Bill No. 653. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for Atkinson County; and for other purposes. The following Senate amendment to House Bill No. 653 was read: Senate amends House Bill No. 653, as follows: No. 1. By adding and inserting in the title of said bill between the words "of Atkinson County" and the words "and for other purposes", the following language: "to provide for a referendum; to provide an effective date for this Act;" No.2. By striking Section 2 of said Bill and substituting in lieu thereof a new section to be numbered and to read as follows: "SECTION 2. The Ordinary of Atkinson County shall call an election to be held on the 3rd day of May, 1941, for the purpose of submitting to the qualified voters of said county the ratification or rejection of this Act. Notice of said election shall be published by the Ordinary at least once 30 days prior to the date of holding said election in the newspaper in said county in which sheriffs' advertisements are published. At said election, all persons who favor the adoption of this Act shall have written or printed on their ballots the words: 'for abolishing the office of CommiSsioner of Roads and Revenues in the County of Atkinson,' and all persons who are SATURDAY, MARCH 22, I94I opposed to the adoption of this Act shall have written or printed on their ballots the words: 'against abolishing the office of Commissioner of Roads and Revenues in the County of Atkinson.' If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote in favor of abolishing the office of Commissioner of Roads and Revenues in the County of Atkinson, then this Act shall go into effect on the 5th day of May following said election. If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote against the office of Commissioner of Roads and Revenues in the County of Atkinson, then this Act shall be null and void and of no effect.'' No. 3 By adding a new section to be numbered and to read as follows: "SECTION 3 Be it enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed." Mr. Taft of Atkinson moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 120, the nays o. The Senate amendment having received the requisite majority was agreed to. By Mr. Taft of Atkinson- House Bill No. 654. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Atkinson; and for other purposes. The following Senate amendment to House Bill No. 654 was read: The Senate amends House Bill No. 654 as follows: No. 1. By inserting in the title of said bill between the words "any county funds" and the words "and for other purposes," the following: "to provide for a referendum; to provide an effective date for this Act:" No. 2. By striking Section I5 of said bill substituting and inserting m lieu thereof a new section to be numbered and to read as follows: "Section I 5 The Ordinary of Atkinson County shall call an election to be held on the 3rd day of May, I94I, for the purpose of submitting to the qualified voters of said County the ratification or rejection of this Act. Notice of said election shall be published by the Ordinary at least once 30 days prior to the date of holding said election in the newspaper in sai'd county in which sheriffs' advertiseme_nts are pqblished. At said election, all persons who favor the adoption .of this Act shall have written or printed on their ballots, the words: "for the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson," and all persons who are opposed to the adoption of this Act shall have written or printed on their ballots, the words: "against the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson." If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote in favor of the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson, then this Act shall go into effect on the 5th day of May following said election. If a majority of the registered qualified voters of the County of Atkinson, voting in said election, vote against 1386 JOURNAL OF THE HOUSE, the creation of a Board of Commissioners of Roads and Revenues for the County of Atkinson, then this act shall be null, void and of no effect. Mr. Taft of Atkinson moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 125, the nays o. The amendment having received the requisite majority was agreed to. By Mr. Richardson of Hart- House Bill No. 679. A bill to be entitled an Act to provide additional compensation for the official stenographic reporters of Superior Courts of a Judicial Circuit having a certain population; and for other purposes. The following Senate amendment to House Bill No. 679 was read: The Senate amends House Bill No. 679 by striking from the title thereof the words, "and for other purposes", in the last line of said title, and inserting in lieu thereof, immediately following the word census the words, "and to specify the counties in said circuits to which the provisions of this Act shall not apply; and for other purposes." Also to amend Section 2 of said bill by adding to said section at the end thereof, the: following words: "Provided, further, that the provisions of this Act shall not apply to any county or counties in said judicial circuits having a population by said census of not more than 15,615, and not less than 15,605. Neither shall the provisions of said Act apply to Franklin County." Mr. Taft of Atkinson moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 125, the nays o. The amendment having received the requisite majority was agreed to. By unanimous consent, the House recessed for one hour. 2:00 o'clock P. M. The Speaker called the House to order. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requ1s1te constitutional majority the following bill and resolution of the House, to-wit: By Mr. Brooks of Mitchell- House Bill No. 527 A bill to amend Section 92-4801 of the Code relating to the bonds of Tax Collectors and Tax Commissioners of this State; and for other purposes. SATURDAY, MARCH 22, 1941 By Mr. Inglis of Habersham- House Resolution No. 58-326A. A resolution proposing an amendment to the Constitution authorizing the County of Habersham to assume the school indebtedness of the several school districts; and for other purposes. The Senate has passed by substitute by the requisite constitutional majority the following bill of the House, to-wit: By Mrs. Mankin and Messrs. Etheri~ge and Kendrick of Fult9n- House Bill No. 566. A bill to amend the charter of the City of Atlanta; and for other purposes. The following bills of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto: By Mr. Rich of Union- House Bill No. 723. A bill to be entitled an Act to create a new charter for the City of Blairsville, and for other purposes. The following Senate amendment to House Bill No. 723 was read: The Senate amends House Bill No. 723 by striking the year 1941 wherever same appears in said bill and inserting in lieu thereof the year 1942. Also by striking the year 1942 wherever same appears in said bill and inserting in lieu thereof the year 1943, Also by striking the word "annually" wherever same appears in the following sections: Section 3, line 10; Section 4, line 3; Section 8, line 2; Section II, line 2, and inserting in lieu thereof the word "Biannually" in said Sections and lines. Also by striking the words "One year" in Section 4, line 7, and inserting in lieu thereof the words "two years". Mr. Rich of Union moved that the House agree to the Senate amendment. On the motion to agree, the ayes were I 13, the nays o. The Senate amendment having received the requisite majority was agreed to. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton- House Bill No. 566. A bill to be entitled an Act to amend the charter of the City of Atlanta; and for other purposes. The following Senate substitute to House Bill No. 566 was read: The Senate Substitutes House Bill No. 566 as follows: An Act entitled an Act to provide for the exemption of drivers, operators and members of publicly owned fire departments in cities having a population of more than three hundred thousand (300,000) by the United States Census of 1940, or subsequent census, from tort liability for personal or property damage in case of accident while proceeding to a fire alarm or returning therefrom under emergency orders. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: IJ88 JOURNAL OF THE HOUSE, SECTION I. A driver or operator of fire apparatus publicly owned and operated by any member of a fire department in cities having a population of more than three hundred thousand (Joo,ooo) by the United States Census of 1940, or subsequent census, shall be exempted from any tort liability by reason of injuries sustained to the person or property of any one, where such damage or injury is caused by the driving of such apparatus in responding to a fire alarm, or while returning to a fire station under emergency orders of a Chief or Assistant Chief to put equipment back into service for another call. SECTION 2. That nothing in this Act shall in any manner affect the liability of such municipalities owning such fire apparatus for the torts of its employees under the general laws now prevailing in this State. SECTION 3 Fire apparatus as used herein shall be considered to include salvage and first aid cars; chiefs' cars; hose wagons; pumpers; serial trucks; water towers; service trucks; supply trucks; or other automotive equipment used in fire fighting publicly owned and operated. SECTION 4 All 'laws and parts of laws in conflict with the provisions of this A.ct be imd the same are hereby repealed. Mrs. Mankin of Fulton moved that the House agree to the Senate substitute. On the motion to agree, the ayes were xo6, the nays o. The substitute was agreed to. By Mr. Brooks of Mitchell- House Bill No. 527. A bill to be entitled an Act to amend an Act relating to the bonds and the amounts of bonds of Tax Collectors and Tax Commissioners in the Counties of this State; and for other purposes. The following Senate amendment to House Bill No. 527 was read: The Senate amends House Bill No. 526 by adding in the caption after the word "counties" in line 12 the following: Provided this Act shall apply only to counties in this State having a population of not less than 23,250, nor more than 23,270 according to the United States census of 1940 or any future census. By amending Section 1 (One) of said Act by adding at the end of said Section the following: Provided that this Act shall apply only to counties of this State having a population of not less than 23,250 nor more than 23,270 according to the United States census of 1940 or any future census. Mr. Brooks of Mitchell moved that the House agree to the Senate amendments. On the motion to agree, the ayes were 112, the nays o. The Senate amendment having received the requisite majority was agreed to. SATURDAY, MARCH 22, I94I By Messrs. Allison and Roberts of Gwinnett- House Bill No. 58 I. A bill to be entitled an Act to amend the town charter of Duluth; and for other purposes. The following Senate amendment to House Bill No. 58 I was read: The Senate amends House Bill No. 58I by adding after Section one (I) another section as follows: Section 2. The provisions of this Act shall not become operative as an amendment to the charter of the Town of Duluth until the same shall be submitted to the voters of said town qualified to vote for Mayor and Council, and approved by a majority of those voting at said election. The election shall be called by the Mayor and Council, who shall advertise the same for at least 30 days preceding the election by posting typewritten or printed copies of this act in three public places in said town, and a copy shall be kept during such period at the place where the public records of the town are located. The ballots shall be provided by the Mayor and Council and shall have written or printed thereon: "In favor of authorizing the Council of Duluth to levy and collect an ad valorem tax on all property, not to exceed one (I) per cent or additional tax." "Against authorizing the Council of Duluth to levy and collect an ad valorem tax on all property, not to exceed one (I) per cent or additional tax." The result of the election shall be declared by the Mayor and Council of said town, and entered on the minutes of the clerk of Duluth. Only one election may be held under the provisions of this act, and .the result thereof shall be final. Should a majority of those voting at said election not be in favor of this amendment it shall be null and void. Second: By numbering section 2 as section 3 Mr. Roberts of G*innett moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 116, the nays o. The amendment having received the requisite majority was agreed to. The following Conference Committee Report was submitted and read: Mr. President: Mr. Speaker: Your Conference Committee, appointed to correct certain clerical errors in House Bill No. 265, report as follows: That said bill be amended in the following respect, that the figures "'$7oo.oo" appearing on the last line of the first page of the engrossed copy be amended by substituting the word "one", and the word "month" appearing on said line be amended by substituting the word "year" so that when amended the same will read "one dollar IJ90 JOURNAL OF THE HOUSE, per year" instead of '$700.00 per month. Respectfully submitted, W. K. HoLT of the 48th District HILES HAMILTON of the 42nd District J. K. WHALEY of the 45th District On the part of the Senate J. F. WITHERINGTON of Wilcox WENDELL HoRNE of Crisp On the part of the House Mr. Witherington of Wilcox moved the adoption of the Conference Committee Report. On the motion to adopt, the ayes were I I I, the nays o. The Conference Committee Report having received the requisite majority was adopted. The following resolutions of the House were read and adopted: By Mr. Aultman of Peach- House Resolution No. I79 A resolution thanking Mr. Brooks of Mitchell for peanuts presented to the House. By Mr. Simmons of Decatur- House Resolution No. I8o. A resolution extending an invitation to the members of the House to go fishing. By Mr. Drinkard of LincolnHouse Resolution No. I8I. A resolution extending the congratulations and thanks of the House to Fiddling John Carson. Under the order of business established by the Committee on Rules, the following bills and resolutions of the Senate were taken up for consideration and read the third time: By Senator Milhollin of the 46th District- Senate Resolution No. 69-228. A resolution providing for a committee m reference to the Department of Natural Resources; and for other purposes. The previous question was ordered. The main question was ordered. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. SATURDAY, MARCH 22, I94I On the adoption of the resolution, the ayes were Io8, the nays o. The resolution having received the requisite constitutional majority was adopted. By Senator Redwine of the 26th District- Senate Bill No. 208. A bill to be entitled an Act to amend Section 32-1006 of the Code relating to the Compensation of County Superintendents of Schools; and for other purposes. Mr. Ingram of Forsyth moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I IJ, the nays 23. The bill having received the requisite constitutional majority was passed. Mr. Mims of Miller asked to be recorded in the Journal as voting against Senate Bill No. 2o8. By Senators Drake of the 8th District and Coker of the 39th District- Senate Bill No. I76. A bill to be entitled an Act to amend Section 68-502 of the Code, defining certain terms used in Chapter 68-5 of said Code and providing.certain exemptions not to be included under the term "motor carrier"; and for other purposes. Mr. Jones of Brantley moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I I4, the nays o. The bill having received the requisite constitutional majority was passed. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton and Dunaway, Candler and Turner of DeKalb- House Bill No. 626. A bill to be entitled an Act to amend the Constitution of Georgia so as to authorize Fulton and DeKalb counties to establish Highway Authority; and for other purposes. The following Senate amendment to House Bill No. 626 was read: The Senate amends House Bill No. 626 by adding the following at the end of Section 2. "Nothing in this Act shall conflict or interfere with the powers or rights heretO- 1392 JOURNAL OF THE HOUSE, fore granted the Georgia Public Service Commission to regulate Motor Carriers." Mrs. Mankin of Fulton moved that the House agree to the Senate amendment. On the motion to agree, the roll call was ordered anq the vote was as follows: Those voting in the affirmative were Messrs.: Allison Anderson Anglin Arnall Atkinson Aultman Barber Barlow Bates Bentley Blease Bloodworth Bowen Boone Bradbury Bridges Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Caldwell Callaway Campbell Candler Chastain Cowart Culpepper Curry Dallis Dalton Daves Davis Deal Drinkard Dunaway Dunn Dupree Edwards Ennis, Marion Etheridge Ferguson of Camden Ferguson of Sumter Ford Forrester Foster of Paulding Foster of Towns Fowler Gaston Gill Gillis Goddard Graham Gray Grayson Greene Grice Griffin Gross Guerry Hand Harden Hardy Harris Harrison Hatchett Hicks Holtzendorf Hooks Home Inglis Ingram Jackson Johnson of Pike Jones of Richmond Kea of Laurens Kelley Kendrick Kennedy Key of Jasper Lewis Livingston Looper Lovett Maddox Mankin Mann Mason Mavity McClure McCracken Mcintosh McEntire Miller Mills Mims Mixon Moate Moore of Lumpkin Moore of Taliaferro Musgrove Pannell Parker Pettit Phillips Pilcher Pinkston Price Richardson Roberts of Gwinnett Roberts of Walton Rossee Roughton Rowland Russell Sabados Sheppard Simmons Smith of Carroll Smith of Hall Smith of Schley Smith of Washington Smitha Southwell Suggs Swint Taft SATURDAY, MARCH 2.2., 1941 1393 Thompson Turner Vickers Walker Warnock Weaver Wells of Burke Wells of Clayton Wetherbee Whipple Wilbanks Williams of Bacon Williams of Harris Williams of Jackson Williams of Ware Willoughby Witherington Wren Wright Yawn Those voting in the negative were Messrs.: Jones of Brantley Those not voting were Messrs.: Adams Aiken Ansley Bennett Blackshear Branch Clements Connell Dean Dorsey Drake Dyal Easler Elliott Ennis, J. H. Fuller Gavin Goolsby Gowen Hagan Moss Hardman Pickett Hart Pittman Hartness Rees Heard Reiser Herrin Rich Hogg Rogers Howard Shannon Hunnicutt Sills Johnson of Chattahoochee Smiley Joiner Smith of Barrow Jones of Dodge Strickland Jones of Worth Tappan Kaigler Thigpen Lester Wells of Telfair Martin Welsch Maund Wohlwender Maxwell Woods McNall By unanimous consent, the verification of the roll call was dispensed with. On the motion to agree, the ayes were 147, the nays 1. The amendment having received the requisite two-thirds majority was agreed to. The following Conference Committee Report was submitted, read, and adopted: Atlanta, Georgia, March 2.2, 1941. Mr. Speaker: Your committee appointed on conference on House Bill No. 2.01 begs to submit the following report: Your conference committee has been unable to agree, and requests that a new conference committee be appointed. 1394 JOURNAL OF THE HOUSE, Respectfully submitted, On the part of the Senate GRADY CoKER of the 39th District R. E. CANNON of the 49th District CAMPBELL of the 34th District On the part of the House D. M. LIVINGSTON of Polk DoRSEY of Cobb STRICKLAND of Haralson The Speaker appointed as a second Conference Committee on House Bill Nu. 20I the following members, tO-wit: Messrs. Roughton of Washington, Suggs of Sumter, and Livingston of Polk. Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: By Senator Odum of the 9th District- Senate Bill No. 69. A bill to be entitled an Act to require the fiscal officers of each county of the State, in making audits of affairs of said county, to make same on uniform schedules or forms prepared by the State Auditor; and for other purposes. Mr. Foster of Towns moved that the bill be tabled. On the motion to table, the ayes were 8I, the nays 38. The bill was tabled. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has adopted, as amended, by the requisite constitutional majority the following resolution of the House, to-wit: By Mr. McClure of Catoosa- House Resolution No. 76-446A. A resolution requesting the Department of Public Safety to reimburse Catoosa County in the sum of $500 for the hospitalization of Charle sCoates; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: SATURDAY, MARCH 22, 1941 1395 Mr. Speaker: The Senate has passed by substitute by the requisite constitutional majority the following bill of the House, ta-wit: By Messrs. Candler, Dunaway and Turner of DeKalb- House Bill No. 353 A bill authorizing a cadastral survey in all counties; and for other purposes. The Senate has concurred in the House substitute to the following bills of the Senate, to-wit: By Senators Campbell of the 34th and Couch of the 52nd Districts- Senate Bill No. I22. A bill to amend Section 26-6JOI of the Code so as to include the possession, lending or 'transportation of any indecent or obscene pictures or literature; and for other purposes. By Senator Whaley of the 45th District- Senate Bill No. 68. A bill to amend Section 45-308 of the Code as amended by an Act approved March 24, I939, as contained in the Acts of I9J9, known as an Act providing for a different date for the commencement of open season for the hunting of game in certain territory of this State by striking from said Act in Section One thereof the words "Telfair, Jeff Davis, and Appling Counties." The Senate has concurred in the House substitute as amended to the following bill of the Senate, to-wit: By Senator Hill of the 36th District- Senate Bill No. 72. A bill to amend the title of the Act approved February I6th, 1938, which authorizes the levy of a maintenance tax for State purposes on motor vehicles operated as a rolling store; and for other purposes. The Senate has adopted the report of the Conference Committee on the following bill of the House: By Messrs. Evans of McDuffie, Blease of Brooks, and others- House Bill No. 685. A bill to amend an Act of the General Assembly, by striking Section I from said Act and substituting in lieu thereof a new Section I providing for the publication of constitutional amendments in only one newspaper in each congressional district; and for other purposes. The following bill of the House was taken up for the purpose of considering the Senate substitute thereto: By Messrs. Candler, Dunaway, and Turner of DeKalb- House Bill No. 353 A bill to be entitled an Act authorizing a cadastral survey in counties of this state; and for other purposes. The following Senate substitute to House Bill No. 353 was read: JOURNAL OF THE HOUSE, A BILL To be entitled an Act to authorize any counties in this State having a population of not less than 85,000 and not more than IOo,ooo according to the United States official census or any future census, to provide through a cadastral survey, a field book system for real property identification and evaluation; to provide for use of survey stations thereof in connection with legal descriptions of land; to provide funds for the making of such surveys and the establishment and maintenance of such fielcl book systems and for other purposes. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same: SECTION I That from and after the passage of this Act, the Ordinary or Board of Commissioners of Roads and Revenues or other governing authorities of any county in this State having a population of not less than 85,000 and not more than wo,ooo according to the United States official census or any future census, may establish, through a cadastral survey, a field book system for real property identification and evaluation, including card indexes or other authorized systems carrying any relative information in connection with the real property situated in any such county, and to provide for the use thereof in connection with legal descriptions of property in such county. SECTION 2 For the purpose of providing funds for maintaining such a field book system and other records, a fee not in excess of twenty-five (25c) cents, in addition to the l'egal recording fees, may be charged and collected for each instrument affecting real estate which may be recorded, and the Clerk of the Superior Courts of any county in which such a system has been inaugurated shall collect such fe!!S and remit same to the County Treasury; provided, that the Ordinary or Board of Commissioners of Roads and Revenues or other governing authorities shall, by resolution duly entered upon their minutes, provide for the establishment and maintenance of such a field hook system and shall fix the fees to be charged, not in excess of twenty-five (25c) cents for each instrument, and shall furnish the Clerk of the Superior Court with a certified copy of such minutes. SECTION 3 Be it further enacted by the General Assembly that 'I-ll laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Mr. Candler of DeKalb moved that the House agree to the Senate substitute. On the motion to agree, the ayes were I 13, the nays o. The substitute having received the requisite majority was agreed to. Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: SATURDAY, MARCH 22, 1941 1397 By Senator Lanier of the 18th District- Senate Bill No. 134 A bill to be entitled an Act to amend Section I 13-1409 of the Code relating to the filing of annual returns by administrators and executors; and for other purposes. A substitute by the committee was read. The previous question was ordered. The main question was ordered. The committee substitute 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 a yes were I I 2, the nays o. The bill having received the requisite constitutional majority was passed. The following resolution of the House was taken up for the purpose of considering the Senate amendment thereto: By M~:. McClure of Catoosa- House Resolution No. 76-446A. A resolution to authorize the Department of Public Safety to reimburse Catoosa County in the amount of $5oo.oo for hospitalization of Charles Coates; and for other purposes. The following Senate amendment to House Resolution No. 76-446A was read: The Senate amends House Resolution No. 76-446A as follows: By striking all words after the word Catoosa in the third line of Paragraph six (6) of the Resolution and adding in lieu thereof the following: Such sum as the Governor shall approve as being wise and equitable not to exceed $5oo.oo; the Governor shall not deem this Resolution mandatory but permissive and such sum as approved to be paid shall be paid from funds of the Public Safety Department if available or from the Governor's Contingency Fund. Mr. McClure of Catoosa moved that the House agree to the Senate amendment. On the motion to agree, the ayes were II I, the nays o. The amendment having received the requisite majority was agreed to. Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: By Senator Park of the 19th District- Senate Bill No. 18. A bill to require all persons having certain claims against the State of Georgia to have the State Auditor to approve them before payment. Mr. Jones of Brantley moved that the bill be tabled, and the motion prevailed. JOURNAL OF THE HOUSE, The bill was tabled. The following resolution of the House was read and adopted: By Messrs. Goddard of Spalding, Pickett of Pickens, and Davis of Coweta- House Resolution No. I82. A resolution inviting Miss Jean Redwine to sing before the House. By unanimous consent, the following General Bills and Resolutions with local application were taken up for consideration and read the third time: By Senator Dorsey of the J2nd DistrictSenate Resolution No. 62-22JA. A resolution requesting the State Librarian to furnish certain books to White 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 IOJ, the nays o. The resolution having received the requisite constitutional majority was adopted. By Senator Couch of the pnd District- Senate Bill No. I 59 A bill to be entitled an Act to provide the time at which primary elections for nominations of county officers shall be held in counties in this state having a certain population; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I04, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Couch of the pnd District- Senate Bill No. 205. A bill to be entitled an Act to provide for the recall of county commissioners in Georgia in counties having a certain population; and for purposes. The following amendment to Senate Bill No. 205 was read and adopted: Mrs. Mankin and Messrs. Etheridge, and Kendrick of Fulton move to amend Senate Bill No. 205 as follows: By striking the word fifteen and the figures IS in Section I and inserting in lieu thereof the words twenty-five and the figures 25. 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 o. SATURDAY, MARCH 22, 1941 1399 The bill having received the requisite constitutional majority was passed, as amended. By Senator Wall of the 28th District- Senate Bill No. 63. A bill to be entitled an Act to require that all defendants in misdemeanor cases be bound over to the County or City Courts for trial; and for other purposes. The report 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 o. The bill having received the requisite constitutional majority was passed. By Senator Coker of the 39th District- Senate Bill No. 103. A bill to be entitled an Act to provide payment by counties of this state having a certain population of actual cost incurred in Superior and City Courts for the trial and conviction of misdemeanor convicts worked by said county upon public roads of same; and for other purposes. The report of the committee, which was favorable to the pas~age of the bill, was agreed to. On the passage of the bill, the ayes were 105, the nays o. The bill having received the requisite constitutional majority was passed. The following resolution of the Senate was read and adopted: By Senator Almand of the 27th District- Senate Resolution No. 65-227. A resolution recommending that Miss Moinia Michael's book be used in the public schools of this state; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate insists on its amendments to the following bills of the House, tO-wit: By Mr. Rossee of Putnam- House Bill No. 417. A bill to amend the Act creating a Board of Commissioners of Roads and Revenues for Putnam County; and for other purposes. By Mr. Rossee of Putnam- House Bill No. 455 A bill to amend an Act creating and establishing a new Charter for the City of Eatonton; and for other purposes. The President has appointed as a committee on the part of the Senate to act on each of the above bills, the following: JOURNAL OF THE HOUSE, Senator Wall of the 28th District Adams of the JISt District Daugherty of the 21st District The following resolution of the House was read and adopted: By Mr. Culpepper of Fayette- House Resolution No. 183. A resolution providing that a joint session of the General Assembly meet at 9:30P.M., March 22nd, 1941, for the purpose of hearing a message from the Governor. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Mr. Dyal of Appling- House Bill No. 374 A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Appling County; and for other purposes. The following Senate amendment to House Bill No. 374 was read: The Senate amends House Bill No. 374 by adding to the caption thereof immediately before the language "and for other purposes", the following language, to-wit: "To provide an effective date for this Act"; and by adding to said House Bill No. 374 a new Section to be known as. Section 9 to read as follows: "Be it further enacted by the authority aforesaid that this Act shall become effective on January 1, 1945." Senator Martin of the Jrd District further moves to amend said House Bill No. 374 by striking the present Section 9 thereof and reenacting the same as Section 10, so that Section 10 will read as follows: "Be it enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Mr. Dyal of Appling mo~ed that the House agree to the Senate amendment. On the motion to agree, the ayes were 121, the nays o. The bill having received the requisite majority was agreed to. Under the order of business established by the Committee on Rules, the following resolution of the Senate was taken up for consideration and read the third time: By Senator Gross of the 2oth District- Senate Resolution No. 5~21oB. A resolution asking Congress to provide for military deferment of dental students; and for other purposes. Mr. Dunaway of DeKalb moved that the resolution be tabled, and the motion prevailed. SATURDAY, MARCH 22, 1941 The resolution was tabled. The following Conference Committee Report was submitted and read: Mr. President: Mr. Speaker: The Conference Committee on House Bill No. 215 respectfully reports it has agreed to substitute in lieu of the amendment of Senator Houston of the 51st District, adopted by the Senate, the following amendment, by changing the period at the end .of the second paragraph of Section 1 of said bill to a comma and adding the following, to-wit: Provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved, for a greater amount than that found still due the contractor, and provided further, except for the purpose of this section, Section 67-2001, Section 2 shall remain unaffected. The Committee further agrees that the period at the end of the first paragraph on page 2 of said bill be changed to a comma and the following added, ta-wit: Provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the prqperty improved, for a greater amount than that found still due the contractor, and prOvided further, except for the purpose of this section, Section 67-2001, Section 2 shall remain unaffected. Respectfully submitted, On the part of the Senate JoHN C. HousTON of the 51st District LANIER of the 18th District CAMPPELL of the 34th District On the part of the House Rov V. HARRIS A. ii. WEAVER w. M. LESTER Mr. Lester of Richmond moved that the Conference Committee Report be adopted. On the motion to adopt, the ayes were 103, the nays o. JOURNAL OF THE HOUSE, The Conference Committee Report having received the requisite majority was adopted. Under the order of business established by t:he Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time: By Senator Cannon of the 40th District- Senate Bill No. I88. A bill to be entitled an Act to amend an Act to provide for the payment of a license by certain persons fishing within the State; and for other purposes. Mr. Mims of Miller moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 106, the nays I. The bill having received the requisite constitutional majority was passed. By Senator Campbell of the 34th District- Senate Bill No. 200. A bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to allow the director to pay premiums on insurance contracts issued to members of the uniform division; and for other purposes. Mr. Jones of Brantley moved the previous question, the call was sustained and the main question ordered. The following amendment to Senate Bill No. 200 was read and adopted: The Committee moves to amend Senate Bill No. 200 by striking therefrom Section IO-A on Page I in its entirety, and inserting, in lieu thereof a new section to read as follows: "Section 10-A. The Commissioner of the Department of Public Safety, with the approval of the Department of Public Safety, is hereby authorized to purchase group life, group accident, and group hospitalization insurance contracts, policies or certificates issued to the members of the uniform division of the Department of Public Safety; provided such contracts of insurance be approved by the Department of Public Safety as to the amount of insurance, amount of premiums, and company issuing or writing same, and provided, further, that the premiums for such contracts, policy, or certificate of insurance shall be paid by the members of the uniform division desiring to participate therein; and this shall be in no way considered as a liability on the part of the State to pay Jor same. Such contract, policy or certificate of insurance may be made payable to the beneficiary designated by the member of the uniform division to whom same is issued." 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 I. SATURDAY, MARCH 22, 1941 The bill having received the requisite constitutional majority was passed, as amended. By unanimous consent, the House recessed until7:30 o'clock P.M. 7:30 o'clock P. M. The Speaker called the House to order. Under the order of business established by the Committee on Rules, the following bills of the Senate were taken up for consideration and read the third time:. By Senator Campbell of the 34th District- Senate Bill No. 21 I. A bill to be entitled an Act to provide that no appropriation shall become available to any spending agency of the State so long as there remains an amount due and unpaid to any local school unit; and for other purposes. By unanimous consent, further action on Senate Bill No. 211 was deferred for one hour. By Senator Clark of the 44th District- Senate Bill No. 74 A bill to be entitled an Act to amend an Act entitled: "An Act to promote temperance and prosperity for Georgia people"; and for other purposes. Mr. Kea of Laurens moved the previous question, the call was sustained and the main question ordered. The following amendment by Mr. Jones of Brantley was read: Mr. Jones of Brantley moves to amend Senate Bill No. 74 by inserting or adding at the proper place and amend the caption accordingly. "That on and after the passage of this act that any person growing grapes or any other fruits that is manufactured or made into wines shall not be prevented from selling his or their products to any retail dealer within this State." On the adoption of the amendment, Mr. Jones of Brantley moved the ayes and nays, and the call was not sustained. The amendment was lost. An amendment by Mr. Etheridge of Fulton was read and lost. Mr. Jones of Brantley moved that the bill be tabled, and the motion was lost. The following amendment was read and adopted: Messrs. Daves of Dooly and Harris of Richmond, Whipple of Bleckley and Grayson of Chatham moves to: Amend Senate Bill No. 74 by striking the caption of said bill and inserting in lieu thereof the following: JOURNAL OF THE HOUSE, "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 taxation wine made from crops of grapes, fruits, and berries, whether wild or cultivated, by producers in Georgia of such crops, and to provide for the holding of an election to ratify or reject this Act; and for other purposes,' approved March 23, I9JS (Georgia Laws I93S, pages 492-494) as amended by Act approved February 16, 1938, extra session Laws of Georgia 1937-8, pages I8S-I88, by providing for the licensing of retail dealers and by providing for a license tax on retail dealers by county and municipal authorities; to change the rate of taxation; to authorize the revocation and declination of licenses; and for other purposes. Amend Senate Bill No. 74 by striking the repealing clause known as Section 2, and inserting in lieu thereof another section to be known as Section 2, to read as follows: "Section 2. Section I of the Act approved February 16, 1938, extra session Laws of Georgia 1937-I938, pages I8S-I88, providing for the levy and collection of taxes on all wines manufactured, sold, possessed, or offered for sale within the State of Georgia, is hereby repealed and a new Section is inserted in lieu thereof to read as follows: 'That from and after the passage of this Act, the following taxes shall be levied and collected on all wines manufactured, sold, possessed, or offered for sale within the State of Georgia; (a) On domestic wines having an alcoholic strength of not more than 14% alcohol by volume--s cents per gallon. Domestic wines are hereby defined and declared to be those wines manufactured wholly within this State from fruits and berries grown only within the State of Georgia and produced by natural fermentation. (b) On foreign wines having an alcoholic strength of not more than 14% alcohol by volume-so cents per gallon. Foreign wines are hereby defined and declared to be wines which are imported in whole or in part in the State of Georgia, or manufactured in the State of Georgia from products imported in whole or in part from without the State of Georgia and produced by natural fermentation. (c) On foreign and domestic wines whether fortified or not having an alcoholic strength of more than 14 o/r alcohol by volume-$J.oo per gallon.' " Amend Senate Bill No. 74 by adding a new Section to be known as Section 3: "Section 3 All laws or parts of laws relating directly or indirectly to wine and the levy and collection of tax thereon which are manufactured, sold, possessed, or offered for sale within this State be and the same are hereby expressly 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, the roll call was ordered and the vote was as follows: SATURDAY, MARCH 22, 1941 1405 Tho~e voting in the affirmative were Messrs.: Adams Allison Anderson Anglin Atkinson Aultman Barber Barlow Bates Bentley Blease Bloodworth Bradbury Branch Brinson Brooks of Mitchell Brooks of Oglethorpe Bruce Bynum Campbell Candler Chastain Cowart Culpepper Curry Dalton Daves Davis Dean Dorsey Dunaway Dupree Dyal Easler Edwards Elliott Ennis, Marion Ferguson of Sumter Ford Forrester Foster of Towns Gill Goddard Gowen Graham Gray Mims Grayson Mixon Greene Moore of Taliaferro Grice Musgrove Griffin Pannell Gross Pettit Guerry Phillips Hagan Pickett Hand Pilcher Harden Pinkston Hardman Pittman Harris Price Harrison Rees Hatchett Richardson Heard Roberts of Walton Hicks Roughton Hogg Rowland Holtzendorf Sabados Hooks Sheppard Horne Simmons Howard Smiley Inglis Smith of Carroll Ingram Smith of Hall Jackson Smith of Schley Johnson of Chattahoochee Smith of Washington Joiner Smitha Jones of Richmond Southwell Jones of Worth Strickland Kaigler Suggs Kea of Laurens Swint Kelley Taft Kendrick Vickers Kennedy Walker Key of Jasper Weaver Lovett Wells of Burke Maddox Wells of Clayton Mankin Welsch Martin Wetherbee Mason Whipple Maund Williams of Bacon Mavity Williams of Ware McClure Willoughby Mcintosh Witherington McEntire Woods Mills Wren JOURNAL OF THE HOUSE, Those voting in the negative were Messrs.: Ansley Arnall Bennett Bowen Boone Dallis Drinkard Dunn Etheridge Foster of Paulding Gaston Hardy Herrin Johnson of Pike Jones of Brantley Moore of Lumpkin Rich Smith of Barrow Williams of Harris Williams of Jackson Yawn Those not voting were Messrs.: Aiken Blackshear Bridges Caldwell Callaway Clements Connell Deal Drake Ennis, J. H. Ferguson of Camden Fowler Fuller Gavin Gillis Goolsby Hart Hartness Hunnicutt Jones of Dodge Lester Lewis Livingston Looper Mann Maxwell McCracken McNall Miller Moate Moss Parker Reiser Roberts of Gwinnett Rogers Rossee Russell Shannon Sills Tappan Thigpen Thompson Turner Warnock Wells of Telfair Wilbanks Wohlwender Wright By unanimous consent, the verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 135, the nays 21 . The bill having received the requisite constitutional majority was passed, as amended. The following Conference Committee Report was submitted and read: On the 21st day of March, 1941, House Bill No. 685 came on passage in the Senate, and The Senate passed said bill by substitute after which the House refused to concur thereon, and appointed a Conference Committee to confer with a like Committee from the Senate. At a joint conference the Conference Committee of the Senate agreed to recede from its position on the substitute bill in behalf of the original bill. CEciL FRANKLIN of the 38th District MASON of the 3oth District J. D. KIRKLAND of the 49th District SATURDAY, MARCH 22, 1941 Mr. Lovett of Laurens moved that the House adopt the Conference Committee Report. On the motion to adopt, the ayes were 131, the nays 3 The Conference Committee Report was adopted. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority the following bills and resolutions of the House, ta-wit: By Mr. Turner of DeKalb- House Bill No. 282. A bill so as to make the operation of trackless trolleys subject to the same municipal ordinances, rules and regulations and subject to the same taxes and basis of allocation thereof between counties as is now required by the law of street railroads; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has agreed to the report of the Conference Committee on the following bill of the House, to-wit: By Mr. Lester of Richmond- House Bill No. 215. A bill to amend Section 67-2002 of the Code providing how liens are declared and created; and for other purposes. The President has appointed as a second Conference Committee on the part of the Senate to consider House Bill No. 201, known as the "chiropractic bill", the following Senators: Senators Coker of the 39th District, Steed of the 43rd District, Clark of the 44th District. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following bill of the House, ta-wit: By Messrs. Atkinson of Chatham, Candler of DeKalb, Strickland of Haralson and Kea of Laurens- House Bill No. 246. A bill to limit the time for enforcing deeds as secure debt on Real Property; and for other purposes. qo8 JOURNAL OF THE HOUSE, The following message was received from the Senate through Mr. Camp, 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 Mr. Evans of McDuffie- Hause Bill No. 289. A bill to enlarge the jurisdiction and power of the Georgia Public Service Commission so as to authorize said Commission to prescribe rates, supervise and regulate the furnishing or selling of water by certain persons, firms or private corporations; and for other purposes. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Mr. Evans of McDuffie- Hause Bill No. 289. A bill to be entitled an Act to confer upon and vest in the Georgia Public Service Commission jurisdiction, authority and power to prescribe water rates in certain cities in this state; and for other purposes. The following Senate amendment to House Bill No. 289 was read: The Senate amends House Bill No. 289 by adding a new paragraph at the end thereof, as follows: This Act shall not apply to any water works system coming under the provisions of this Act until thirty (30) days after the Mayor and Council of the city or town wherein such water works is located has by valid municipal ordinance elected to put the water works in said city or town under the provisions of this Act and has duly certified their Act in so doing to the Georgia Public Service Commission. Mr. Hand of Mitchell moved that the House disagree to the Senate amendment, and the motion prevailed. Mr. Hand of Mitchell moved that a Conference Committee be appointed on the part of the House to confer with a like Committee on the part of the Senate on House Bill No. 289, and the motion prevailed. The Speaker appointed as a Conference Committee on the part of the House on House Bill No. 289 the following members, to-wit: Messrs. Lewis of Burke, Wells of Burke, and Hand of Mitchell. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: SATURDAY, MARCH 22, 1941 By Mr. Turner of DeKalb- House Bill No. 282. A bill to be entitled an Act to amend an Act so as to make the operation of trackless trolleys subject to the same municipal ordinances as street cars; and for other purposes. The following Senate amendment to House Bill No. 282 was read: The Senate amends House Bill No. 282 by adding to Section II thereof the following: "Provided that nothing herein contained shall exempt such motor buses, trackless trolleys of any taxes or licenses of any kind now imposed by law." Mr. Dunaway of DeKalb moved that the House disagree to the Senate amendment, and the motion prevailed. Mr. Dunaway of DeKalb moved that a Conference Committee be appointed on the part of the House to confer with a like Committee on the part of the Senate on House Bill No. 282, and the motion prevailed. The Speaker appointed as a Committee of Conference on House Bill No. 282, the following members of the House, to-wit: Messrs. Candler, Turner, and Dunaway of DeKalb. The Speaker appointed as a Committee to escort the Governor to the Joint Session, the following members of the House, to-wit: Messrs. Blease of Brooks, Elliott of Muscogee, and Culpepper of Fayette. UnP,er the order of business established by the Committee on Rules, the following bill of the Senate was again taken up for consideration: By Senator Campbell of the 34th District- Senate Bill No. 211. A bill to be entitled an Act to provide that no apprOpriation shall become available to any spending agency of the state so long as there remains an amount due and unpaid to any local school unit; and for other purposes. The following Committee substitute to Senate Bill No. 211 was read: The Committee on the State of Republic substitutes Senate Bill No. 211, as follows: A BILL To be entitled an Act to provide that no appropriations shall become available to any spending agency of the State until all local school units have received their pro rata part of any amount due and unpaid under the provisions of the "Act to Equalize Educational Opportunities Throughout the State; etc." Approved February 10, 1937, (Ga. Laws 1937, pages 882-892); and for other purposes. JOURNAL OF THE HOUSE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME. SECTION I. That from and after the passage of this Act, no appropriation shall become available to any department, officer, bureau, board, commission, or institution receiving and expending State monies until all local school units have received their pro rata part of any amount due and unpaid under the provisions of the "Act to Equalize Educational Opportunities Throughout the State; etc." approved February 10, I9J7, (Ga. Laws I937, pages 882-892.) SECTION 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. The previous question was ordered. The main question was ordered. The Committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to. On the passage of the bill, by substitute, the ayes were I I6, the nays 2. The bill having received the requisite constitutional majority was passed, by substitute. The hour of convening the Joint Session of the House and Senate having arrived, the Senate appeared on the floor of the House, and the Joint Session convened for the purpose of hearing a message from the Governor, was called to order by Hon. Charles D. Redwine, President of the Senate. The Secretary of the Senate read the resolution providing for the Joint Session. Accompanied by the Committee of Escort, Mrs. Talmadge, and other distinguished guests, the Governor appeared on the floor of the House and delivered an address. Mr. Culpepper of Fayette moved that the Joint Session of the House and Senate do now dissolve, the motion prevailed, and the Joint Session was dissolved. The Speaker called the House to order. The following Conference Committee Reports were submitted and read: Mr. Speaker: Your Committee on Conference on House Bill No. 4I7 make the following report: Your committee has been unable to agree, and since this is a local bill and the SATURDAY, MARCH 22, 1941 senator and representative will never be able to agree we recommend that no further committee be appointed on the part of the house. On the part of the House WALTER HARRISON of Jenkins, J. RoY McCRACKEN of Jefferson. P. C. RossEE of Putnam, On the part of the Senate J. 0. WALL, A. w. DAUGHTRY, GEO. A. ADAMS. Mr. Speaker: Your Committee on Conference on House Bill No. 455 make the following re- port: Your committee has been unable to agree, and since this is a local bill and the senator and representative will never be able to agree we recommend that no further committee be appointed on the part of the house. On the part of the House WALTER HARRISON of Jenkins, J. RoY McCRACKEN of Jefferson, P. C. RossEE of Putnam. On the part of the Senate J. 0. WALL, A. W. DAUGHTRY, GEo. A. ADAMS. The following resolutions of the House were read and adopted: By Messrs. Rogers of Floyd, Gowen of Glynn, Ferguson of Camden, Mavity of Walker, and Williams of Bacon- House Resolution No. 184. A RESOLUTION Be it resolved that the members of the House of Representatives of the General Assembly of Georgia, do hereby express our confidence in the Honorable Ellis Arnall, the Attorney General of Georgia, who has so faithfully and unselfishly served not only the members of this body but the people of the State as well, and who has so faith- JOURNAL OF THE HOUSE, fully discharged the duties of his office, as imposed upon him by law and by the executive department. By Mr. Swint of Spalding- House Resolution No. 185. A RESOLUTION WHEREAS there are a number of new members of the House at this session who are unfamiliar with all of the rules of the House and with the parliamentary prOcedure of same, and WHEREAS, most of the members are not familiar with all of the rules, and WHEREAS, we are most fortunate in having in this General Assembly, a member, who, by his alertness, and perception, has caused to be read, most o.J the rules of the House, thereby causing the members to become familiar with the rules, and the general Parliamentary Procedure, therefore, BE IT RESOLVED, that this House extend its thanks to the Honorable W. Harley Jones, the Gentleman from Brantley for his thoughtfulness and consideration for the new members especially and for the membership as a whole, for the aforesaid thoughtfulness. BE IT FURTHER RESOLVED that a copy of this resolution be given to Mr. Jones. By Mr. Dunaway of DeKalbHouse Resolution No. 186. A RESOLUTION BE IT RESOLVED, that this House extend to the gentleman from Meriwether, Mr. Hatchett and the gentleman from Brantley, Mr. Jones, our heartfelt thanks and appreciation for their wonderful service on this the last night of the present session by giving to them and each of them a rising vote of confidence and thanks. The following message was received from the Senate through Mr. Camp, 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. Drinkard of Lincoln, Pannell of Murray, and Evans of McDuffieHouse Bill No. 141. A bill to promote public safety by providing for the exa- mination and licensing by the State Fire Inspector of operators of machinery used in projection booths of licensed motion picture theatres operated for profit, and for other purposes. The Senate has concurred in the House amendment to the following bill of the Senate, t<>-wit: SATURDAY, MARCH 22, 1941 By Senator Clark of the 44th District- Senate Bill No. 74 A bill to amend an Act entitled "An Act to promote temperance and prosperity for Georgia people; etc." approved March 23, 1935 by providing for the licensing of retail dealers and by providing for a license tax on retail dealers by county and municipal authorities; and for other purposes. The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Messrs. Drinkard of Lincoln, Pannell of Murray, and Evans of McDuffie- Hause Bill No. 141. A bill to be entitled an Act to promote public safety by providing for the examination and licensing by the State Fire Inspector of certain machinery; and for other purposes. The following Senate amendment to House Bill No. 141 was read: The Senate moves to amend House Bill No. 141 as follows: By striking Section 5 and inserting in lieu thereof the following: SECTION 5 This Act shall not apply to cities having a population by the last United States census of more than ten thousand by the 1940 United States census or any future census of the United States or to cities or municipalities or political sub-divisions now licensing said operators. By inserting at the end of Section 6, a new section to be known as Section 6B as follows: Six months after the approval of this Act it shall be unlawful for any person or persons to operate machinery used in the projection booths of licensed motion picture theatres operated for profit unless said person or persons have secured a license as herein provided. Provided, however, that nothing in this Act shall apply or affect any municipality, county, or political sub-division of this State now having laws and ordinances regulating the examination and licensing of operators of motion picture machinery. Mr. Fowler of Douglas moved that the House disagree to the Senate amendment and the motion prevailed. Mr. Fowler of Douglas moved that a Conference Committee be appointed on the part of the House to confer with a like Committee on the part of the Senate on House Bill No. 141, and the motion prevailed. The Speaker appointed as a Conference Committee on the part of the House the following members, to-wit: Messrs. Fowler of Douglas, Drinkard of Lincoln, and Pannell of Murray. JOURNAL OF THE HOUSE, The following bill of the House was taken up for the purpose of considering the Senate amendment thereto: By Messrs. Atkinson of Chatham, Candler of DeKalb, Strickland of Haralson and Kea of Laurens- House Bill No. 246. A bill to be entitled an Act to limit the time for enforcing Deeds to secure Debt on Real Property; and for other purposes. The following Senate amendment to House Bill No. 246 was read: The Senate amends House Bill No. 246 as follows: By adding a new section, as Section 8, and renumbering Section 8 and 9 to 9 and 10. Provided however this Act shall not apply in those cases where the grantor, or his successors in possession, have surrendered possession of the property described in such deed to secure debt, to the grantee or his successors in title in settlement of said indebtedness. Mr. Atkinson of Chatham moved that the House agree to the Senate amendment. On the motion to agree, the ayes were 125, the nays o. The amendment having received the requisite majority was agreed to. The following resolution of the House was read and lost: By Messrs. Davis of Coweta, Hand of Mitchell, Pickett of Pickens, Yawn of Dodge, and Pittman of Berrien- House Resolution No. 18_7. A resolution providing that the Committee of the House to Investigate alleged Labor Rackets in Georgia shall continue to function and report its _investigation to the next session of the General Assembly; and for other purposes. Mr. Kendrick of Fulton arose to a question of personal privilege and addressed the House. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate insists on its amendment to the following bill of the House, to-wit: By Mr. Turner of DeKalb- House Bill No. 282. A bill so as to make the operation of trackless trolleys sub- ' ject to the same municipal ordinances, rules and regulations, and subject to the same taxes and basis of allocation thereof between counties as is now required by the law of street railways; and for other purposes. The President has appointed as a conference committee to act with a like committee of the House, the following Senators: SATURDAY, MARCH 22, 1941 Senators: Couch of the 52nd District, Campbell of the 34th District, Coker of the 39th District. Under the order of business established by the Committee on Rules, the following bill of the Senate was taken up for consideration and read the third time: By Senator Drake of the 8th District- Senate Bill No. 95 A bill to be entitled an Act to abolish the fee system now existing in the Superior Courts in the Pataula Judicial Circuit, as applied to the office of Official Court Reporter; and for other purposes. The previous question was ordered. The main question was ordered. . The report of the committee, which was favorable to the passage of the bill, was re~~ On the passage of the bill, Mr. Mims of Miller moved the ayes and nays, and the call was not sustained. On the passage of the bill, the ayes were 89, the nays 26. The bill having failed to receive the requisite constitutional majority was lost. The following Conference Committee Report was submitted and read: Mr. Speaker: Your Committee on Conference appointed on House Bill No. 282 beg to submit the following report: We recommend that the Senate recede from its position on insisting to its amendment to House Bill No. 282 and that the amendment attached hereto be adopted instead. Respectfully submitted, On the part of the House, CANDLER of DeKalb TuRNER of DeKalb DuNAWAY of DeKalb On the part of the Senate, CAMPBELL of the 34th District. CoKER of the 39th District. CoucH of the 52nd District. JOURNAL OF THE HOUSE, By amending Caption of House Bill No. 282 by adding thereto after the words 'street railroads" and before the words "and for other purposes" the following: "Provided that nothing herein contained shall exempt trackless trolleys and the operations thereof from any other taxes or licenses now imposed by law; and, provided further that nothing herein contained shall be construed to amend, modify or repeal the Act of the General Assembly of Georgia, Approved March 30, 1937, (Georgia Laws, 1937, page 798) relating to substitution of trackless trolleys for street railway systems or parts thereof." By amending Section 2 of said bill by adding at .the end thereof and as a part thereof, the following: 'Provided that nothing herein contained shall exempt trackless trolleys and the operations thereof from any other taxes or licenses now imposed by law; and provided further that nothing herein contained shall be construed to amend, modify or repeal an Act of the General Assembly of Georgia, approved March 30, 1937, (Georgia Laws, 1937, page 798) relating to substitution of trackless trolleys for street railway systems or parts thereof, and, provided further that nothing in this Act shall ever be construed to impair any valid, subsisting contract or ordinance contract now in existence between any municipality and any electric, street, suburban or interurba_n railroad company; and, provided further that the Public Service Commission shall not have the power of authority to increase, or authorize the increase of, in respect to such substituted service, fares which have heretofore been fixed by contract or ordinance contract on the line or lines on which such trackless trolleys may be so substituted; which fares shall, in all respects, appertain and apply to such substituted service when thus inaugurated." Mr. Turner of DeKalb moved that the Conference Committee Report be adopted. On the motion to adopt, the ayes were 129, the nays o. The Conference Committee report having received the requisite majority was adopted. The following resolution of the House was again read: By Mr. Brinson of Chattooga- House Resolution No. 151. A resolution memorializing Congress to reenact the Eighteenth Amendment to the United States Constitution; and for other purposes. On the adoption of the resolution, Mr. Bradbury of Oconee moved the ayes and nays. Mr. Jones of Brantley moved that the resolution be tabled. On the motion to table, Mr. Whipple of Bleckley moved the ayes and nays and the call was not sustained. On the motion to table, the ayes were 86, the nays 34 The resolution was tabled. SATURDAY, MARCH 22, 1941 The following message was received from the Senate through Mr. Camp the Secretary thereof: Mr. Speaker: The Senate insists on its amendment to the following bill of the House, ta-wit: By Mr. Evans of McDuffie- Hause Bill No. 289. A bill to confer upon and vest in the Georgia Public Service Commission jurisdiction, power, and authority to prescribe rates; and for other purposes. The President has appointed as a Committee on Conference to act with a like committee from the House, the following Senators: Senators: Bargeron of the 17th District, Burnside of the 29th District, Lanier of the 18th District. The Senate insists on its amendment to the following bill of the House, ta-wit: By Messrs. Drinkard of Lincoln, Pannell of Murray, and Evans of McDuffie- Hause Bill No. 141. A bill to promote public safety by providing for the examination and licensing by the State Fire Inspector of certain machinery, etc.; and for other purposes. The President has appointed as a Committee on Conference to Act with a like committee from the House, the following Senators: Senators: Edenfield of the 4th District, Drake of the 8th District, Steed of the 43rd District. The Senate has passed by substitute by the requisite constitutional majority, the following bill of the House: By the Fulton Delegation- House Bill No. 102. A bill to amend an Act to give all courts having jurisdiction in felony and misdemeanor cases, authority in certain cases so as to mold their sentences as to allow defendants to serve same outside the confines of the chaingang; and for other purposes. The following bill of the House was taken up for the purpose of considering the Senate substitute thereto: By Mrs. Mankin~and~Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 102. A bill to be entitled an Act to amend an Act approved August 16, 1913 to give all courts having jurisdiction in felony and misdemeanor JOURNAL OF THE HOUSE, cases, authority in certain cases so as to mold their sentences as to allow defendant, upon a rendition of a verdict of guilty, to serve same outside the confines of the chaingang; and for other purposes. The following Senate substitute to House Bill No. I02 was read: A BILL To be entitled an Act to amend an Act approved August I6, I9I3, entitled "An Act to give all Courts having jurisdiction in felony and misdemeanor cases in the State of Georgia, authority in certain cases so to mold their sentences as to allow defendants, upon a rendition of a verdict or judgment of guilty, to serve same outside the confines of the chaingang, jail or other place of detention, under the supervision of the court, to prescribe conditions which the court may impose upon such persons, herein known as probationers: etc.," (Acts I9I3 p. I I2), as now embodied in title 27 (Criminal Procedure) Part 7 (After Conviction and Sentence) Sections 27-2702, 2703, 2704, 2705 of the Code of Georgia of I933, by adding a new Section, so as to authorize the Courts where the defendant has been convicted or pled guilty to the offense of abandonment or bastardy to impose suspended sentence thereon and to empower the County Probation Officer to supervise and enforce the terms provided in said suspended sentence for the support and maintenance of the child or children abandoned or for the support of illegitimate child or children, and to further provide that said County Probation Officer, upon specific order of the Judge of the Superior Court shall have authority to collect and disburse payment of alimony for the support of wife, and child or children, to amend Section 74-9902, of the Code of Georgia of I933 The same being an Act defining the offense of abandonment of child, fixing a penalty for said offense, providing that a wife shall be a competent witness in such cases, defining the words "DEPENDENT CONDITION," to provide for separability, 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 I. The Act approved August I6, I9I3 (Georgia Laws I9I3, page II2) as now embodied in Title 27 (Criminal Procedure) Part 7 (After Conviction and Sentence) Sections 27-2702, 2703, 2704, 2705, of the Georgia Code of I933, entitled "An Act to Give all Courts jurisdiction in Felony and Misdemeanor cases in the State of Georgia authority in certain cases, so to mold their sentences as to allow defendants, upon a rendition of a verdict or judgment of guilty, to serve same outside the confines of the chaingang, jail or other place of detention, under the supervision of the court, to prescribe conditions which the court may impose upon such persons, herein known as probationers, etc." be, and is hereby amended by adding at the end of Section I of said aforesaid Act (as now embodied in Section 27-2702 of the Code of I933) the following, to be known as Section I (a) and to be known as Section 27-2702 (a), Code of I933, to-wit: "In all prosecutions for the offense of abandonment or bastardy, where the defendant has been convicted either upon a trial or upon his plea, the Court passing sentence upon such defendant may suspend such sentence in its discretion, upon such SATURDAY, MARCH 22, 1941 terms providing for the support and maintenance of the child or children abandoned, during its or their minority, or for the illegitimate child or children until it or they reach the age of 14, as the case may be, and by order refer such cases to the County Probation Officer, who is hereby authorized and empowered to supervise and enforce the terms provided in said suspended sentence for the support and maintenance of the child or children abandoned or for the support of illegitimate child or children, during the term of the suspended sentence, and further that said County Probation Officer shall, when ordered to do so by a judge of the Superior Court, in any specific case, collect and disburse moneys as directed, alimony for the support of his wife and child or children, which may be awarded by such judge in any case or proceeding pending in such Superior Court". SECTION 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 74-9902 of the Code of Georgia of 1933, defining the offense of Abandonment of Child, fixing a penalty for said offense, providing that a wife shall be a competent witness in such cases, and for other purposes, be amended by adding at the end of said Section as it now reads, the following words: "The offense of Abandonment shall be and is herebv declared to be a continuing offense. Former acquittal or conviction of said offense.shall not be a bar to further prosecution therefor under this section, if it shall be made to appear that said child was in a dependent condition as defined herein for a period of thirty days prior to the commencement of prosecution," so that as amended said Code Section shall read as follows: "74-9902 (1 16 P. C.) Abandonment of child. Wife as witness 'Dependent condition'. If any father shall wilfully and voluntarily abandon his child, leaving it in a dependent condition, he shall be guilty of a misdemeanor. The wife shall be a competent witness in such cases, to testify for or against husband. A child thus abandoned by the father shall be considered to be in a dependent condition when the father does not furnish sufficient food and clothing for the needs of the child. The offense of Abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section, if it shall be made to appear that said child was in a dependent condition as defined herein for a period of thirty days prior to the commencement of prosecution." SECTION 3 Be it further enacted that if any Section, clause or phrase of this Act shall for any reason be declared unconstitutional, void or illegal, said Act shall otherwise be held valid as if such unconstitutional void or illegal section, clause or phrase had not been included herein. SECTION 4 This Act shall become effective immediately upon approva thereof and all laws and parts of laws in conflict are hereby repealed. Mrs. Mankin of Fulton moved that the House agree to the Senate substitute. On the motion to agree, the ayes were 129, the nays I. The Senate substitute was agreed to. JOURNAL OF THE HOUSE, The following Conference Committee Report was submitted and read: Report of Conference Committee on House Bill No. 289. The undersigned Conference Committee duly appointed from the Senate and the House of Representatives to consider House Bill No. 289 and the amendment thereto offered by J. J. Bargeron, do recommend that the Senate insist on said amendment and disagree with the action of the House of Representatives in rejecting the amendment. This 22nd day of March, 1941. Senators: Burnside of the 29th District, Bargeron of the 17th District, Lanier of the 18th District. Messrs: Hand of Mitchell, Lewis of Burke, Wells of Burke. Members of Conference Committee. Mr. Hand of Mitchell moved that the Conference Committee Report be adopted. On the motion to adopt, the ayes were 133, the nays o. Mr. Hand of Mitchell moved that the House recede from its disagreement to the Senate amendment to House Bill No. 289, and the motion prevailed. Mr. Hand of Mitchell moved that the House agree to the Senate amendment to House Bill No. 289. On the motion to agree, the ayes were 175, the nays o. The Senate amendment having received the requisite majority was agreed to. Under the order of business established by the Committee on Rules, the following resolution of the Senate was taken up for consideration and read the third time: By Senators Burnside of the 29th, Edenfield of the 4th, Kirkland of the 49th, and Clark of the 44th Districts- Senate Resolution No. 34-117A. A resolution to appoint a committee of five, three from the House and two from the Senate to study the laws and forms of taxations adopted by other Southern states, and to report to the next session of the General Assembly; and for other purposes. The resolution was tabled. By unanimous consent, the following resolution of the Senate was taken up for consideration and read the third time: SATURDAY, MARCH 22, I94I I42I By Senator Fortson of the 5oth District- Senate Resolution No. 43-I4. A resolution that the Highway Department be allowed to make the Roads and Revenues of Wilkes County such restitution as may be allowed under the present laws; and for other purposes. Mr. Turner of DeKalb moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the adoption of the resOlution, was agreed to. On the adoption of the resolution, the ayes were IJO, the nays o. The resolution having received the requisite constitutional majority was adopted. The House adopted the following resolution: By Mr. Culpepper of Fayette- House Resolution No. I88. Resolved that the Speaker of the House appoint a Committee of five to notify the Governor that the House is ready to adjourn sine die. The Speaker appointed as a Committee the following members t<>-wit: Messrs. Blease of Brooks, Bloodworth of Bibb, Hand of Mitchell, Wren of Glascock, and Strickland of Haralson. 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 Franklin of the 38th District- Senate Bill No. I I I. A bill to be entitled an Act to amend Section 88-JOI of the Code which provides how the so-called Ellis Health Law may be made operative in any county; and for other purposes. The previous question was ordered. 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 I4o, the nays 2. The bill having received the requisite constitutional majority was passed. By Senator Dobbs of the 2:2nd District- JOURNAL OF THE HOUSE, Senate Bill No. I07. A bill to be entitled an Act to amend an Act so as to further provide the method of obtaining leave to sell property set apart as a year's support and in which minor children have an interest; and for other purposes. The previous question was ordered. 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 I I 8, the nays o. The bill having received the requisite constitutional majority was passed. By Senator Couch of the 52nd DistrictSenate Bill No. I37 A bill to be entitled an Act to amend Chapter 32-25 of the Code, authorizing County Commissioners or Ordinaries to carry on schools for instructing adult illiterates, by also vesting County Boards ofEducation with the power to establish and conduct such schools; and for other purposes. Mr. Pittman of Berrien moved the previous question, the call was sustained and the main question ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were I23, the nays 1. The bill having received the requisite constitutional majority was passed. By Senator Couch of the pnd District- Senate Bill No. I38. A bill to be entitled an Act to amend Section 32-240I of the Code, relating to the powers and duties of the State Board of Education with respect to adult illiteracy; and for other purposes. The previous question was ordered. 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 III, the nays 1. The bill having received the requisite constitutional majority was passed. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit: SATURDAY, MARCH 22, 1941 By Mrs. Mankin, Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 25. A bill to amend the code so as to eliminate the necessity of maintaining grantee index of instruments relating exclusively to personal property; and for other purposes. By Mrs. Mankin, Messrs. Etheridge, and Kendricks of Fulton- House Bill No. 28. A bill relating to the duty of clerks of the Superior Courts to keep an execution docket which shows the names of the parties and their attorneys, etc., and to repeal same; and for other purposes. By Messrs. Yawn and Jones of Dodge- House Bill No. 587. A bill to amend Section 39-1103 of the Civil Code of Georgia, 1933, Providing how and by whom the official organ shall be selected; and for other purposes. By Mr. Strickland of Haralson- House Bill No. 624. A bill to amend an Act fixing the salary of the County Treasurer of Haralson County, striking therefrom the words three hundred ($300.00) per annum payable monthly and inserting in lieu thereof six hundred ($6oo.oo) dollars per annum payable monthly; and for other purposes. By Messrs. Elliott and Wohlwender of MuscogeeHouse Bill No. 657. A bill to regulate the sale or distribution of fireworks in every county in the State of Georgia; and for other purposes. By Messrs. Elliott and Wohlwender ofMuscogee- House Bill No. 66o. A bill to. confer the right of eminent domain for the purpose of laying water mains and pipes and sanitary sewer lines upon all Counties in this State, having a certain population according to census; and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 675. A bill to amend the Act approved December 3rd, 1937, creating a board of commissioners of roads and revenues for the County of Montgomery; and for other purposes. By Mr. Warnock of Montgomery- House Bill No. 676. A bill to repeal the Act creating a new board of commissioners of roads and revenues for the County of Montgomery, etc.; and for other purposes. By Mr. Hardman of Madison- House Bill No. 710. A bill to amend an Act abolishing the office of tax-receiver and tax-collector of Madison County, to fix the term and compensation of said officers; and for other purposes. By Mr. Allison of Gwinnett- JOURNAL OF THE HOUSE, House Bill No. 742. A bill tu amend an Act entitled "An Act to fix the salary of the Treasurer of Gwinnett County"; and for other purposes. By Mr. Miller of Lanier- Hause Bill No. 743 A bill to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier by changing the salary and compensation of members of said Board; and for other purposes. By Mr. Dean of Rockdale County- House Bill No. 752 A bill to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Rockdale; and for other purposes. By Messrs. Hunnicutt and Price of Clarke County- House Bill No. 754 A bill to amend an Act of the Legislature of Georgia, and entitled "An Act to establish a City Court in the County of Clarke, approved September 9, 1879," and to amend all the various Acts amendatory thereof, so as to provide when the Judge and Solicitor of said Court, being now the City Court of Athens, shall be elected; and for other purposes. By Mr. Heard of ElbertHouse Bill No. 759 A bill to require the payment of fees of clerks and sheriffs of the Superior Court in Divorce cases in Elbert County; and for other purposes. By Mr. Harrison of Jenkins CountyHouse Bill No. 761. A bill to amend an Act approved March 24, 1939, entitled an Act to create a new Charter for the City of Millen, in the County of Jenkins, and to reincorporate said City and define its territorial limits; and for other purposes. By Messrs. McNall, Grayson, and Atkinson of Chatham County- House Bill No. 763. A bill to amend the Highway Mileage Act to provide additional mileage on a new road to be constructed across the Savannah River in Chatham County, when and as determined by the Engineers of the United States and the State Highway Department; and for other purposes. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton- House Bill No. 765. A bill to amend an Act establishing a new Charter for the City of Atlanta, approved February 28th, 1874, and the several Acts amendatory thereof; and for other purposes. By Mrs. Mankin, Messrs. Etheridge, and Kendrick of Fulton- House Bill No. 766. A bill to define the word "Fireworks" as applied in counties of 200,000 or more; and for other purposes. By Mr. Kendrick, Mrs. Mankin, and Mr. Etheridge of Fulton County- House Bill No. 767. A bill to amend the Pension Act of the City of Atlanta. By Messrs. Smitha and Smith of Carroll- SATURDAY, MARCH 22, 1941 House Bill No. 768. A bill to amend an Act creating the City Court of Carrollton; and for other purposes. By Messrs. Maddox, Hicks, and Rogers of Floyd- House Bill No. 770. A bill to amend an Act entitled "An Act to amend an Act creating a new Charter and municipal government for the City of Rome, define the corporate limits thereof"; and for other purposes. By Messrs. Joiner of Cook, and Connell of Lowndes- House Bill No. 714. A bill to propose to the qualified voters of Georgia an amendment so as to authorize the County of Cook to incur a bonded indebtedness; and for other purposes. By Messrs. Roberts and Allison of Gwinnett- House Resolution No. 127-727A. A resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, to authorize the Sunny Hill Consolidated School District of Gwinnett County to incur a bonded indebtedness, etc.; and for other purposes. By Messrs. Jones and Yawn of Dodge County- House Resolution No. 131-742B. A resolution to propose to the qualified voters of this State for ratification or rejection an amendment to Article 7, Section 7, Paragraph I of the Constitution so as to authorize the issuance of funding bonds for the retirement of county warrants or other legal indebtedness of the County of Dodge; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House, ta-wit: By Mr. Welsch of Cobb- House Bill No. 161. A bill to repeal Section 27-2512 of the Code, pertaining to electrocutions, so as to provide for the executions of persons sentenced to the punishment of death by the administration of lethal gas as a substitute for electrocution; and for other purposes. By Messrs. Simmons and Mills of Decatur- House Bill No. 192. A bill to amend an Act of the General Assembly amending the Income Tax Laws by providing certain exemptions from the operation of the said act; and for other purposes. By Mr. Maund of Talbot- House Bill No. 252. A bill to amend Section 59-105 of the Code which provides for the compensation of Commissioner and Clerks for revising Jury Lists by striking JOURNAL OF THE HOUSE, the figure ~2.00 and substituting in lieu thereof the figure ~J.oo, so that the pay of Jury Commissioners shall be increased from ~2.00 for a day's service to ~3.00; and for other purposes. By Mr. Pittman of Berrien- House Bill No. 321. A hill to prohibit the use or handling of poisonous snakes or reptiles in such a manner as will endanger the health or safety of the public or any member thereof; and for other purposes. By Messrs. Hicks of Floyd and Roughton of Washington- House Bill No. 366. A bill to amend an Act to provide for the establishment of the Department of Labor by increasing the term of office of the Commissioner from two to four years; and for other purposes. By Messrs. Bates and Williams of Ware and Kea and Lovett of Laurens- House Bill No. 404. A bill to amend an Act known as the General Tax Act by revising Paragraph 81 relating to the tax levied against packing houses, brokers and butcher plants; and for other purposes. By Messrs. Pickett of Pickens and Yawn of Dodge- House Bill No. 668. A bill to regulate strikes, slow-downs, and stoppage of work; to prohibit strikes except after certain written notices; to prohibit the calling of strikes by labor organizations having minority representation; and for other purposes. By Messrs. Elliott of Muscogee and Brinson of Chattooga- House Bill No. 391. A bill to provide an alternative method for trial and correction of errors of law by the Supreme Court and Court of Appeals; and for other purposes. By Mr. Kennedy ofTattnall- House Bill No. 492. A bill to establish State standards of weights andlmeasures; and for other purposes. By Messrs. Anderson of Wayne and Rowland of Johnson- House Bill No. 698. A bill to amend an Act so as to authorize the several counties to levy a tax each year for the conservation of natural resources, etc.; and for other purposes. By Mr. Mixon oflrwin- House Bill No. 750. A bill to amend the Revenue Tax Act so as to provide for the calling of another election upon a petition signed by thirty-five per cent of the registered voters; and for other purposes. By Mr. Wells of Clayton- SATURDAY, MARCH 22, I94I House Resolution No. J2-IJ7A. A resolution to provide for compensating Robert Coleman for the time he served on the State Chaingang for an offense which he did not commit; and for other purposes. By Messrs. Evans of McDuffie and Smith of Hall- House Resolution No. 36-I37E. A resolution proposing an amendment to the Constitution so as to increase the civil jurisdiction of Justices of the Peace in this State; and for other purposes. By Messrs. Lester, Harris and Jones of Richmond- House Resolution No. I03-593A. A resolution to designate route traveled by General Joe Wheeler through Georgia, during the War Between the States as the Joe Wheeler Highway. By Messrs. Chastain and Hart of Thomas- sC. House Resolution No. I 2J-7I A resolution by the House of Representatives, the Senate concurring, that the sum of Five Thousand Seven Hundred and no/Ioo dollars be and is hereby appropriated to be paid to Thomas County and the Governor is hereby authorized and directed to draw his warrant for the same out of any funds in the Treasury of the State. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the House, to-wit: By Messrs. Culpepper of Fayette and Elliott of Muscogee- House Resolution No. I 88. A resolution providing for a joint committee of the Senate and House to notify the Governor that the General Assembly has completed its business and stands ready to adjourn sine die. By Messrs. Culpepper of Fayette and Elliott of Muscogee: House Resolution No. I89. A resolution proposing that the General Assembly do now stand adjourned sine die. The Senate has adopted the report of the Conference Committee on the following bill of the House, to-wit: By Mr. Turner of DeKalb- House Bill No. 282. A bill to make the operation of trackless trolleys subject to the same municipal ordinances and taxes as is now required by the law of street railroads; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: JOURNAL OF THE HOUSE, Mr. Speaker: The Senate has concurred in the House substitute to the following bill of the Senate, to-wit: By Senator Campbell of the 34th District- Senate Bill No. 21 I. A bill to provide that no appropriation shall become available to any spending agency of the State so long as there remains an amount due and unpaid to any local school unit under the provisions of the "Act to Equalize Educational Opportunities throughout the State, etc."; and for other purposes. The following message was received from the Senate through Mr. Camp, the Secretary thereof: Mr. Speaker: The Senate concurred m the House amendment to the following bill of the Senate, to-wit: By Senator Campbell of the 34th District- Senate Bill No. 200. A bill to amend an Act approved March 19, 1927 (Ga. Laws 1937, pp. 322-355), creating a Department of Public Safety and defining the powers and duties thereof; and for other purposes. The following communication was filed with the Clerk: Randall Evans, Jr. Speaker House of Representatives Atlanta, Ga. Honorable Joe Boone, Clerk House of Representatives State Capitol Atlanta, Georgia Dear Joe: I wish to appoint Mr. Robert Heard, of Elbert County, as a member of the special committee of the House to investigate Game and Fish, the resolution for which provides that one member must be from the Committee on Conservation. I am therefore, appointing Mr. Heard as a member of the Committee on Conservation if that be necessary to make the appointment valid since he is not already on the committee. SATURDAY, MARCH 22, 1941 I am likewise appointing Mr. Ferguson of Sumter as a member of the Committee on Enrollment if that be necessary for him to be on the Sub-Committee of the Committee on Enrollment. Very truly yours, Randall Evans, Jr. Mr. Mills of Decatur County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker: The Committee of the House on Engrossing has examined the Engrossed Bills and Resolutions <1nd found them correct. Respectfully submitted, E. M. Mills of Decatur, Chairman. Mr. Hooks of Emanuel County, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker: The Committee of the House on Enrollment has examined the Enrolled Bills and Resolutions and found them correct. Respectfully submitted, Hooks of Emanuel, Chairman. The House adopted the following resolution of the House: By Mr. Culpepper of FayetteHouse Resolution No. 189. Resolved that this House now stand adjourned sine die. The Speaker announced the House adjourned sine die. Index to JOURNAL of HOIJSE OF REPRESENTATIVES TEN DAY-REGULAR SESSION 1941 PART I.-HousE BILLS AND RESOLUTIONS PART II. HousE RESOLUTIONS PART III. SENATE BILLS AND RESOLUTIONS PART IV.-SENATE RESOLUTIONS INDEX PART I HOUSE BILLS AND RESOLUTIONS A ABANDONMENT (See Amendments to Code)- 529-0f child, wife competent witness....................... 480,1062 ACCOUNTANTS AND ACCOUNTING (See Auditors and Auditing)- 509-Appointment members Board of....................... 458,6ro ADDRESSES- Governor Eugene Talmadge ............................... . 33 Governor Eugene Talmadge ............................... . 132 Tallulah Bankhead....................................... . 416 Ernest Neal ............................................. . Dr. J. Frank Norris ...................................... . 497 594 ADMINISTRATORS, FIDUCIARIES, GUARDIANS (See Amendments to Code) (Trusts)- 724-Change time filing annual returns . . . . . . . . . . . . . . . . . . . . . . 8or ADOPTION (See Amendments to Code)- ADVERTISING (See Amendments to Constitution)297-0utdoor, repeal act regulate. . . . . . . . . . . . . . . . . . . . . . . . . . . ADVISORY BOARD138-Act with county authority, provide.................... . 235,288 ,J8 5 AGRICULTURE AND AGRICULTURAL PRODUCTS (See Appropriations) (Milk Control Board) (Taxes and Tax Laws) (Vending Devices)- 49-Uniform seed law, provide ................... sr, r4r ,254489,490, 1295 6o-Uniform seed law, provide............................. 57 68-Unlawful buy with paying for ......................... s8,I7I,172,622 82-Regulate sale of seeds................................. 63 8s-Define seeds, require label.. . . . . . . . . . . . . . . . . . . . . . . . . . 63,64 98-Lint cotton, require marking bales. . . . . . . . . . . . . . . . . . . . . 65 207-Livestock, record sale purchase . . . . . . . . . . . . . . . . . . . . . . . . r 50, 58 5 279-State buy Georgia Products . . . . . . . . . . . . . . . . . . . . . . . . . . . 215,410 286-Tobacco, maximum charge selling...................... 234,255 372-Naval stores, inspector................................ 314,4II,455 523-Livestock, license dealers in. . . . . . . . . . . . . . . . . . . . . . . . . . . 479,480 576-Cattle, regulate buying, selling . . . . . . . . . . . . . . . . . . . . . . . . 576 AGRICULTURE, DEPARTMENT OF- 734-Duties of, transfer to Regents. . . . . . . . . . . . . . . . . . . . . . . . . 848 AIRPORTS (See Aviation Corps, State Defense)4Ir-Highway Board construct, maintain.................... 354485, uo8 INDEX I433 ALCOHOL AND ALCOHOL BEVERAGES- 209-Sale of, place under State............................. I5I 247-Confiscated vehicles, amend law. . . . . . . . . . . . . . . . . . . . . . . I94,485 248-Repeal act legalizing.................................. I94,383 2362,754 302-lncorporation of Banks............................... 24S,316,S95 303-Brunswick circuit, court reporter....................... 24S,329,699 304-Holidays, dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24S, 277, 1077 31 I-Lawyers, professional tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26S 3I 5-School bonds, proceeds how used. . . . . . . . . . . . . . . . . . . . . . . 269, 5S 5, S3I 316-Commissions, tax receivers, collectors................... 269 327-School districts, consolidation. . . . . . . . . . . . . . . . . . . . . . . . . 271,411 32S-School districts, tax elections. . . . . . . . . . . . . . . . . . . . . . . . . . 271,411 331-Fresh water fish, taking... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 332-County board education, appointment.................. 272,3oS 341-Land registration, fees of officers. . . . . . . . . . . . . . . . . . . . . . . 297 349-Workmen's Compensation, define...................... 299 357-Insolvent banks, paying debts. . . . . . . . . . . . . . . . . . . . . . . . . 300,515 36o-Foreclosure, pauper affidavits.......................... 300,515 371-Liens, inn-keepers, hospitals ........................ 314,4S5, 1037, Io6S 3S1-Sunday fishing, make legal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 ,3S4, 1249 392-Transportation, pupils, teachers ................. 323 , 324, 3S4, II 10, II63 395-Notary Public fees, to Librarian....................... 324,609,S74 396-State Librarian, salary............................... 324,609,S75 403-Elections, how, when held............................. 325,3S4 4cor-Shrimp, shad fish, taking ........................... 326,3S4,3S5, 12S5 INDEX 1435 Amendments to Code (Continued). 4I6-Adoption, investigation, report........................ 3S55I5,843 423-Auditor, General Assembly elect . . . . . . . . . . . . . . . . . . . . . . . 377 426-Processioners, returns by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377,609 429-Motor Fuel Tax, distribution.......................... 377 439-lncome tax, define resident ........................ 379 727, II43, 1383 4So-0bscene literature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401,748 458-Checks drawn without funds. . . . . . . . . . . . . . . . . . . . . . . . . . 402 464-]ury Commissioners, duty............................. 403,6Io 466-School superintendent, compensation................... 403,446,462 469-Dfficial organ, selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420 47S-State Board Education, power, duties. . . . . . . . . . . . . . . . . . 42I ,462 476-Adult illiterates, instruction. . . . . . . . . . . . . . . . . . . . . . . . . . . 42I ,462 48S-Garnishment, exemption of wages. . . . . . . . . . . . . . . . . . . . . . 423 493-Administrators, annual returns . . . . . . . . . . . . . . . . . . . . . . . . 440, 8oS 494-Highway Department, curb sidewalks................... 440,1062 so6-Militia Districts, Union County.... . . . . . . . . . . . . . . . . . . . . 4S7, 5I7, 8s6 so9-Board of Accountants, appointment.................... 458,610 SIS-Wilful trespass....................................... 478,909 pi-Adjoining landowners, line. . . . . . . . . . . . . . . . . . . . . . . . . . . . 479 S2S-Disabilities, how relieved.............................. 48o,8o8 S26-Workmen's Compensation Law, amend................. 480 527-Bonds, tax collectors--commissioners ............... 480, 1062, I 201, I388 S29-Abandonment of child, wife witness. . . . . . . . . . . . . . . . . . . . 480,1062 543-Title personal property, heirs.......................... sos,ss7, II38 54S-Fees, levying tax executions................. . . . . . . . . . . 508,9I0, II79 s67-Fees, constables. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547, 809 s7o--Will, take effect immediately. . . . . . . . . . . . . . . . . . . . . . . . . . 547 577-Dealers oysters, shrimp, tax . . . . . . . . . . . . . . . . . . . . . . . . . . . 577,748 sso--Game animals, birds, bag limit. . . . . . . . . . . . . . . . . . . . . . . . 577' 748 S82-Boards of Education, compensation . . . . . . . . . . . . . . . . . . . . 577 586-Registered tract land, transfer. . . . . . . . . . . . . . . . . . . . . . . . . S78, 8o9 s87-0fficial organ, selection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578,682, I087 596-Legislative committees, membership.................... 6o2 6oi-Smallloans, amend................................... 603 614-Lease-lend airports, defense . . . . . . . . . . . . . . . . . . . . . . . . . . . 6o5, 645 62o--School superintendents, duties... . . . . . . . . . . . . . . . . . . . . . . 62s, 662 628-Guardianship, lunacy commission . . . . . . . . . . . . . . . . . . . . . . 626 684-Choses in action, assignment. . . . . . . . . . . . . . . . . . . . . . . . . . 676,9I0 687-Taking fish, Oglethorpe County........................ 677 AMENDMENTS TO CONSTITUT10N- 9-2a-Governor, terms of office......................... 43 II5~ I87 I0-2b-School Superintendent, term ...................... 43, II6, 208, 209 I2-32a-Pardon power, limit ............................. 48,360,393404 I3-J2b-Macon, exempt new buildings ............ 48, II 5, u6, 176, I77, 427, 428,446.469470 14-34a-Macon, varying property tax .. 48, u6, I79 I80,427 ,428,446,47I ,472 IS-44a-Reprieves, pardons, granting of................... so, I4I INDEX Amendments to Constitution (Continued). so, 16-45a-Advertise, promote Georgia ....................... u6,416,429 21-65a-Annual sessions legislature ........................ 5859,202,621 22-65b-Effingham County, bonds. . . . . . . . . . . . . . . . . . . . . . . . 59,116,259 24-107a-Claxton school, bonds ........................ 67,203,414,561,564 12o-Unadilla, bonded indebtedness ................... 104, 127, 182, 183 33-137b-Sparks-Adel school, bonds....... . . . . . . . . . . . . . . . . . 107,116,332 36-137e-Jurisdiction, Justice of Peace. . . . . . . . . . . . . . . . . . . . 107, 204, 871 ss8 I so-Cochran, bonded indebtedness. . . . . . . . . . . . . . . . . . . . 112,237' 182-School, Jefferson County, bonds................... 136,237564 18g-Abbeville school, bonds . . . . . . . . . . . . . . . . . . . . . . . . . . 137,238,765 Igo-Wilcox County, bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . 138,238,768 198-Reidsville, bonds................................ 139,205,771 40-198a-Chattooga County, bonds ....................... 139,205,208,284 222-Savannah, pay Gypsum Company ............ 152,1 53 205,219,220 42-224a-Reprieves, pardon, Governor's power . . . . . . . . . . . . . . 153, 208, 23 8 238-Dade County, bonds............................. 169,238,774 239-Baker County, bonds............................ 169,253335 242-Abbeville, bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170,238,777 45-243a-Legislators, increase term......................... 170,253,1179 259-Calhoun County, bonds.......................... 195,253,339 263-DeKalb County, assistants, deputies............... I96,253318 266-Wilcox County, bonds........................... 213,4I0,78I 278-Claxton, bonds... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214,254,784 287-Adrian School, bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . 234,362,787 294-flazelhurst, bonds............................... 235411,790 52-297a-Paving assessments, repayment................... 235,808 55-307b-flog cholera serum, free. . . . . . . . . . . . . . . . . . . . . . . . . . 249,515 56-307c-Widows, Confederate veterans. . . . . . . . . . . . . . . . . . . . 249 309-flospital authorities, establish..................... 250,362,1038 58-326a-flabersham County, school debt . . . . . . . . . . . . . 271,363793825,1271 60-326c-Advertise, promote Georgia....................... 271-363 61-326d-Stone Mountain, bonds ......................... 271,363,885 ,gg6 351-Georgia Railroad, tax .......... 299,409,1076,1077,1104,1162,1279 355-Cordele, bonds ................................. 299365,887,954 65-357a-DeKalb County, sewerage ...................... -300,411,887,913 37o-Catoosa County, funding bonds................... 313,365,550 373-Walker County, bonds ........................ 314365,5541290 67-375a-Rules bar employment, prohibit................... 314,854 68-375b-Gainesville, bonds ......................... 314,315 ,J65, 885,1007 406-Irwin County, bonds........................ 325,326,5I5,887,920 42o-Wrightsville school, bonds ..................... 355 516,884,1014 72-421a-Cobb County, bonds........................... 356,41 1,887,960 438-Venue civil, criminal cases........................ 379,516 454-Toombs County, bonds ......................... 401, 516,887,965 79-466a-Tax homesteads, for county, school................ 403,516 80-466b-Motor fuel tax, apportionment.................... 403,404,516 83-485b-Gas plants, municipalities construct................ 423 84-491a-Waycross, bonds .............................. 439,610,887,915 INDEX Amendments to Constitution (Continued). 85-49Ib-School fund, set apart............................ 439,440,5I7 511-Macon, contribute national defense ............... 458, 5I8, 886,926 89-511a-Widows, Confederate soldiers..................... 458,854 9~5IIb-Doerun, bonds ............................... 458,5I8,885,993 5I7-Paulding County, bonds........................ 479,66I,886,933 528-Quitman County, funding bonds ................. 48o,662,886,929 533-Vidalia, bonds ................................ 48I ,662,885, I002 534-Miller County, bQnds ........................... 48I ,662,886,945 96-55Ia-Jefferson County School, bonds .................. 509,610,885,999 56I-Johnson Corner School, bonds . . . . . . . . . . . . . . . . . . 53 I ,662,885' I004 99-563a-Chatham County, levy taxes.................... 53I,644,886,983 I05-6I2a-flancock County, bonds......................... 605,644,885,978 6I5-Lease-lend for defense............................ 605,809 6I6--Bibb County, temporary loans ............... :6o6,8o9,884,IOIO 626-flighway authority, Fulton-DeKalb...... 626,809,885,886,986, I39I 638-Cook County, bonds............................ 627,809,886,937 64o-Jeff Davis County, bonds.................... 627,628,663,886,94I 646--City of Crawford, bonds......................... 628,810,888,975 I09..646a-Spalding County, school districts ................. 628,810,888,957 11 I-65Ib-Purchase property, recreation . . . . . . . . . . . . . . . . . . . . . 640, 8Io 667-Excelsior School, bonds .......................... 657,811,885,990 685-Publication, constitutional amendments ... 676, 8I2, I I I2, 1205, I362, I363, 14o6 702-Mitchell County, school board, loan ............. 742,8I3,886,98o 7I4-Cook County, bonds............................. 743,855,1228 I22-7I 5b-Legislative re-apportionment...................... 744,8I3,884 725-Crawford School, bonds .................. 801,855, IOI7, I307, I308 726--Lexington, bonds~............................... 8o2,855, I020 727-Dglethorpe County, bonds ..................... 8o2,855, I024, I3II I27-727a-Sunny flill School, bonds ...................... 8o2,855, I234, I235 I28-727b-Compensation, county officers .................. 8o2,855, I263, I264 I3I-742b-Dodge County, bonds............................ 8499I2,I23I AMUSEMENTS (See Theaters)- APPOINTEESIS-Of Governor, confirmation, repeal act .................. . APPROPRIATIONS (See Physicians) (University System of Georgia) 1-Fix power Governor in administering ....... , ...... 42, 118,143,144 99-General Appropriations Bill. . . . . . . . . . . . . . . . . . . . . . 65 leo-Appropriations, June '42 to June '43............... 66 IOI-Unpaid, Department Education................... 66 32-137a-Robert Coleman, compensate. . . . . . . . . . . . . . . . . . . . . 106,303, I 1o6 I65-Georgia Training School for Girls ........ IZ4,404,46I ,467,585,877, 1287, 13o6 167-Mrs. W. E. McDanid ........................... . I25,303 I83-Amend General, school funds .................... . I37 I INDEX Appropriations (Continued). 51-278a-Barrett Overstreet, reimburse .................... . 215748,1276 307-Entymology Department, potatoes ............... . 249,854 394-Amend General, Education Department........... . 32 4 474-Purchase Law Books, Coffee County .............. . 421 478-Jeff Davis Memorial Park ....................... . 422,591748 49o-Burial, Fred Black, Jr........................... . 439462 86-491c-J. B. Borders .................................. . 440 87-491d-J. A. Scarborough ............ .- ................. . 440 88-491e-Mrs. Bertha Mae Martin ........................ . 440 502-Purchase law books, Wilcox County .............. . 457586 po-Biack Rock Park............................... . 479 548-J. W. Barwick ................................. . 508 619-Reduction not affect Education Dept.............. . 625 666-Archives and History, Dept...................... . 657,854 119-698a-W. Herbert Brannen ............................ . 722 I2J-7I5c-Thomas County, '$5,700 ......................... . 744,911 I 197 120-698b-Miss Janie Elam, pension ....................... . 722,1068,1192 ARCHITECT58J-Certificate of registration, certain ..................... . ASSESSORS (See Amendments to Code)- ATTORNEY GENERAL271-Amend Code reference to............................. 21J.609,879 ATTORNEYS AT LAW (See Law and Law Practice)- AUDITORS AND AUDITING (See Highway Board, State) (Amendments to Code)- 2q-Authorize grand juries employ......................... 151,238,1082 423-State, legislature elect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377 AUTOMOBILE, TRUCKS (See Licenses and License Fees) (Motor Vehicles) (Taxes and Tax Laws)- AVIATION CORPS, STATE DEFENSE (See Airports)431-Authorize creation of ................................ . AWARDS (See Amendments to Code)- B BAILIFFS (See Fees and Fee Systems)142-Eiection only two, certain counties .................... . 254-Special criminal, appointment ........................ . 111,276,698 195' 276,J07 BALLOTS (See Elections and Election Laws)- INDEX I439 BANKS AND BANKING204-Unclaimed deposits, derelict property.................. . 302-lncorporation of .................................... . 357-Insolvent, paying off debts ........................... . 458-Checks drawn without funds ......................... . ISO 248,3I6,895 300,5I5,83I 402 BARBERS, HAIRDRESSERS2J6-Amend Act regulating ............................... . BEER (See Alcohol and AlcoholiC' Beverages)- BEVERAGES, SOFT DRINKS (See Taxes and Tax Laws)- BLIND (See Purchases, Supervisor of)- BOARDS OF EDUCATION (See Charters and Corporations, Municipal) (Schools and School Laws)- BONDED INDEBTEDNESS (See Amendments to Constitution)- BONDS, SURETY BONDS (See Amendments to Constitution) (Sureties on Bonds) (Tax Collectors-Receivers-Commissioners)- 72-Sheriff, Chattahoochee County, reduce .................. 62, I I7, I29, I30 I84-Sheriff, Butts County, reduce.......................... 137,2I8,240 221-Sheriff, Walker County, reduce........................ I52,2I8,240 245-Sheriff, Brooks County, reduce ....................... 193, 194,276,3o6 272-Sheriff, Madison County, change ...................... 213, 2I4,277,307 33o-Sheriff, Oconee County, recuce. . . . . . . . . . . . . . . . . . . . . . . . 272,364,389 4Io-Sheriff, Webster County, reduce. . . . . . . . . . . . . . . . . . . . . . . 354,443,463 427-Sheriff, Spalding County, reduce ..................... 377443444464 482-0f County officers, county pay..... . . . . . . . . . . . . . . . . . . . . 422,586, 12o6 496-Sheriff, Sumter County, reduce........................ 456,549588 532-SheriffOglethorpe County............................ 48I,549,589 571-Sheriff, Tattnall County, reduce....................... 547,68I,728 583-Clerk Superior Court, certain counties.................. 577,682,1087 671-lssued by counties, destruction unsold.................. 657,683,90I BOUNDARIES (See Amendments to Code)- BUS LINES67J-Require depot accommodations ....................... . c CAPITAL PUNISHMENT (See Amendments to Code)- CATTLE, HOGS, SHEEP, ETC. (See Agriculture and Agriculture Products)- CHARTERS- 345-Georgia Railroad Company, amend.................. 298,409,1076,1278 762-Religious organizations, certain powers................. I09I INDEX CHARTERS AND CORPORATIONS, MUNICIPAL (See Amendments to Con- stitution) (Courts, City, County, Municipal, etc.)- 33-Macon, salary of Mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48, I I7, I 28 34-Macon, additional city officers......................... 48,II7,I28 4o--Arlington, license tax ................................. 49, I I7, I I8, I29 7I-Dalton, amend ...... ."............................... 62,252,277 78-LaFayette, amend................................... 6J,I55,I73 79-LaFayette, amend................................... 6J,I55 I73 94-Camak, amend...................................... 65, ISS I73 IOJ-Atlanta, amend...................................... 66, I72,JJ2 104-Monroe, amend...................................... 66,II8,13q log-Marietta, amend ............................... :..... 68, ISS I74 115-Flemington, incorporate ............................. 103,118, IJO,J48 123-Eatonton, school laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104, I 55,522 124-McCaysville, amend.................................. 104,155,174 127-Brunswick, amend. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . 105,118,142 135-Forest Park, amend.................................. 106, ISS, 175 14o--Donaldsonville, amend..... . . . . . . . . . . . . . . . . . . . . . . . . . . . I I I, I 56, I75 148-Cordele, amend ..................................... II 2, I 56, I75, I79 153-Attapulgus, amend................................... 12J,I56,176 I54-Duffee, repeal....................................... 123,156,176 I6o--Decatur, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I24,410,424 I68-Sandersville, amend.................................. 125, I 56, I76 176-St. Marys, amend.................................... IJ6, 172,2o6 177-St. Marys, amend.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136,172, 2o6 Igg--Byron, create new ............................... 139,172, 2o6,2o7,JII 216-Municipal street improvements........................ 1p,2o7,J08 2I7-Fairburn, amend.................................... I52,I72,207,348 223-Savannah, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I53, 173,207 226-Jonesboro, amend.................................... I67,205,2I8 229-Albany, amend ..................................... I68,~5,2I8,2I9 2JI-Cairo, zoning and planning............................ 168,2o5,2I9 234-Pensions police, certain cities.......................... I68,JOJ,68S 235-Fitzgerald, amend.................................... I68,2o6,219 243-Ball Ground, amend.................................. I70,206,2I9 244-Tennille, water commissioners......................... I9J,253,278 257-Atlanta, amend...................................... I95 258-Atlanta, amend...................................... I95 262-Jefferson, amend..................................... Ig6,25J,278 268-Gainesville, amend................................... 2IJ,25J,278 26g--Columbus, amend.................................... 2IJ,254,283 JOI-Savannah, amend.................................... 248,Jo4,3I6 3o6-Chipley, amend...................................... 249,304,JI7 308-Hiram, amend....................................... 249304,3I7 JI2-Savannah, amend ............................... 268,J04,3I7,497498 319-Dublin, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269,410,425 335-Griffin, amend....................................... 272,J04,JI7 336-Augusta, amend..................................... 297,329>368 INDEX 1441 Charters and Corporations, Municipal {Continued). 337-Augusta, amend .................. :. . . . . . . . . . . . . . . . . . 297329,368 338-Augusta, c1.vil serv1.ce comm1I ss1on. . . . . . . . . . . . . . . . . . . . . . 297,329,368 359-Griffin, amend....................................... 300,330,368 361-Bainbridge, zoning and planning.. . . . . . . . . . . . . . . . . . . . . . 312,330,369 362-Griffin, amend .....................................312,330,369,1122 365-Cairo, ~mend........................................ 313,330,369 367-Abbeville, amend.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313,330,369 382-Atlanta, amend...................................... 322,365>391 383-Atlanta, outdoor amusements. . . . . . . . . . . . . . . . . . . . . . . . . 322o365 391 384-Manchester {College Park), amend..................... 322,366,391 385-Atlanta, amend...................................... 323,366,391 386-Atlanta, budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323,366,392 387-Atlanta, amend...................................... 323,366,392 388-Atlanta, city limits................................... 323.]66,392, 567 389-Atlanta, obsolete provisions.. . . . . . . . . . . . . . . . . . . . . . . . . . 323>366,392 401-Statesboro, amend................................... 325,366,393 405-Moultrie, amend..................................... 325,366,393 418-Athens, Board of Education........................... 355,443,463 424-Barnesville, amend................................... 377443464 43o-Baxley, amend....................................... 378,444,465 433-Canton, new........................................ 378,444,465 435-Commerce, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378,444,465 44o-Buford, amend....................................... 379,444,466 442-Atlanta, amend...................................... 379,630,646 443-Atlanta, leaves of absence............................. 379,585,616 447-Toccoa, amend...................................... 380,444,466 452-Abolish Justice courts, certain cities.................... 401 455-Eatonton, amend ............................. 402,444,466,1185,1411 456-Bogart, amend....................................... 402,444,467 457-Riverdale, incorporate................................ 402,445,467 467-Camilla, zoning and planning.. . . . . . . . . . . . . . . . . . . . . . . . . 420,586,614 468-Vienna, zoning and planning.......................... 420 48o-Cairo, amend.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422,586,614 481-Forsyth, amend...................................... 422,586,614 504-Hogansville, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457, 586,614 5oS-Garden City, create.................................. 457,620,646 513-Marietta, amend.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459,587,615 514-Lithonia, amend ....................... :. . . . . . . . . . . . . 478 518-Gordon, amend...................................... 479587,615 522-Menlo, amend....................................... 479587,615 53o-Macon, closing streets ............................... 481 ,63o,647,868 542-Temple, amend ..................................... 507,587,6I5,6I6 546-Hinesville, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508, 587, 6I6 547-Hinesville, zoning and planning........................ 508,587,616 555-Atlanta, amend...................................... 530 556-Savannah Beach, amend.............................. 530,630,664 562-Dalton, amend .................................... '. 531,644,665 564-Villa Rica, amend.................................... 531,630,647 INDEX Charters and Corporations, Municipal (Continued). s66-Atlanta, amend ................................... 546,910,1064, IJ87 S78-Americus, amend.................................... S77,6Jo,647 S8I-Duluth, amend ................................... S77,6Jo,647 1389 ss s-Adel, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S78 '6J I '648 sSS-Darien, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S78 '6J I' 648 s9o--Riverside, amend.................................... S78,6JI ,648 6oj-Douglas, amend...................................... 6oJ,6JI ,648 604-Douglas, amend .................................... 6oj,604,6JI ,649 6o9-Darien, close streets.................................. 6o4,6J1,649 6Io--Douglasville, amend.................................. 6o4,6JI,814 6u-Douglasville, amend.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6os ,631, 814 617-Decatur, amend..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 624,727,749 618-Decatur, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62s ,64S ,666 621-Bremen, amend ..................................... 62S ,64S ,666,667 62J-Wrightsville, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62s, 809, 8S7 627-Atlanta, amend...................................... 626,662,690 629-Columbus, amend.................................... 626,663,69o 6Jo--Columbus, amend.................................... 626,64s,667 6JI-Columbus, passenger station........................... 626,64S ,667 632-Columbus, passenger station... . . . . . . . . . . . . . . . . . . . . . . . . 627, 64S, 667 642-Bowdon, amend..................................... 628,64s,668 64s-Elberton, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628,663,690 6so--Baxley, amend....................................... 6J9,66J,69o 6SI-Newnan, amend .................................... 64o,66J,69o,691 678-Bowdon, zoning ordinances............................ 6s8,683,731 68o--Santa Clause, incorporate ................ : ........... 676,727,7497So 689-Dublin, amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677,727,7 so 6~Dublin, amend...................................... 677,727,7S0 691-Savannah Port Authority............................. 677,728,7so 69s-Elberton, amend ................................... 721, 8IJ,86J, 1293 706-PineLake, amend.................................... 742,813,86J 707-Swainsboro, term of mayor............................ 742,813,864 708-Vienna, Utility authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 743 709-Van Wert, amend.................................... 74J,813,864 711-Augusta, civil service................................. 74J,8IJ,864 713-Jesup, amend........................................ 743,813,864 71 s-Marietta, bond election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 743' 813' 864 716-Dublin, amend .................................... 744,814,86S, 1292 717-Savannah, amend.................................... 744,814,86s 719-Andersonville, create. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801 ,9u, 106s 722-Summerville, amend.................................. 8oi,8SS912 72J-Blairsville, create ................................. 801 ,9u, 106s, 1387 73o--Pine Forest, incorporate.............................. 848,9u, 1066 731-Garden Valley, create................................ 848 733-Milan, amend....................................... 848,9u, 1066 744-Atlanta, amend...................................... Sso 746-Social Circle, amend ................................. 904, 1063, 1101 74~Doerun, amend .................................. 904, 1o63, 1101,1102 INDEX Charters and Corporations, Municipal (Continued). 7SI-Brunswick, port authority ............................. 9,04, 1063,1102 7S6-Rome, amend ....................................... IOS8, 1098, I I62 7S8-Eastman, amend..................................... 1091 761-Millen, amend ....................................... 1091, IIS7 1194 76s-Atlanta, amend .............................. ... 1091, 1og2, 1157,1193 767-Atlanta, pension act .................................. 1092, ns8, I 193 77o-Rome, an\end ....................................... 1092, II S8, I 194 CHILD LABOR (See Labor and Labor Laws)- CHIROPRACTORS AND CHIROPRACTIC- 201-Regulate practice of, repeal ........... 149, ISO, 172,737 7S4 1032,1347, CHOSES IN ACTION (See Amendments to Code)- 1393 1394 CHURCHES, CHURCH GROUNDS6o2-lncorporation of, amend ................................. 6o3,644,666 CIGARS, CIGARETTES (See Taxes and Tax LaVfs)- CLAIMANT344-Require abstract title, establish ....................... . CLAIMS329-Df creditors, property of deceased ..................... . CLERKS SUPERIOR COURTS (See Amendments to Code) (Fees and Fee Systems)28-Duty keep execution docket, repeal. . . . . . . . . . . . . . . . . . . . . 47, 6o8, 1188 CODE AMENDMENTS (See Amendments to Code)- COMMISSIONERS OF ROADS AND REVENUES (See Counties and County Matters)- 69-Pierce County, amend ................................ S8, 116,117,129 131-Marion County, amend .............................. IOS, II7, IJO, 131 132-Marion County, create. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1o6, 117,131 138-Advisory board act with, provide. . . . . . . . . . . . . . . . . . . . . . 107 ISI-Bibb County, amend ................................ II2,2I7,239739 163-Walker County, amend............................... 124,217,239 196-Butts County, repeal................................. 1J9,218,240 197-Butts County, create................................. 1J9,218,240 267-Barrow County, repeal. ........................ 213, 2J8,2S4 I07S, 1338 283-Rockdale County, repeal.............................. 2JJ,2S4,28J 284-Rockdale County, create ......................... 2JJ,2S428J,284,424 3oo-Clayton County, amend.............................. 248,277,307 313-Chatham County, pension employees................... 269,362,388 32o-Banks County, amend................................ 270,J62,388 1444 INDEX Commissioners of Roads and Revenues (Continued). 334-Spalding County, establish zones....................... 272,364,389 343-Ben Hill County, amend ............................. 298,364,389,390 35o-Laurens County, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299,364,390 397-lJnion County, create................................ 324,366,393536 398-Dodge County, amend................................ 324,366,393 39y-Camden County, repeal............................... 325,443,462 4oo--Camden County, create............................... 325,443,462 4I4--388 323-}ackson, compensation notaries public.............. 270,363,389 32s-Zoning-planning, certain counties................. 270,363,699,700 339-Fee-salary system, certain counties............... 299364,701 34o-Commissions, tax receivers-collectors .............. 297,442,443, 701 3S2-Traffic regulations, certain counties. . . . . . . . . . . . . . . . 299,364,898 3S3-Cadastral survey, authorize ..................... 299>364, 898, I39S 354-Jury commissioners, certain counties............... 299,36S, 113S 368-Compensation sheriff, certain counties.............. 313,36S,703 408-Carroll, hospital board.. . . . . . . . . . . . . . . . . . . . . . . . . . 326,661,688 441-Fulton, J. W. Ball pension........................ 379,661,688 76-446a-Catoosa, trial Charles Coates ............. 380, S8 S, 1208,1216, 1397 4S9-Towns-Union, boundary line.. . . . . . . . . . . . . . . . . . . . . 402,424,706 473-Salary clerk, certain counties. . . . . . . . . . . . . . . . . . . . . . 421 , 44S, 706 474-Coffee, purchase law books. . . . . . . . . . . . . . . . . . . . . . . 421 82-48sa-Fulton, refund Mobley-Lunsford.................. 423,s86,7o7 so1-Lincoln, treasurer .............................. 456, SI7, S34 so2-Wilcox, purchase law books. . . . . . . . . . . . . . . . . . . . . . . 4S7, s86 so3-Selection official organ, certain . . . . . . . . . . . . . . . . . . . . 4S7, SI7, 707 506-Union, militia districts........................... 4S75I7,8S6 Sio-Compensation ordinary, certain. . . . . . . . . . . . . . . . . . . 458,549,664 551-DeKalb, date of elections ....................... 509, 549 550,589 s54-Law libraries, certain counties. . . . . . . . . . . . . . . . . . . S30, 748,1086 INDEX 1447 Counties and County Matters (Continued). 557-Elbert, school superintendent..................... 53o,681 ,728 568-Election legislators, certain counties. . . . . . . . . . . . . . . 547 ,68I, 1086 572-Compensation sheriff, certain counties..... . . . . . . . . . 547, 68I, I087 573-Bryan, system of coordinates ............... 547548,644,665,666 574-Bryan, zoning and planning...................... 548,644,666 575-Liberty, zoning and planning .................... 548,68I,682,729 583-Bond clerk, certain counties...................... 577,682,1087 59I-Fulton, pensions of employees. . . . . . . . . . . . . . . . . . . . 579 6o2-Church grounds, certain counties. . . . . . . . . . . . . . . . . . 603,644,666 6oS-Whitfield, junior college. . . . . . . . . . . . . . . . . . . . . . . . . . 604 624-Haralson, salary treasurer........................ 625,682,730 625-Highway authority, certain counties............... 626,662,708 626-Fulton-DeKalb, highway authority ...... 626,8o9,88s,886,986,I391 64I-}effDavis, custodian............................ 628,683,730 656-Building regulations, certain...................... 64I, 810,1082 657-Fireworks, certain counties ....................... 64I, II 58, I2I3 658-Muscogee, Department of Health.................. 64I ,810,859 659_-Employees group insurance, certain... . . . . . . . . . . . . . 64I, 810, I I36 66o-Eminent domain, water pipes, certain.............. 64I ,8II, 1086 66I-Pensions employees, certain.... . . . . . . . . . . . . . . . . . . . 64I, 8I I, 108I 662-Vacancy, county surveyor, certain ............... 64I , 642, 8II , 108 I 663-Sanitary sewers, certain . . . . . . . . . . . . . . . . . . . . . . . . . . 642,8 II, 1080 664-Bryan, system of coordinates ..................... 642,8II ,859,86o 669-}eff Davis, depository............................ 657, 8II ,86o 672-Tattnall, Governor purchase property.............. 657,8I2 674-Fulton, employees pension........................ 658,9IO,I064 677-Fee-salary system, certain counties................ 658,9Io, 1087 683-Fulton, civil service system ....................... 676,1062,IIOO 7oo-Glynn, Arnold Villa Estate . . . . . . . . . . . . . . . . . . . . . . . 74I, 8I3, 863 701-Clarke, board of Health............ . . . . . . . . . . . . . . 742,910,1064 705-Carroll, financial reports.......................... 742,9I I, 1065 72I-Screven, compensation treasurer.... . . . . . . . . . . . . . . . 8oi ,9I I, Io65 728-DeKalb, treasurer ............................... 8o2,9II,Io66 737-Clinch, Board of Education ................ 848, 849,9I2, 1066,1067 74o-Clinch, hunting deer ............................. 849, I063, I IOI 742-Gwinnett, salary treasurer........................ 849, I097, II6o 759-Elbert, fees clerk, sheriff ......................... I09I, I I 57, II93 76o-DeKalb, primary elections........................ ID9I 764-Power Commissioners, certain ..................... I09I, I I 57 I2I4 766-Define fireworks, certain counties ............. I092, II 57, II 58, I 2I4 COUNTY OFFICERS (See Fees and Fee Systems)- COURT COSTS (See Fees and Fee Systems)- COURTS-CITY, COUNTY, JUSTICE, MUNICIPAL, SUPERIOR (See Clerks, Superior Court) (Law and Law Practice) (Ordinary)- 36-Macon, amend act creating......................... 48,49 116,128, I29 INDEX Courts-City, County, Justice, Municipal, Superior (Continued). 54-Superior, Judges, disqualify ....................... 56, zoz, 504,569,570 55-0rdinary, Municipal, Police, jurisdiction................ 56 6s-Pembroke, amend Act creating ....................... .sS,Z75.J04,305 74-Macon, bi-monthly terms............................. 6z, II7, I30 76-Henry County, abolish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6z, I I7, I4I n-Henry County, establish city court..................... 6z, II7, I4I IO'l-Authority allow defendant serve outside chaingang .... .66,zo3, II99 I4I7 10S-Bibb County Superior, terms .......................... 6S, I'lO,'li7,'26'l III-Atlanta Municipal, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6S liZ-Habersham City Court, create......................... 6S, II7, I74 I36-City Court of Jonesboro, amend. . . . . . . . . . . . . . . . . . . . . . . 106, I s6. I75 ISS-Superior, salaries of Judges. . . . . . . . . . . . . . . . . . . . . . . . . . . . I37, 2.07 '23'2-Barrow County Superior, terms........................ I6S,3'29,6S5 333-City Court of Griffin, amend. . . . . . . . . . . . . . . . . . . . . . . . . . '27'l,J64,3S9 347-City Court of Dublin, costs, etc........................ zgS,364,390 34S-City Court of Wrightsville, amend ... ,................. zgS,364,390 413-Habersham County Superior, terms.................... 354,609,705 434-City Court Chattooga County, establish................ 37S,516,533 43S-City and County, change venue........................ 379,516 452-Justice, abolition certain cities .................. ....... 40I 4S6-City Court of Dalton, create ........................ 43S,439 549 5SS 4Sg-Rabun County Superior, terms........................ 439549707 495-Chatham County Superior, terms...................... 456,549,664 497-City Court Henry County............................ 456,4S6,5IS 53I-City Court Lexington, amend......................... 4SI,5S7,6I5 544-Legal cost of officers in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50S 5Sg-City Court of Darien, amend. . . . . . . . . . . . . . . . . . . . . . . . . . 57S, 6S2, 729 595-Salary Judges, certain counties. . . . . . . . . . . . . . . . . . . . . . . . 579,580 637-Early County Superior, time.......................... 627,Sog,S59 6ss-Wheeler County Superior, terms....................... 64o,SIO,S59 703-City Court Colquitt County, amend.................... 742,910,1064 7IS-City Court of Eastman, amend. . . . . . . . . . . . . . . . . . . . . . . . 744, SI4,S65 6zo-Superior, lost papers, establishment. . . . . . . . . . . . . . . . . . . . SoI ,gii 732-City Court of Washington, establish .................... S48, 1097, II 59 74I-County Court Clinch County, amend.................. S49,9I2, 1067 74S-Continuances, attorney legislator. . . . . . . . . . . . . . . . . . . . . . . 904, II 57, I2.07 754-City Court of Clarke County, amend ................... 105S, JOgS, II62 76S-City Court of Carrollton, amend ....................... 1092, II 5S, II93 COURTS, SUPREME AND APPEALS- 31-Cases which may be reviewed by....................... 47 IS7-Fix salaries of Justices................................ I37 391-Trial, correction errors of law by ................. 323,4S5 ,S34,S6S, I035 COURT REPORTERS (See Judicial Circuits)- CRIME AND CRIMINAL LAWS (See Amendments to Code) (Law and Law Pra!=tice)- I02-Courts allow defendant serve outside chaingang ........ 66, 2.03, 1199, I4I7 INDEX Crime and Criminal Laws (Continued)225-Statements prisoners, criminal trials ................... . 24o-Convicts, hours of work ............................. . 249-Fresh pursuit, uniform law ........................... . 25o-Intra-state fresh pursuit ............................. . 251-Attendance witnesses, proceedings ..................... . 699-Misdemeanor, intoxicated at factory ................... . 757-Solitary confinement, convicts ........................ . 167 169 194383 194383 194384 722, I063 1058,10<}8 D DAIRIES AND DAIRY PRODUCTS (See Agriculture and Agriculture Products)- DAMAGES AND DAMAGE SUITS (See Torts) (Firemen, Fire Departments)346-Dog on premises, owner responsible for. . . . . . . . . . . . . . . . . 1058,1098 DEEDS, MORTGAGES, ETC.246-Secure debt, limit time enforcing ............... 194,238, II44, II99 1414 DEFENSE, NATIONAL613-Political divisions lend credit for ...................... . 614-Political divisions lease-lend airports .................. . 61 5-Political divisions lease-lend for . . . . . . . . . . . . . . . . . . . . . . . . 6o5,645, IIo8 6o5,645 6o5,809 DENTISTS AND DENTISTRY- 58-Charges made by Dental Colleges I 0 0 00 00 0 00 0 0 00 0 00 0 00 0 00 123,288 DEPOSITIONS (See Amendments to Code)- DERELICT PROPERTY (See Banks and Banking)- DISEASES (See Venereal Diseases)- DOGS (See Damages and Damage Suits)- DRINKS, SOFT (See Taxes and Tax Laws)- DRIVERS LICENSES, FAMILY (See Licenses and License Fees)- DRUGS, DRUG STORES, PHARMACIES491-Chief drug inspector, appointment .................... . E EDUCATION, COUNTY BOARDS OF (See Amendments to Code) (Schools and School Laws)- EDUCATION, STATE DEPARTMENT OF (See Appropriations) (Schools and School Laws)- 288-Amend Act creating ................................. . 55o-Amend Act establishing .............................. . INDEX ELECTIONS AND ELECTION LAWS (See Counties and County Matters)- 2I-Solicitation votes, certain counties. . . . . . . . . . . . . . . . . . . . . 46, 2I6, 256 22-Secret ballot, provide.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46, I 54,291 44-Poll tax, abolish...................................... 50 47-0pen hours precinct polls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50, I 55,432 So-To repeal operation stock law......................... 63 8I-Absenteeballots.. ................................... 63,36I,899 I I4-Poll tax disqualification, remove. . . . . . . . . . . . . . . . . . . . . . . I03 I33-Australian ballot, amend Code......................... 106 I42-0f bailiffs, certain counties............................ I I I, 276,698 I44-lnfluence votes, promise employment. . . . . . . . . . . . . . . . . . . I I I, I 56 2II-Amend Code reference to............................. I5I,585,875 293-Eiection hours....................................... 235,362,687 403-How, when held, amend Code......................... 325,384 477-Revision voters list, Judges require..................... 422,909 55I-DeKalb County, date of primary ..................... 509,549,550,589 6os-Solicitation votes, regulate. . . . . . . . . . . . . . . . . . . . . . . . . . . . 604,682,1082 76o-DeKalb County, primary date......................... I09I ELECTRICIANS- 256-Master, examination of .............................. . I95 ELECTROCUTION (See Lethal Gas)- EMBALMING95-Age of applicants take exam practice .................. . EMINENT DOMAIN (See Pipe Lines)- EMPLOYEES (See Labor and Labor Laws)- ENTOMOLOGY, STATE DEPARTMENT OF 5I6-Amend Act establishing.............................. . 479 ESTATES (See Amendments to Code)- EXECUTIONS, FINAL (See Taxes and Tax Laws)- 39o-Require owner levy reasonable time ................... . 323 EXEMPTIONS, TAX (See Taxes and Tax Laws)- F FARMS AND FARM PRODUCTS (See Agriculture and Agricultural Products)- FEES AND FEE SYSTEMS (See Amendments to Code) (Tax Collectors-Receivers- Commissioners)- 84-Divorce cases, certain counties ......................... 63,2I6,217,262 339-Change to salary, certain counties...................... 297,364,70I J4I-Cierk, sheriff, land registration.... . . . . . . . . . . . . . . . . . . . . . 297 INDEX Fees and Fee Systems (Continued) 395-0f notaries public, paid Librarian ..................... . 473-Clerk, certain counties, change to salary ............... . 545-Levying, collecting tax executions..................... . s67---0f constables, fix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677-Change to salary, certain counties..................... . 324~874 421,445706 508,910, I 179 547,809 658, 9Io,I08? FI FAS, TAX (See Executions, Final)- FIRE INSPECTOR, STATE141-License motion picture operator..................... I I I, 204, 1035, 1413 FIREMEN, FIRE DEPARTMENTS (See Counties and County Matters)- 19-Tort liability of, exemption .................... 46,201,264,265,487,488 276-}oin labor union, prohibit interference. . . . . . . . . . . . . . . . . . 214 FIREWORKS2o-Regulate sale, certain counties......................... 46,216,521 657-Distribution, certain counties, regulate .................. 641, IISS, 1213 766-Define, as applied certain counties ................ 1092, II 57, II 58, 1214 FISH, FISHING (See Game and Fish)- FORECLOSURES (See Amendments to Code)- FUELS, MOTOR (See Taxes and Tax Laws)- G GAME AND FISH (See Licenses and License Fees)- 143---0pen season for hunting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III 159-Legalize seining, certain counties....................... 124,4Io,847 162-Catfish, Mcintosh County. . . . . . . . . . . . . . . . . . . . . . . . . . . . I24,484,684 185-Methods of taking fish............................... I37383,684 194-Hunting game birds, season........................... 138,204 202-Hook-line fishing, certain counties...................... I50,383,698 22o-Permission landowner to hunt......................... 152,303 227-Hook-line fishing, closed season.. . . . . . . . . . . . . . . . . . . . . . . 167 237-Wild life restoration, assent to......................... 169,2o6,843 253-Fishing, Screven County.............................. I95, 747 255-Hunting, Screven County............................. I95748 285-Sale fresh water fish, unlawful........................ 233,5I5 331-Taking fresh water fish, amend Code................... 272 38I-Sabbath fishing, make legal........................... 3I5,384, 1249 409-Shrimp, shad fishing, amend Code ................... 326,384,385,1285 421-Alligators, killing, trapping............................ 356,486 448-Fresh water game fish, name ........................ 401,486,881,1348 5I9-Prawn, shrimp, prohibit giving away. . . . . . . . . . . . . . . . . . . 479 748 sn-Oysters, shrimp, dealer in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577' 748 58o-Game birds, animals, bag limit. . . . . . . . . . . . . . . . . . . . . . . . 577,748 INDEX Game and Fish (Continued). 584-0ysters, shellfish, inspection .......................... . 647-License, amend Act providing......................... . 687-Taking fish, Ogl~thorpe County ....................... . 578 6297749 677 74o-Hunting Deer, Clinch County ........................ . 849,1063, IIOI GARNISHMENT AND GARNISHEES (See Amendments to Code)- GASOLINE (See Taxes and Tax Laws)- GENERAL ASSEMBLY (See Amendments to Constitution) (Counties and County Matters) (Elections and Election Laws)- 7o-Reapportionment members of House .............. . 61,62 97-Prohibit employment of members ................ . 65,217,843 45-243a-lncrease term of ............................... . J70,253,II79 274-Reapportion members of House .................. . 214,277,831 41 5-Special auto tags for, request . . . . . . . . . . . . . . . . . . . . . 355486,592 596-Committees, visitation .......................... . 6o2 GEORGIA PRODUCTS279-Require State buy, when practicable .................. . GEORGIA RAILROAD COMPANY345-Amend Charter of. ................................ 298,409,1076,1278 351-Taxation property of ............... 299,409,1076,1077,1104, II62, 1276 GOVERNOR (See Amendments to Constitution) (Appointees) (Appropriations)- 191-Authorize convey land., Evans County.................. 138,4Io,698 326-Lease State Prison Farm.............................. 270,363,700 672-Purchase certain property, Tattnall.................... 657,812 GYPSIES, HORSE TRADERS483-Levy tax on......................................... 422,423,727 H . HEALTH AND HEALTH LAWS (See Venereal Diseases) (Game and Fish)- HIGHWAY AUTHORITY (See Counties and County Matters)- HIGHWAY BOARD, STATE (See Amendments to Code) (Condemnation)- 3-Create, repeal 1937 Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43, II 8, 209 66-Provide five members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58, 102 I 57-Auditing of claims against ........................ 123, 252,372,374 536 4II-Construct, maintain airports. . . . . . . . . . . . . . . . . . . . . . . . . . 354,485, II08 494-Curb sidewalks adjacent highway. . . . . . . . . . . . . . . . . . . . . . 440,1062 HIGHWAY MAP, NEILL-TRAYLOR89-Add certain mileage to................................ 64,383,413 9o-Add certain mileage to........................ 64,276,414,419,420,69I 91-Add certain mileage to........................... 64,276,414,753108o INDEX Highway Map, Neill-Traylor 92-Add certain mileage to ........................... 64,383,414,753 1081 203-Add certain mileage to ....................... 150,276,525,529,535663 261-Add certain mileage to................................ 196,304,686 295-Add certain mileage to................................ 235,384,688 358-Add certain mileage to... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300,384,701 364-Add certain mileage to .............................. -312,313,384,703 375-Add certain mileage to................................ 314,384,704 446-Add certain mileage to................................ 380,585,705 453-Add certain mileage to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401, 58 5, 705 507-Add certain mileage to................................ 457,587,664 559-Add certain mileage to ............................. 530, 531,727, 1086 712-Add certain milege to................................ 743 855,1080 763-Add certain mileage to ................................ I09I,II57I2I3 HIGHWAY PATROL (See Licenses and License Fees) (Pu,blic Safety Department Of)- HIGHWAYS, ROADS, STREETS (See Charters and Corporations, Municipal) (Highway Board, State)- 27-Lands donated for, reconvey . . . . . . . . . . . . . . . . . . . . . . . . . . 47,202,320,321 179-Govern, regulate use of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136,173 444-Lands condemned for, compensation.................... 379380,609 445-Rights of way, county procure......................... 380 HOLIDAYS, LEGAL (See Amendments to Code)- HOMESTEAD EXEMPTION (See Taxes and Tax Laws)- HOODS, ETC., (See Masks, Hoods)- HOSPITALS AND HOSPITALIZATION (See Amendments to Code) (Counties and County Matters)12-Create State Authority ............................... 4445,119,263 273-County owned, certain counties....................... 214,424,699721 309-Establishment hospital authorities.... . . . . . . . . . . . . . . . . . . 250>362, 1038 31o-Establish hospital authorities.......................... 250,362,1047 HOUSING AUTHORITY, STATEIT-Create............................................. . 655-Amend Housing Authority Law....................... . 769-Declare valid establishment of........................ . 44 119,263 642 1092 HUNTING (See Game and Fish)I INCOME TAXES (See Taxes and Tax Laws)- INSURANCE AND INSURANCE COMPANIES- 52-Party defendant, coverage private carrier. . . . . . . . . . . . . . . 56,747 59-Increase tax gross premiums ...... 57,68, 102,J08, 573,6I8,619, 1164,1196 INDEX Insurance and Insurance Companies (Continued 305-Make voluntary deposit bonds........................ . 3I8-Licenses agents, issuing .............................. . 436-Mutual-fire, regulate and tax ......................... . 449-Agents, occupational taxes ........................... . 45I-Abatement tax, gross premiums ....................... . 6o6-Appointment agent for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ()cry-By-laws not binding unless in contract................ . 248 269 378 40I 40I 6o4748,I2I8 6o4,749 INTANGIBLE PROPERTY (See Taxes and Tax Laws)- J JOINT SESSIONS- Consolidate election returns ............................... . 29 Inaugurate Governor-elect ................................ . 3I Hear A Capella Choir.................................... . 535 Hear Dr. J. Frank Norris ................................. . 594 Hear Governor Talmadge ................................. . I4IO JUDGES, JUDICIAL OFFICERS (See Amendments to Code) (Courts-City, County, etc.)- JUDICIAL CIRCUITS (See Fees and Fee Systems)- II8-Create new.......................................... I03 I37-Southwestern, court reporter. . . . . . . . . . . . . . . . . . . . . . . . . . 106,203,523 303-Brunswick, court reporter............................. 248,329,699 324-Piedmont, court reporter.............................. 270,329,699 599-Waycross, abolish fee system.......................... 6o3,9I0, 1085 633-Salary court reporter, certain.......................... 627,645,708 67tj-Compensation court reporter, certain ................ 675,8I2,II36,I386 745-Northwestern, abolish fee system . . . . . . . . . . . . . . . . . . . . . . 903 JURORS AND JURY DUTY (See Courts, City, County, Municipal, Etc.)463-Postal employees, exempt ............................. 403,1062, I207 JURY COMMISSIONERS (See Counties and County Matters)s6-Appointment, qualification of. ........................ . 252-Compensation of. ................................... . 354-Compensation, certain counties ....................... . 464-Duties, amend Code ................................ 56 I94329, I207 299, 11 35 403,6IO JUSTICES OF THE PEACE (See Amendments to Constitution) (Courts-City County, Municipal, Justices, Etc.)- L LABOR AND LABOR LAWS32-Amend Child Labor laws......................... . I22-Compensation injury, death employees............ . I39-Unemployment Compensation, amend ............ . 24o-Of convicts, limit hours of. ...................... . 47 I04 I IO, II I I69 INDEX Labor and Labor Laws (Continued). 276-Firemen joint labor organizations . . . . . . . . . . . . . . . . . 214 317-Regulate labor organizations...................... 269 62-335a-Memoralize Congress, strikes..................... 272 62-335b-Protect individuals from unions.. . . . . . . . . . . . . . . . . . 288,289 349-Workmen's Compensation, amend................. 299 66-36oa-Defense projects, labor unions. . . . . . . . . . . . . . . . . . . . 309412 91-Investigation Committee, increase................. 467 526-Workmen's Compensation, amend ........ :........ 480 94-53oa-Misdemeanor, force join union. . . . . . . . . . . . . . . . . . . . 481 668-Regulate strikes, slow-downs. . . . . . . . . . . . . . . . . . . . . 657,8 II, 1052 67o-Incorporate labor unions.............. 657,811,812,1055,1072,1073 LABOR, DEPARTMENT OFJ66-Increase term Commissioner of ........................ JIJ,I097I200 LAW AND LAW PRACTICE (See Amendments to Code) (Ordinaries)- Jo-Abolish special demurrers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 53-Mistrial, charge in writing ............................ 56,202,500,569 63-Depositions, etc., filing............................... 57330 1!~Compensation attorneys, appointed. . . . . . . . . . . . . . . . . . . . 103, 104,J61 311-Professional tax, allocated............................. 268 344-Abstract of title, claimant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 298,329 369-Time, manner, filing cases............................. JIJ,~ 499-Survival suits, public officers.......................... 456,517,844 57o-Will, take effect immediately. . . . . . . . . . . . . . . . . . . . . . . . . . 547 652-Appearance bond, form............................... 640 72o-Lost papers, establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . 801,91 I 748-Continuances, attorney legislator. . . . . . . . . . . . . . . . . . . . . . . 904, 1157, 1207 LEGISLATORS (See General Assembly)- LETHAL GAS161-Change from electrocution to ......................... . LIBRARIAN, STATE (See Amendments to Code) (Fees and Fee Systems)396-Salary of............................................ 324,6Q9,875 LICENSES AND LICENSE FEES (See Game and Fish) (Insurance and Insur- ance Companies) (Taxes and Tax Laws)- 2-Provide family drivers ................................ 42,43, 118,187 so-Hunting, fishing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 87-Motor vehicle, sheriff sell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 116-Fishing, not require. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 117-Fishing, exempt...................................... 103 I 55-Hunting, fishing, ordinaries sell ...................... 12J,484, 847, I 114 q8-Motor vehicle, county distribution..................... 136,204 18o-Motor carriers, reciprocal agreements................... 136 218-Motor vehicles, final day.............................. 152,205 INDEX Licenses and License Fees (Continued). 23cr-School bus drivers, reduce ............................ . 26o-Drivers, minor children .............................. . 465-Disabled veterans, eligibility ......................... . LIENS (See Amendments to Code)- LIQUOR (See Alcohol and Alcoholic Beverages) (Taxes and Tax Laws)- LIVESTOCK (See Agriculture and Agricultural Products)- LOANS AND LOAN SHARKS45-Regulate small loan business ......................... . 281-Regulate small loan business ......................... . 601-Smallloan, amend Code ............................. . 50,618 215 6o3 M MALT BEVERAGES (See Alcohol and Alcoholic Beverages)- MANICURING, UNGUIOLOGY277-Regulate practice, teaching of ........................ . MARKERS, MONUMENTS, MEMORIALS, ETC.27-107d-Milhollin Memorial Bridge ...................... . 57-307d-DeSoto Trail, designate ......................... . 59-326b-Thomas E. Watson stamp ....................... . 478-Jefferson Davis Memorial Park .................. . 488-0n public property, clarify policy ................ . 103-593a-Joe Wheeler Highway, designate ................. . 124-Dr. L. G. Hardman, bridge ...................... . MARRIAGES174-Medical certificate, venereal diseases before ............ . 67,328,J69 249362,1143 271,363,468 422,591748 439 597727,1283 753,854 MASKS, HOODS224-Prohibit wearing of .................................. . MEATS (See Agriculture and Agricultural Products)- MESSAGES (See Communications)- MESSAGES, SENATE- 15,16,5998,101,107,I26,127,159165,166,167,193 208,228,229,231,232,247>248,266,267,268,295296, 297319,330331,332353354>404,405,406,416,417, 425,426,427,446447468,469,500,501,502,503,504, 525,526,527,571,572594595610,611,633634>635 636,6 51,652,670,671,691,692,693734736,762,763 , 764,837,838,839,840,889,1041,1046,I072,1119,1120, 1122,1164,1175,1176,1251,1252,1253>12591296,1297 1299,1300,1301,1306,1321,1334>1337>1348,1354>1358, 1359,1375,1379,1380,1381,1386,1387,139413951399 1407,1408,1412,1413,1414,1416,I417,I422,1425,1426, 1427 INDEX MILITARY FORCESI46-Positions officeholders in, protect.................... 112,36I, 1138,1163 296-Establish Home Guard............................... 235>362,754 MILK (See Agriculture and Agricultural Products)- MILK CONTROL BOARD6I-Create............................................. . I26-Amend Act establishing.............................. . 682-Create............................................. . 57 105' 141 '764 676 MISTRIALS (See Law and Law Practice)- MORTGAGES (See Deeds, Mortgages, Etc.) (Amendments to Code)- MOTION PICTURES, FILMS- I4I-License operators machinery ......................... . III,204,I035 688-Distribution, amend Act relating ..................... . 677,800 MOTOR FUELS (See Taxes and Tax Laws)342-Premiums purchase of, prohibit ....................... . 46o-Prices, Public Service Commission set ................. . MOTOR VEHICLES (See Amendments to Code) (Licenses and License Fees) (Taxes and Tax Laws) (Trolleys, Trackless)- 205-Highway patrol inspect passenger. . . . . . . . . . . . . . . . . . . . . . I 50, 5I4 N NATIONAL GUARD (See Military Forces)- NATURAL RESOURCES, STATE DEPARTMENT462-Amend Act creating ................................. . 553-Amend Act creating ................................. . NAVAL STORES372-Supervising inspector, amend. . . . . . . . . . . . . . . . . . . . . . . . . . 3I4,4I I ,455 NOISES- 552-Aggravating, control and suppress...................... 530,587 NOTARIES PUBLIC (See Fees and Fee Systems) (Counties and County Matters)- 0 OBSCENE LITERATURE45o--Possession, transportation of ......................... . OFFICIAL ORGANS57-Designation of. ..................................... . 469-Selection, certain counties............................ . 503-Selection, certain counties............................ . 587-Selection, certain counties............................ . 56 420 457707 578,682,1087 INDEX OLD AGE PENSIONS (See Social Security)- OPTOMETRY48-Define practice of. ................................... 50,141 449450 ORDINARIES (See Counties and County Matters) (Courts-City, County, etc.) (Fees and Fee Systems) (Licenses and License Laws)23-Prohibit giving legal advice ........................... . 46,201,318 51o-Compensation, certain counties ....................... . 458549,664 ORGANIZATIONHouse called to order..................................... . Oaths of office ........................................... . Election of Speaker . . . ................................... . Election of Clerk......................................... . Election of Speaker Pro T em .............................. . Election of Messenger . . .................................. . Election of Doorkeeper ................................... . Appointment of attaches .................................. . Report of tellers . . . ...................................... . Inauguration Governor-elect............................... . Drawing of seats......................................... . 5 10,51,244 10 12 16 18 20,21 25 30 31,32 51 OSTEOPATHY402-Further regulate practice of ......................... 325,461 ,840,1301 p PARK AUTHORITY, STATE649-Create ........................................ 629,749, 843,844, 1349 PARKS, STATE (See Appropriations)- PARTNERSHIPS643-Limited, nature firm name ........................... . 628,1097 PAROLES, PARDONS (See Amendments to Constitution)8-Regulate granting of.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44, ll9, 263 I 2-32a-Limit power of Governor ......................... 48, 36o, 393 , 404 PENSIONS (See Amendments to Constitution) (Charters and Corporations, Munici- pal) (Counties and County Matters)- 213-School teachers, provide ............................. . 151,853 234-Police Department, certain cities...................... . 168 241-Confederate, increase ................................ . 169,170,253 729-0_perate slot machines for ............................ . 8o2 PETROLEUM PRODUCTS (See Motor Fuels)- PHARMACIES AND PHARMACISTS (See Drugs, Drug Stores)219--Qualification applicants register...................... 152, 172,173,1200 INDEX 1459 PHYSICIANS686-Encourage practice small towns...................... 676,677,812,II71 PIPE LINES- 41-Eminent domain for ......... 49 584,6I8,636,637652,65367I ,693,694 42-Traverse public property.............................. 49584,618 6oo-Declare as common carriers........................... 603 n8-Ascertain President's wishes as to...................... 718 704--0perators make returns Comptroller.................... 742 Message from Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1203, 1204 169-Place pipe line bill on calendar. . . . . . . . . . . . . . . . . . . . . . . . 1260 175-Government ownership of............................. 1318 PLUMBERS, STEAM FITTERS275-Examination, certain counties. . . . . . . . . . . . . . . . . . . . . . . . . 214,442,686 POLICE AND POLICEMEN (See Charters and Corporations, Municipal) (Pensions) (Counties and County Matters)- POLICE COMMISSIONERS, BOARD OF- IIo--Create ............................................ 68 POLL TAXES (See Elections and Election Laws) (Taxes and Tax Laws)- POSTAL EMPLOYEES463-Exempt from jury duty............................... 403, 1062, 1207 PRACTICE AND PROCEDURE (See Law and Law Practice)- PREMIUMS, PRIZES, REBATES, ETC.342-Purchase petroleum products, prohibit........ PRISON AND PAROLE COMMISSION (See Paroles, Pardons)I'28-Repeal Act changing name ........................... . 649-Amend Act changing name ........................... . PRISON COMMISSIONERS, GEORGIA27o--Salaries of .................................. PROCESSIONERS4'26-Returns by, to whom made ....................... PRISON FARMS, STATE SUPERINTENDENT OF9-Create office of ..................................... . 129-Create office of ..................................... . PROHIBITION (See Alcohol and Alcoholic Beverages)- PUBLIC FUNDS2oo-Publish report receipt, etc..................... '213 44 25'2351 I05,I55 INDEX PUBLIC SAFETY, DEPARTMENT OF (See Licenses and License Fees)- 2os-Inspect private passenger vehicles.. . . . . . . . . . . . . . . . . . . . . 150,514 PUBLIC SERVICE COMMISSION (See Water and Water Rates)IJ-Payments to members ............................... . 46o-Prices petroleum products, fix ........................ . PUBLIC UTILITIES6I2-Tax returns of, Govern............................... . PURCHASES, SUPERVISOR OF4-Repeal Act creating, re-establish ................. . 69-408a-Goods manufactured by blind, purchase ........... . PURSUIT, FRESH (See Crime and Criminals)- 6os 4J,II8,209 J26,411 R RACING AND RACING COMMISSION28o-Regulate, license .................................... . RADIO COMMISSION, STATEIo-Repeal Act establishing .............................. . REAL ESTATE329-Claims creditors, deceased persons .................... . REAPPORTIONMENT, LEGISLATIVE (See General Assembly)- RECIPROCAL AGREEMENTS (See Amendments to Code) (Licenses and License Fees)- REFUNDS (See Taxes and Tax Laws)- REGISTRARS, COUNTY (See Counties and County Matters) (Elections and Election Laws)- REPORTERS, COURT (See Judicial Circuits)- REPORTS, SPECIAL COMMITTEE- Investigating cruelty to prisoner ........................... . IJ50 REPORTS, STANDING COMMITTEES- Academy tor the Blind. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1151,1208 Amendments to Constitution No. 1.... 1IJ, 126,197, 250,J56.so9,5I0,642,658, 6s9,8o2,8oJ,85o,8si Amendments to Constitution No.2 .... IIJ,2J6,2J74o6,6o6,8oJ,85I ,go4,905, 10g2,1152 Appr~priations .......................................... . 8so Aviation ................................................ . 481, IJ22 Banks and Banking ...................................... . JI6,510 INDEX Reports, Standing Committees (Continued). Corporations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I093 Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4o6,407,90.~, I093 I328 Counties and County Matters .... I I3, 2I 5, 2I6, 237, 25I, 273,357,423 ,44I 459 482,5I0,5II,548,6o6,642,643659678,745 803,804,905I059I093I094II52,II53 I I9I, I32I, I329 Education No. I ............................ 25I,J80,459,6o6,659679,I323 Education No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459 Engrossing............................................... I428 Enrollment... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I428 Game and Fish . . . . . . . . . . . . . . . . . I97 I98,300,30I ,38I ,482, 5II 744 745,851, I059,I06o,1322,I329 General Agriculture No.1. ............ I40,3I6,358,407,5I2,58o,66o,8o4,8o5 General Agriculture No. 2.................................. 17I General Judiciary No. I .............. I98,273358,407,459460,5I2,58o,6o7, 745746905906,I060,II531323 General Judiciary No. 2............................. 580,6o7,679 1322,1329 Georgia State Sanitarium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1070 Halls and Rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 153 Historical Research .......................... 273,274,358 ,482,6o8, 722,852 Hygiene and Sanitation .................. I70, I7I, 274326,407,408,46o, II 53 Industrial Relations....................................... 723, I094 Insurance ................................................. 746, I094, I330 Interstate Cooperation.... . . . .................................... 30I ,381 Legislative and Congressional Reapportionment .................. 274~907 Military Affairs ....................................... 359 532,1 I 54 1330 Motor Vehicles ............................. 197,483, 5I2, 580,581,679,1286 Municipal Government .......... I I4, I53 I 54 170,198, 199,25I ,252,302,J27, 3594o8,44I442,58I,629,64366o,67968o, 723,805,852907Io6o,I094,I095I154 Penitentiary ............................................ 723,826,827, I095 Pensions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25I ,483, I323 Privileges and Elections ................... 51, I 5435936o,381 ,382,907, II 55 Public Highways No. I ............ 301 ,382,582, 723,724,852,1060, I06I, II 55 Public Highways No. 2 .................................. 274,275,382,1061 Public Printing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30I, 513 Public Property........................................... 483 Public Welfare............................................ 302,1155 Rules......................... 372,633,65o,67o,695696,733734754765, 828,836,870,87I,888,I029,I07I,I0791I02, II03,IIII,II63,II70,II76,II941268,I288, 1333,1366 Special Appropriations ....................... 302,46o, 582, 746,907908, 1192 Special Judiciary ...... I99 236,327,483, 5I3, 582,583, 8o6,908, I095, I322, 1330 State of Republic ....... II 5, 139, I40, I 54, I7I, 199,200, 2I 5, 250,251 ,36o,4o8, 409,5I3,532,6o8,747807,852,II5411551331 State Prison Farm ........... , . . . . . . . . . . . . 8o6 INDEX Reports, Standing Committees (Continued). Temperance ............................................ J82,J8J,484, 1o61 University System of Georgia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 724, 8o5, 8o6 VVays and11eans ....... 200,275JOJ,409460,46I,S8J,68o,724,725,IOS8,I096 REPORTS, SUPRE11E AND APPEALS COURTS (See Appropriations)- 46-259a-Furnish Ordinary, Thomas County. . . . . . . . . . . . . . . . 195,442,686 53-297b-Furnish Clerk Dawson County.................... 235442,699 113-672a-Furnish Hart County, certain.. . . . . . . . . . . . . . . . . . . . 658 130-742a-Furnish 11onroe Cou,nty, certain. . . . . . . . . . . . . . . . . . 849 REPRESENTATIVES (See General Assembly)- REPTILES (See Snakes, Reptiles)- RESIGNATIONS- VVoodrow Tucker, messenger .............................. . 289 REVENUE CERTIFICATE LAVV569-Amend ............................................ . RIGHTS OF VVAY (See Highways, Roads, Streets)- ROADS, STATE AID (See Highway 11ap, Neill-Traylor)- s SEA FOODS (See Game and Fish)- SEARCHES AND SEIZURES62-Immunity from unreasonable ......................... SECRETARY OF STATE14-Fix salary of ....................................... . SEINES AND SEINING (See Game and Fish)- SCHOOLS AND SCHOOL LAWS (See Amendments to Code) (Appropriations) (Charters and Corporations, 11unicipal) (Counties and County 11atters) (Education, State Board of) (Licenses and License Laws)- 193-Compulsory school attendance ............. IJ8,25J 1144,1162,1163 2Io-11inimum salary of teachers. . . . . . . . . . . . . . . . . . . . . . 151 213-Pensions, retirement, teachers. . . . . . . . . . . . . . . . . . . . . I 51,853 291-Equalization fund for, amend..................... 234,277,1129 299-Election superintendent ......................... 236,277,307,827 JIS-Proceeds school bonds, how used. . . . . . . . . . . . . . . . . . 269,585,831 327-Consolidation school districts. . . . . . . . . . . . . . . . . . . . . 271,411 328-Tax elections, school districts. . . . . . . . . . . . . . . . . . . . . 271,411 332-Appointment county boards education. . . . . . . . . . . . . 272,308 392-Transportation, school teachers ............ J2J,J24,J84, II 10,1163 466--Couhty guperintendents, compensation. . . . . . . . . . . . . 403, 446, 462 INDEX Schools and School Laws (Continued). 475-State Board Education, powers .................. . 476-Adult illiterates, instruction ..................... . 85-491b-Set apart revenue as school funds ................. . 538-Salary schedule of teachers ...................... . 541-Compensation, county boards.................... . 582-Compensation, county boards.................... . 619-Reduction appropriations not affect............... . 62o-County superintendent, duties ................... . SCRAP IRON147-Define buyer of...................................... 421,462 421,462 439440,517 507 507,678,681 577 625 625,662 II2,8o8, 1269 SEEDS (See Agriculture and Agricultural Products)- SHERIFFS, DEPUTY SHERIFFS (See Amendments to Code) (Bonds) (Counties and County Matters) (Fees and Fee Systems)- SINKING FUNDS134-Counties, cities, legal investment of .................. I06,20J SLOT MACHINES- 729-Lease, pay old age pensions .......................... . 8o2 SNAKES, REPTILESJ2I-Prohibit handling poisonous .......................... . SOCIAL SECURITY LAWS (See Pensions)9J-Amend Old Age Assistance Act ....................... . 407-Distribute old age pension equally .................... . SOFT DRINKS (See Taxes and Tax Laws)- STATE AID ROADS (See Amendments to Code) (Highway Map-Neill-Traylor)- STATE HIGHWAY DEPARTMENT (See Highway Board, State)- STATE PRISON FARMJ26-Authorize Governor lease............................. STOCK LAW (See Amendments to Code)- 270,J6J,700 STOCKS, BONDS, SECURITIES (See Bonds) (Insurance and Insurance Laws)- SUITS, SURVIVAL OF499-Against public officers, provide. . . . . . . . . . . . . . . . . . . . . . . 456,517,844 SUPERINTENDENT OF SCHOOLS, STATE (See Amendments to Constitution)17-Fix compensation of................................. 45,120,264 SUPERIOR COURTS (See Courts, City, County, Superior, Etc.)- INDEX SUPERVISOR OF PURCHASES (See Purchases, Supervisor of)- SURETIES ON BONDS (See Bonds)- II-2oa-George Macris, relieve ....................... 46,254,255,J28,37I 26-Io7c-Joe Jones, et al, relieve.......................... 67,203,52I 28-I07e-C. F. McCook, relieve........................... 67,203,52I 29-Io7f-S. C. Clements, relieve........................... 67,203,52I 34-I37c-M. E. Field, et al, relieve........................ Io7,204,524 35-137d-M. E. Field, relieve ............................ I07,204,524,525 8I-466c-Arthur Leotis, relieve............................ 404,809 I32-742c-W. A. Jones, et al, relieve........................ 850,9I2, Io8o SURVEYOR, COUNTY (See Counties and County Matters)- SURVEYS353-Cadastral, authorize ................................ 299>364,898, I395 T TAGS (See Taxes and Tax Laws)- TAX APPEALS, STATE BOARD OF593-Limit jurisdiction of.................................. 579,6Io, I I I7 TAX ASSESSORSI45-Unlawful hold other offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I I, 237, I 207 TAX COLLECTORS-RECEIVERS-COMMISSIONERS (See Counties and County Matters) (Taxes and Tax Laws)- 35-Bibb County, consolidate ............................. 48, I I6, I28,J43 265-Wilcox County, abolish .................... 2I3,276,3o6,307, I338, 1389 31 6-Commissions allowed, amend Code. . . . . . . . . . . . . . . . . . . . . 269 322-Clayton County, amend.............................. 270,363>388 34o-Commissions allowed to .............................. 297,442,443, 701 374-Appling County, abolish ....................... 314,365,J90,39I, I400 422-Stephens County, amend.............................. 356,443,464 461-DeKalb County, amend............................... 402,6I0,631 479-Henry County, amend................................ 422,462,486 487-Washington County, compensation..................... 439,549,588 527-Bonds of, amend Code ............................ 480, Io62, I20I, I388 536-Cook County, amend................................. 507,9IO,Io63 579-Amend Act to provide for............................. 577,682, Io86 697-Receivers, duty, certain counties....................... 722,910, I08I 7Io-Madison County, amend.............................. 743,911, Io65 TAXES AND TAX LAWS (See Amendments to Code) (Amendments to Constitution) (Charters and Corporations, Municipal) (Elections and Election Laws) (Fees and Fee Systems) (Appropriations) (License and License Fees) (Schools and School Laws)7-Motor fuels, allowance distributors. . . . . . . . . . . . . . . . 44, I I9, I27 24-For relief, grand jury approve ..................... 46,202,JI8,3I9 INDEX Taxes and Tax Laws (Continued). 59-Insurance premiums, increase ......... 57,68, 102,308, 573,6 I8, 6I9, II64, II96 67-Intangibles, amend .............................. 58,275, 276,62I 73-Suspension unemployment, ratify.................. 62,203,696 u3--Gas tax, farm machinery, refund. . . . . . . . . . . . . . . . . . I03 I25-Net income, resident individuals. . . . . . . . . . . . . . . . . . I04, 105 I49-Homestead exemption, amend..................... II2,204 I66-Refund tax, gas, farm machinery.................. I25,726 I92-Income, provide exemption....................... I38, 726, I I29 2o6-Distribution, gas, to counties. . . . . . . . . . . . . . . . . . . . . I 50,59 I 208-Sunday movies, old age pensions.................. I50,46I 228-Cigars, etc., discount stamps...................... I67 233-Personal property exemption..................... I68,2o5 44-239b-Ratify suspension certain......................... I69,726,834 247-Liquor, confiscated vehicles....................... I94,485 48-259c-Refund unconstitutional......................... I96,385,909 28o--Racing, regulate, tax............................. 2I5 292-Redemption property sold under . . . . . . . . . . . . . . . . . . 234 356-Fuel for farms, exempt........................... 300 363-Severance, timber cutting........................ 3I2 378-Recording certain documents ................ 3I 5,367,46I, 59 I ,683 379-Intangibles Classification, amend . . . . . . . . . . . . . . . . -3I 5,367, 726,8ublic money, officers deposit..................... 73I ISs-Pensions, police, certain.......................... 752 I59-Primary elections, certain........................ 752 43-I44a-Wilkes County, restitution. . . . . . . . . . . . . . . . . . . . . . . 825,909, I420 I 5s-Pensions, police, certain. . . . . . . . . . . . . . . . . . . . . . . . . . 867 I 59-Nominations, certain counties .................... 867, I33I, I398 63-Misdemeanor cases, disposition, certain . . . . . . . . . . . . 1028, I33I, I399 I89-Pensions Police, certain .......................... I070, II s6, I 2I3 201-White County, commissioners... . . . . . . . . . . . . . . . . . . I I02 205-Recall commissioners, certain ..................... I 102, I325, I398 209-Banks County, Commissioners .................... 1148,1157,1192 2I2-Tax returns, certain counties ...................... 1148, I I49, I325 2I9-Bulloch County, fire protection .................... 1183,1192, I332 222-Clinch County, commissioners. . . . . . . . . . . . . . . . . . . . II84 227-Heard County, commissioners ..................... I28o, I325, I333 COURTS, CITY, COUNTY, MUNICIPAL, SUPERIOR, ETC.- 37-Meriwether Superior, terms. . . . . . . . . . . . . . . . . . . . . . . . . . . 242>328,474 38-Greenville City Court, repeal. ........................ 242,328,367,368 7I-Miller County City Court, amend... . . . . . . . . . . . . . . . . . . . 290,36I ,387 93-Sandersville City Court, establish...................... 649,807,856 I66-Superior Judges, continue Grand Jury. . . . . . . . . . . . . . . . . . 1069, I33I I8I-White County City Court, create. . . . . . . . . . . . . . . . . . . . . . I070 CRIME AND CRIMINAL LAWS (See Counties and County Matters)23-Desecration of grave, punishment...................... 242,328,373 INDEX D DAIRY AND DAIRY PRODUCTS- 202-Define Dairy ....................................... . IJ26 DOCTORS- I I9-Prohibit use prefix of ................................ . IJ25 E EDUCATION, BOARD OF EDUCATION (See Schools and School Laws)- ELECTIONS AND ELECTION LAWS (See Counties and County Matters) (Schools and School Laws)- 22-State-wide general, repeal............................. 255 ,J6I 474 97-Recount of ballots, provide ......................... 65o, 853, IJOO, IJI 5 I59-Nomination officers, certain counties ................... 867, IJJI, IJ98 I7J-Identification voters, provide .......................... I I02, II 56, IJ44 ELECTRIFICATION, RURAL (See Taxes and Tax Laws)- EXECUTION DOCKET (See Amendments to Code)- EXPENSESI8-0fmansion, travel, etc., regulate ....................... 752,85J,I397 EXPLOSIVES59-0wners of, registration 4I5532595 F FEES AND FEE SYSTEMS (See Judicial Circuits) (Amendments to Code)- FRATERNAL BENEFIT SOCIETIESI48-Certificate to members of, repeal. ...................... ro69, Io96, IJ70 G GAME AND FISH (See Taxes and Tax Laws) (Licenses and License Fees)68-0pen season for hunting ........................... 370,484,7IJ, IJ74 GENERAL ASSEMBLY2I-68b-Annual 50 day session ........................... . 38-I37a-Subsistence members of ........................ . I2J-Reapportion, members of House .................. . J09,J60,596 824,85J,IJ8I 865,908,909 GOVERNORI6-Confirmation appointees of, repeal .................. 187,201,228 GRAVE ROBBERS (See Crime and Criminal Laws)- INDEX 1477 H HEALTH LAW, ELLISIII-Amend Code, reference to ............................. 668,n56,I421 HIGHWAY BOARD, STATE- 2-Create new, repeal .................................. I3I, I40, I59 I6o 26-Counties bid improve public roads. . . . . . . . . . . . . . . . . . . . . 242,303,374 I26-Curb, pave sidewalks................................. 824,1061 HIGHWAY MAP, NEILL-TRAYLOR4o-Add certain mileage to ............................... 242,243,2757I3 83-Add certain mileage to................................ 446,584,7I4 HIGHWAYS, ROADS, STREETS, ETC. (See Highway Board, State)- 6I-Authorize closing of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534,725 66-Govern, regulate use of ........................ 649,663,68o, I304, 1305 HOSPITAL AUTHORITY, STATEIo-Create............................................. . I86,2oo,224 HOSPITALS AND HOSPITALIZATION- 55-Group hospital service, authorize .................. 255409,410,475498 199-Group Insurance contracts ............................ I279 1280, I33I HOUSING AND HOUSING AUTHORITIES9-Create State ....................................... . 77-Persons engaged defense activity ...................... . I86,200,224 534 II 56 I INCOME TAXES (See Taxes and Tax Laws)- INCOMPETENT PERSONS- I85-Support spouse, children of. .......................... . I279 INSURANCE AND INSURANCE COMPANIESSo-Make voluntary deposits, Treasurer ................... . 25-Estop pleading misrepresentation ..................... . 88-Tax on gross premiums, amend ....................... . 445747,I3I3 5I8, I33I 590,726 INVESTMENTS, LEGAL- I98-0f certain fiduciaries, deposits ........................ . I279 J JUDICIAL. CIRCUITS48-Stone Mountain, fees Solicitor......................... 308,461,713 95-Pataula, abolish fee system ......................... 649,650,I324,I4I5 I82-Salary reporter, certain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 825 909 I I36 INDEX JURORS (See Courts, City, County, Municipal, Etc.)39-Women, provide for ................................. . L LABOR AND LABOR LAWS44-Amend Unemployment Compensation ............... 589,725, I III, III2 78-Regulate labor organizations . . . . . . . . . . . . . . . . . . . . . . . . . . 6I6,8o7, n65 LICENSES AND LICENSE FEES (See Taxes and Tax Laws)- I-Family drivers license, provide ........................ I3I, I40, I 56, I57 79-Purchases of auto, date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534 535,584 I42-Hunting-fishing, ordinary sell. . . . . . . . . . . . . . . . . . . . . . . . 866,1062 I88-Fishing, amend ...................................... I279 I325, I402 M MEDALS, RIBBONS, DECORATIONS, ETC.2IS-Provide World War Veterans with ..................... . I326, I332 MILITIA AND MILITARY FORCES6o-Fresh pursuit by, authorize........................... 4I4,533596 MOTION PICTURES, FILMSI72-Distribution, licensing of..................... 732, I098, II69, I339 I368 75-Permit Sunday operation of ........................... I279 I324, I375 MOTOR CARRIERS (See Amendments to Code)- MOTOR FUELS (See Taxes and Tax Laws)- MOTOR VEHICLES (See Amendments to Code)- N NUISANCES, PUBLICI p-Abatement of certain, provide for ..................... 0 OBSCENE PICTURES, LITERATUREI22-Prohibit, penalize ..................................... 865, IJ24, I370 p PAROONS28-Io2a--Of ex-Governor Rivers, investigate ................ . 370,4II INDEX 1479 PENSIONS (See Amendments to Code)I5I-Confederate Soldiers, burial expenses................... 866,867,1324 POLICEMEN58-Authorize appointment special......................... 370,532,591 PRISON AND PAROLE COMMISSION6-Amend Act changing name ... 241,252,290,291 >349,41 5,416,417,447,448 PRISON FARMS, STATE SUPERINTENDENT OF7-Create office of ..................................... 241,252,291,351 PUBLIC SAFETY, DEPARTMENT OF- I so-Amend Act creating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 866' II 58 2oo-Amend Act creating .................................. 1184,1332,1402 PUBLIC SERVICE COMMISSIONII-Payments to, repeal.................................. 487,514,537 PUBLIC WELFARE, STATE DEPARTMENT OF91-Compensation of Director............................. 590,853 PURSUIT, FRESH6o-By military forces, provide. . . . . . . . . . . . . . . . . . . . . . . . . . . . 414,533,596 R RADIO COMMISSION, GEORGIA8-Repeal Act establishing .............................. 185,200,223,224 RECIPROCAL AGREEMENTS67-Motor Carrier tags, amend ........................... . 534 1306 REAL ESTATE COMMISSION1o4-Amend Act relating to................................ 824,908,1375 REAPPORTIONMENT, LEGISLATIVE (See General Assembly)- REGISTRARS, COUNTY (See Counties and County Matters)- s SCHOOLS AND SCHOOL LAWS (See Elections and Election Laws)- 4~Consolidation school districts, election.................. 290,383,475 81-Compensation, county boards education ................ 445,68o,u37 87-State Board of Education, amend.. . . . . . . . . . . . . . . . . . . . . 617,661,1307 101-Trade-eommerce teachers, employment . . . . . . . . . . . . . . . . . 617,661, 1359 102-Extension work, agriculture. . . . . . . . . . . . . . . . . . . . . . . . . . . 617,661,1359 105-Discrimination, public schools, prohibit................. 617 137-Adult illiterates, instruction ........................... 866,1324,1421 INDEX Schools and School Laws (Continued). 138-Adult illiteracy ...................................... 866,1324,1422 149-Compensation, county boards education. . . . . . . . . . . . . . . . 1069,1324 208-Clerical help, county superintendents ................... I28o, 1325, 1391 21 !-Priority of appropriations to ...................... 1280,1332,1403,1409 SCHOOL SUPERINTENDENT, STATE (See Amendments to Constitution)- SECRETARY OF STATEI2-Fix salary of ....................................... . I86,201,227 SHERIFFS, DEPUTY SHERIFFS (See Counties and County Matters)- SOCIAL SECURITYI68-Provide more efficient administration ................... 1028, II 56, I 293 SOLICITORS GENERAL (See Judicial Circuits)- STATE AID ROADS (See Highway Map-Neill-Traylor)- STORES, ROLLING (See Taxes and Tax Laws)- T TAX APPEALS, STATE BOARD OFI78-Limit jurisdiction of. . . . . ........................ I069, 1070, II 56, I I57 TAX COLLECTORS-RECEIVERS-COMMISSIONERS2o-Fulton County, abolish .............................. . 121-DeKalb County, amend ............................. . 125-Amounts commissions allowed to ..................... . 241 535,807,1137 590,644,715 TAXES AND TAX LAWS (See Amendments to Code) (Insurance and Insurance Companies) (Schools and School Laws)- 5-Motor fuel, allowance distributors. . . . . . . . . . . . . . . . . . . . . 131,132 31-County taxation, pauper ......................... 242,461,544568,569 19-Rural electrification, exempt.......................... 309,385,513,541 72-Rolling store tax, amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445,583, 1360 I 58-Dealers, fish, shrimp, etc., tax ......................... 867' 1062,1372 212-Tax returns, certain counties .......................... II48, I 149, 1325 21o-Due on income of decedent............................ 1280 TAX EXECUTIONS (See Taxes and Tax Laws)- TAX EXEMPTIONS (See Taxes and Tax Laws)- TEACHERS (See Schools and School Laws)- THEATERS (See Motion Pictures)- TIMBER94-Prohibit cutting without legal right ................... . INDEX TOURIST CAMPS21-Guests register under true names.............. 242,275372,373385,570 TREASURERS, COUNTY (See Counties and County Matters)- TREASURER, STATE3-Suspension of, provide for ............................ . 13-Fix salary of ....................................... . 207,216,244 I86,2o1,227 u UNEMPLOYMENT COMPENSATION LAWS (See Labor and Labor Laws)- UNIVERSITY SYSTEM OF GEORGIA- 183-Provide course veterinary instruction ................... . 1279 v VETERANS (See Pensions)- VETERINARIAN, STATE42-Commissioner Agriculture exercise duties ............... . 43-Abolish office of .................................... . w 290,361,474 290,361 475 WEIGHTS AND MEASURES- 218-Establish State standards of.......................... . 1326 y YEAR'S SUPPORT107-Leave sell property set apart as . . . . . . . . . . . . . . . . . . . . . . . . 668, 68o, 1421 z ZONING AND PLANNING LAWS (See Charters and Corporations, Municipal) (Counties and County Matters)- PART IV SENATE RESOLUTIONS 2-Joint Committee, notify Governor . . . . . . . . . . . . . . . . 22,23 3-}oint session, election returns. . . . . . . . . . . . . . . . . . . . . 23 4-lnauguration of Governor. . . . . . . . . . . . . . . . . . . . . . . . 23 5-}oint Committee arrange inauguration. . . . . . . . . . . . . 23 I5-Joint session, hear Governor...................... 132 Io-School superintendent, term office ................ 186,201,224,225 2o-Extend time purchase tags . . . . . . . . . . . . . . . . . . . . . . . 209 16-Telfair County, new industries ................... 241 ,36o,887,969 INDEX Senate Resolutions (Continued). 2I-68b-Annual sessions, General Assembly. . . . . . . . . . . . . . . . 30~),360, 596 I9-Rural electrification, tax exempt ................ -309385,5I3,541 13-Survey state lines ............................. 370,484, 539,774 28-I02a-Investigate pardons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370,411 3I-I07~-Dr. J. Frank Norris, invite. . . . . . . . . . . . . . . . . . . . . . . 4I2,4I9,420 30-I03a-Milledgeville A Capella Choir . . . . . . . . . . . . . . . . . . . . 4I 2 26-Soa-Muscogee County, pay salary Judge.. . . . . . . . . . . . . . 445,747, IQ98 34-I I?a-Committee, study taxation. . . . . . . . . . . . . . . . . . . . . . . 487, I420 44-I44b-Law books, Coffee County. . . . . . . . . . . . . . . . . . . . . . . 59 I, 726, I I36 q-Limit pardon power Governor. . . . . . . . . . . . . . . . . . . . 649 4I-I4ob-Davisboro School, bonds ........................ 65o,8o8,887,972 38-I37a-Subsistence, General Assembly........ . . . . . . . . . . . . 824,853, I38I 42-I4oc-Revenue Anticipation obligations ..... 825,909, Io68, 1096, I339 I355 43-I44c-Restitution, Wilkes County....................... 825,909,I420 5I-I85a-Hart County, law books.......................... 825 37-I36a-Navigable streams. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 866, II 58 57-I95a-Geological survey, 2nd district. . . . . . . . . . . . . . . . . . . . 868 52-I92a-Elections, solicitors general . . . . . . . . . . . . . . . . . . . . . . . 1029, II 59, 1359 53-I92b-Elections, Superior Court Judges .................. 1029, II 59 I359 59-2Iob-Deferment dental students ....................... I029, II 59, I400 58-2Io-Request return House Bill No. 4I7. . . . . . . . . . . . . . . . 1068 54-I95a-Irwin County, funding bonds ..................... 1069, I I 59, I 245 6I-2I9a-Remove names, State Hospital. ................... 1149, II 57, I370 65-227-Miss Moina Michael, book ....................... I I49, I325, I399 62-223a-Librarian furnish court reports .................... I28o, I3J2, IJ98 67-228-Hunting, fishing rights, soldiers. . . . . . . . . . . . . . . . . . . IJ26, I3J2 68-228-Experiments, Herty Foundation................... I326 69-228-Joint Committee, conservation .................... I326, I332, I390