Journals of the ten-days special session and the regular session of the House of Representatives of the State of Georgia 1943

JOURNALS
OF THE
Ten-Days Special Sess_ion
AND THE
Regular Session
OF THE
House of Representatives of the State of Georgia
1943

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
State of Georgia
AT THE
SPECIAL TEN-DAYS SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Monday, January 11, 1943
1943 BoWEN PRBss
Decatur, Ga.

OFFICERS OF THE HOUSE OF REPRESENTATIVES 1943 AND 1944
ROY V. HARRIS, of Richmond............................................................Speaker FRED HAND, of MitchelL.............................................Speaker Pro. Tern. P. T. McCUTCHEN, JR., of Fulton........................................................Clerk JOSEPH M. BRANCH, of Washington............................................Chaplain GEORGE T. BAGBY, of Paulding..........................................Message Clerk J. C. KIMSEY, of White............................................................Calendar Clerk W. E. DIXON II, of Bibb..........................................................Reading Clerk A. W. WHEELESS, JR., of Fulton............................................]ournal Clerk HUGH STRIPLIN, of Heard..........................................................Messenger MARION TOMS, of Quitman......................................................Doorkeeper

HOUSE JOURNAL
FIRST DAY
SPECIAL TEN DAY SESSION
JANUARY 11, 1943
Representatives Hall, Atlanta, Georgia. Monday, January 11, 1943.
The Representatives-elect of the General Assembly of Georgia for the years 1943-1944, met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A. M., and were called to order by Honorable Joe Boone of Wilkinson, Clerk of the last House of Representatives.
The Invocation was delivered by the Rev. Joe Branch, of Davisboro, Georgia.
The Secretary of State transmitted to the Clerk the following list of names of the Representatives-elect:
John B. Wilson Secretary of State

Department of State Atlanta
Clerk of the House of Representatives State Capitol Atlanta, Georgia

January 11, 1943

Dear Sir:

I am transm1ttmg herewith the names of the Representatives elected in the general election held November 3, 1942, to represent the various counties in the General Assembly for the years 1943 and 1944, as the same appear from the consolidation of returns of said election which are of file in this office.

I am also transmitting herewith the consolidation of votes in a special election held in the County of Richmond to fill a vacancy caused by the resignation of Wm. M. Lester, and the consolidation of votes in a special election held in the County of DeKalb to fill a vacancy caused by the resignation of C. Murphey Candler.

Very truly yours,

John B. Wilson
Secretary of State

JoHN B. WILSON, Secretary of State.

Department of State Atlanta

Clerk of the House of Representatives State Capitol Atlanta, Georgia
Dear Sir:
I hereby certify that a special election was held in DeKalb County, Georgia, on the 6th day of January, 1943, for the purpose of electing a member of the House of Representatives in the County of DeKalb, and that consolidated returns of said special election, which are of file in this office, show the following result:

For member of the House of Representatives in the County of DeKalb:

Walter T. Candler J. F airris Cook Paul Crutchfield George A. Durden, Jr. True L. Freeman Homer F. George G. W. Glausier
H. 0. HUBERT, JR.
J. H. Kennerly Henry T. Mathews W. Hugh McWhorter ]. Hugh Rogers James R. Venable Paul F. White Wheat Williams

received 264 votes
received 75 votes received 50 votes
received 65 votes received 186 votes received 296 votes received 387 votes received 435 votes received 52 votes received 41 votes received 273 votes
received 75 votes
received 118 votes received 36 votes received 292 votes

Given under my hand and official seal this 11th day of January, 1943.

John B. Wilson Secretary of State

joHN B. WILSON, Secretary of State.

I>epartnlent of State Atlanta
Clerk of the House of Representatives State Capitol Atlanta, Georgia
I>ear Sir:
I hereby certify that a special election was held in RichOJond County, Georgia, on the 6th day of January, 1943, for the purpose of electing a Olenlber of the House of Representatives in the County of RichOJond, and that consolidated returns of said special election, which are of file in this office, show the following result:

For OleOJber of the House of Representatives in the County of RichOJond:

GEORGE C. NICHOLSON Jack T. Rogers AI. L. Traylor

received 2376 votes received 1197 votes received 58 votes

Given under Dly hand and official seal this 11th day of January, 1943.

]OHN B. WILSON,
Secretary of State.

State of Georgia
OFFICE OF SECRETARY OF STATE
I, John B. lf/ilson, Secretary of State of the State of Georgia, do hereby certify, that the four pages of typewritten OJatter hereto attached contain a true and correct list of the MeOJbers of the Georgia House of Representatives elected in the general election held the third day of NoveOJber, 1942, as the sanle appear from the consolidated returns of said election, which returns are of file in this office, the nanle of the county being given opposite the nanle of the Representative elected.
In Testimony Whereof, I have hereunto set DlY hand and affixed the seal of DlY office, at the Capitol, in the City of Atlanta, this 11th day of January, in the year of our Lord One Thousand Nine Hundred and Forty-three and of the Independence of the United States of ADleric:J. the One Hundred and Sixty-seventh. ]OHN B. WILSON,

8

JOURNAL OF THE HOUSE,

Representatives General Assembly Elected in the

General Election November 3, 1942

County

Name

Appling.......................................................................................]. E. Dyal Atkinson.....................................................................................A. T. Minchew Bacon..........................................................................................]. M. Medders Baker..........................................................................................Henton Odom Baldwin......................................................................................]. H. Ennis Baldwin......................................................................................]os. A. Moore Banks.......................................................................................... E. M. Dalton Barrow.......................................................................................G. W. Woodruff Bartow.......................................................................................W. Paul Martin Bartow.......................................................................................S. Luke Pettit Ben HilL...................................................................................V. G. Wells Berrien........................................................................................]. Henry Gaskins Bibb............................................................................................ H. L. Barfield Bibb............................................................................................A. H. S. Weaver Bibb.............................................................................................Lewis B. Wilson Bleckley...................................................................................... L. A. Whipple Brantley....................................................................................J. P. Johns Brooks.........................................................................................Lewis W. Graham Bryan..........................................................................................H. H. Dukes Bulloch....................................................................................... D. L. Deal Bulloch....................................................................................... Hoke S. Brunson Burke..........................................................................................]. J. Bargeron Burke..........................................................................................Frank M. Cates Butts...........................................................................................J. Avon Gaston Calhoun......................................................................................O. T. (Red) Giddens Camden.......................................................................................R. W. Ferguson Candler.......................................................................................F. H. Sills Carroll.......................................................................................Willis Smith Carroll....................................................................................... Herschel L. Reid Catoosa.......................................................................................]. H. Clark Charlton.....................................................................................Ralph E. Knabb Chatham.....................................................................................A. L. Alexander Chatham.....................................................................................S. M. Grayson Chatham.....................................................................................Frank McNall Chattahoochee........................................................................... E. F. Johnson Chattooga................................................................................:.H. Ross Thomas Cherokee.....................................................................................Fred Wilbanks Clark.......................................................................................... K. A. Hill Clark.......................................................................................... L. 0. Price, Jr. Clay.............................................................................................Chester Gavin

MONDAY, JANUARY 11, 1943

9

County

Name

Clayton-------------------------------------------------------------------------------------W. H. Reynolds Clinch........--------------------------------Ben T. Willoughby Cobb...........................................................................................John T. Dorsey Cobb........................................................................................... Sam J. Welsch Coffee.........................................................................................]. H. Williams Coffee..........................................................................................]. M. Thrash Colquitt......................................................................................Robert E. Cheshire, Jr. Colquitt......................................................................................Wm. H. Riddlespurger Columbia....................................................................................G. S. Phillips Cook........................................................................................... ~1allie Joiner Coweta.......................................................................................l\1yer Goldberg Coweta....................................................................................... E. P. Hurst Crawford....................................................................................M. L. Easler Crisp...........................................................................................Wendell Horne Dade...........................................................................................A. W. Peck Dawson.......................................................................................l\1ax R. Looper Decatur......................................................................................G. F. Battles Decatur......................................................................................E. M. Mills DeKalb.......................................................................................W. L. Broome DeKalb.......................................................................................C. Murphey Candler DeKalb......................................................................................A. Mell Turner Dodge..........................................................................................Eugene E. Yawn Dooly..........................................................................................V. C. Daves Dougherty..................................................................................Turner L. Smith Dougherty..................................................................................A. N. Durden Douglas......................................................................................L. Z. Dorsett
Early...... ------------------1. 0. Bridges Echols.........................................................................................]. E. Padgett Effingham.................................................................................. C. T. Guyton Elbert..........................................................................................Robert M. Heard EmanueL...................................................................................Vendy H. Hooks Emanuel.....................................................................................]. Leonard Rountree Evans..........................................................................................S. T. Brewton
Fannin....--------Cecil G. Hartness Fayette.......................................................................................]. W. Culpepper Floyd.......................................................................................... F. L. Baker Floyd...........................................................................................A. D. Littlejohn Floyd.......................................................................................... Mack Hicks Forsyth....................................................................................... H. Taylor Pirkle Franklin.....................................................................................C. D. McEntire Fulton.........................................................................................Paul S. Etheridge, Jr. Fulton.....................................................-.................................. W. C. Kendrick Fulton.........................................................................................Helen Douglas Mankin Gilmer........................................................................................ F. M. Wright

10

JOURNAL OF THE HOUSE,

County

Name

Glascock.........................-----------------------------------------------------------Casey Thigpen Glynn................---------------------------------------------------------------------.Charles L. Gowen Glynn....................--------------------------------------------------------------- ......] ohn J. Gilbert Gordon------------------------------------------------------ -----------------------------Fcrd Porter Grady................ ------------------------------------------------------------------------ P. A. Jones
Greene......... ------------------------------------------------------------------------James B. Park Gwinnett............... -------------------------------------------------------------------.l-"'arvin A. Allison Gwinnett....................--------------- -----------------------------------------------A. D. Williams Habersham-------------------------------------------------------------------------C P. Wilbanks HalL..........-------------------------------------------------------------------------A E. Roper Hall............................----------------------------------------------------------------Chas. J. Thurmond Hancock....---------------------------------------------------------------------------------Marvin E. Moate Haralson........-------------------------------------------------------------------------W. 0. Strickland Harris----------------------------------------------------------------------------------------W. W. Williams Hart............-------------------------------------------------------------------------------T. 0. Herndon
Heard....-----------------------------------------------------------------------------------Olin E .Sheppard Henry....................---------------------------------------------------------------------A. C. Norman Houston....-------------------------------------------------------------------------------W. W. Gray Irwin............------------------------------------------------------------------------------Oliver K. Mixon
J ackson....----------------------------------------------------------------------------------C. E. Hardy J asper............-----------------------------------------------------------------------------Wm. H. Key Jeff Davis----------------------------------------------------------------------------------W. H. Fisher
Jefferson....--------------------------------------------------------------------------------.J. Roy McCracken
J enkins........-------------------------------------------------------------------------------William E. Alwood, Jr. Johnson----------------------------------------------------------------------------------E. L. Rowland J ones....................----------------------------------------------------------------------A. M. Greene Lamar..............--------------------------------------------------------------------------C. M. Dunn Lanier........................----------------------------------------------------------------Thos. E. Miller Laurens............--------------------------------------------------------------------------L. G. Malone
Laurens.........................----------------------------------------.---------- -------1. 0. Ogburn
Lee....-------------------------------------------------------------------------------George T. Burton Liberty.....----------------------------------------------------------------------------------C. J. Smiley Lincoln---------------------------------------------------------------------------------------L. E. Rees Long..----------------------------------------------------------------------------------------Thos. L. Howard Lowndes....... --------------------------------------------------------------------------T. Guy Connell Lowndes........-----------------------------------------------------------------------------J. Gordon Cowart Lumpkin.........................-----------------------------------------------------------J. F. Pruitt, Sr. Macon....................-------------------------------------------------------------------- Mrs. John B. Guerry Madison....--------------------------------------------------------------------------------Dr. W. D. Gholston Marion............................-----------------------------------------------------------J. P. Hogg McDuffie.......................------------------------------------------------------------T. R. Burnside Mclntosh............ --------------------------------------------------------------------F. A. Mcintosh Meriwether....---------------------------------------------------------------------------1- F. Hatchett Meriwether............------------------------------------------------------------------G. C. Thompson

MONDAY, JANUARY 11, 1943

11

~~

N~

Miller........--------------------------------------------------------------J- Bush ~lims
MitchelL................................................................................... F. B. Hand
2\-IitchelL.................................................................................... J. D. Gardner
Monroe......................................................................................W. B. Mitchell
2\-1 ontgomery...... ---------------------------]. T. Warnock .; Morgan......................................................................................C. R. Mason
.\'1 urray.......................................................................................Charles A. Pannell
.VIuscogee..................................................................................Arthur F. Copland
M uscogee..................................................................................-1. Robert Elliott
Muscogee...................................................................................li. Dixon Smith

Newton---------------------------------------------------------------R. P. Campbell Oconee....................................................................................... Robert M. Nicholson
Oglethorpe.......... --------------------------------------------------------------------J. C. Smith Paulding.....................................................................................W. A Foster, Jr.

Peach----------------------------------------------------------------------------------------- A. C. Riley Pickens.......................................................................................J. I. Hefner Pierce..........................................................................................Eldon L. Bowen
Pike........ -------------------------------------------------------------------------\V. F. Johnson Polk....................----------------------------------------------------Robert Campbell Polk..----------------------------------------------------------------------Dr. D. M. Livingston Pulaski----------------------------------------------------------------------1. D. Dupree Putnam................-------------------------------------------- ........ ------ P. C. Rossee
Quitman-------------------------------------------------------------------W. H. Hart Rabun........---------------------------------------------------------------------------------T. L. Bynum Randolph....................................................................................] ames M. Curry Richmond..................................................................................Roy V. Harris Richmond...................................................................................W. W. Holley

Richmond............--------------------------Wm. M. Lester Rockdale.....................................................................................C. R. Cannon Schley..................................................................... ------------ R. S. Greene Screven...................................................................................... G. Elliott Hagan
Seminole............ --------------------------------1 no. L. Drake Spalding....----------------------------------- .....Albert G. Swint
Spalding............. ------------------Leward Hightower
J. Stephens........ ------------------------1. Powell
Stewart................----------------------------------------------H. 0. Overby, Jr. Sumter.................. -------------------Theron Jennings Sumter............--------------------------------------------------T. F. Mabry Talbot....................................................................................... J. B. Maund Talliaferro.................................................................................W. R. Moore TattnalL...................................................................................A. G. Oliver Taylor.........................................................................................]. W. Edwards Telfair....................................................................................... T. J. Wells TerrelL...................................................................................... H. S. Jennings

12

JOURNAL OF THE HOUSE,

County

Name

Thomas......................................................................................Lee E. Kelly Thomas......................................................................................A. B. Hart Tift............................................................................................. Geo. W. Branch Toombs......................................................................................T. Ross Sharpe Towns.........................................................................................W. 0. Sparks Treutlen.....................................................................................Hugh Gillis Troup......................................................................................... H. W. Caldwell Troup.........................................................................................Render Dallis Troup......................................................................................... Ben H. Hill Turner.......................................................................................C. Z. Harden Twiggs....................................................................................... H. L. Chance Union..........................................................................................Claude C. Boynton Uipson.........................................................................................J. Lynwood Bentley U_pson......................................................................................... Marion T. Salter Walker.......................................................................................E. H. Kelly Walker......................................................................................]. L. Mavity Walton....................................................................................... C. E. Parker Ware..........................................................................................Wm. B. Bates Ware.......................................................................................... Jno. J. Bennett Warren.......................................................................................Jack B. Ray Washington...............................................................................W. H. Roughton Washington............................................................................... . C. Smith
W ayne........................................................................................Joe M. Anderson
Webster..................................................................................... W. 0. Fussell Wheeler......................................................................................Wallace Adams White......................................................................................... E. L. Russell Whitfield....................................................................................Carlton McCamy Whitfield....................................................................................R. M. Waller Wilcox........................................................................................Cecil D. Crummey Wilkes........................................................................................B. W. Fortson, Jr. Wilkinson..................................................................................Alex S. Boone, Jr.
W orth.........................................................................................Joe L. Johnston
Worth........................................................................................ Gordon S. Sumner

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 Judges Hugh J. Macintyre and R. C. Bell of the Georgia Court of Appeals.
The next order of business being the election of a Speaker, Mr. Durden of Dougherty, placed in nomination the name of the Honorable Roy V. Harris of Richmond, and the nomination was seconded by Messrs. Nicholson of Richmond, Gowen of Glynn, Holley of Richmond, McCracken of Jefferson, Park of Greene, and Key of Jasper.
Mr. Hand of Mitchell moved that the nominations be closed.

MONDAY, JANUARY 11, 1943

13

There being no other candidate for the Office of Speaker, the Chair declared the nomination closed.

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

Those voting for Mr. Harris were:

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch Brewton Bridges Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett

Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Fisher
Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hartness

Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Howard Hubert Hurst Jennings of Terrell Joiner Johnson of Chattahoochee Johnson of Pike Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin
Martin Mason Mavity Maund McCamy McCracken McEntire Mcintosh McNall

14

JOURNAL OF THE HOUSE,

Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Overby Padgett Pannell Park Parker Pettit Phillips Pirkle Porter

Powell Price Ray Rees Reid Reynolds Riddlespurger Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland

Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn

Those not voting were:

Broome Hart of Thomas Jennings of Sumter Johns Johnston Knabb

Miller Oliver Peck Pruitt Riley Roper

Smith of Carroll Swint Turner Warnock Welsch Mr. Speaker

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

Upon consolidating the votes cast, it was found that Mr. Harris had receiv~d 186 votes being the entire number of votes cast.

Honorable Roy V. Harris of Richmond, having received a majority vote of the members of 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. Durden of Dougherty,

MONDAY, JANUARY 11, 1943

15

Holley of Richmond,
Nicholson of Richmond, and
Looper of Dawson.
The speaker was escorted to the speaker's stand by the committee, and adressed the House.
The next order of business being the election of a Clerk of the House, Mr. Sheppard of Heard, placed in nomination the name of Honorable P. T. McCutchen, Jr. of Fulton, which nomination was seconded by Messrs. Goldberg of Coweta, Etheridge, of Fulton, Smith of Dougherty, and Foster of Paulding.
Mr. Elliott of Muscogee placed in nomination the name of Honorable Joe Boone of Wilkinson, which nomination was seconded by Messrs. Park of Greene, Ennis of Baldwin 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:

Those voting for Mr. Boone were:

Anderson Battles Barfield Bentley Boone Bowen Brewton Bynum Campbell of Newton Campbell of Polk Clark Culpepper Dorsey Dukes

Dyal Edwards Elliott Ennis Fisher Gaston Gholston Greene of Jones Guyton Hartness Horne Howard Johns Livingston

Those voting for Mr. McCutchen were:

Alexander Allison Alwood Baker Bates Bargeron Bennett Boynton

Branch Bridges Broome Brunson Burnside Burton Caldwell Cannon

Mankin Mills Mitchell Moate Pannell Park Parker Roughton Rowland Smiley Strickland Swint Weaver
Cates Cheshire Connell Copland Cowart Crummey Curry Dallis

16

JOURNAL OF THE HOUSE,

Dalton Daves Deal Dorsett Drake Dunn DuPree Durden Etheridge Ferguson Fortson Foster Fussell Gardner Gavin Giddens Gilbert Gillis Goldberg Gowen Gray Grayson Guerry Hand Harden Hardy Hart of Quitman Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Hubert Hurst Jennings of Sumter

Jennings of Terrell

Pruitt

Joiner

Ray

Johnson of Chattahoochee Rees

Johnson of Pike

Reid

Jones

Reynolds

Kelly of Thomas

Riddlespurger

Kelly of Walker

Riley

Kendrick

Roper

Key

Rossee

Knabb

Rountree

Littlejohn

Russell

Looper

Salter

Mabry

Sharpe

Malone

Sheppard

Martin

Sills

Mason

Smith of Carroll

Mavi~

Smith of Dougherty

Maund

Smith of Muscogee

McCamy

Smith of Oglethorpe

McCracken

Sumner

McEntire

Thigpen

Mcintosh

Thomas

McNall

Thompson

Mims

Thrash

Minchew

Thurmond

Mixon

Turner

Moore of Baldwin

Waller

Moore of Taliaferro

Welch

Nicholson of Oconee

Wells of Ben Hill

Nicholson of Richmond Wells of Telfair

Norman

Whipple

Odom

Wilbanks of Cherokee

Ogburn

Williams of Coffee

Overby

Williams of Gwinnett

Padgett

Williams of Harris

Peck

Willoughby

Pettit

Wilson

Phillips

Woodruff

Pirkle

Wright

Powell

Yawn

Price

Those not voting were:

Adams Chance

Gaskins Graham

Greene of Schley Hagan

MONDAY, JANUARY 11, 1943

17

Medders Porter

Smith of Washington Warnock

Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with.
Upon consolidating the votes cast, it was found that Mr. McCutchen had received 146 votes. Mr. Boone received 41 votes.
Honorable P. T. McCutchen, Jr. of Fulton, 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. Sheppard of Heard, Goldberg of Coweta, and Etheridge of Fulton.
The clerk was escorted to the stand by the committee, administered the oath of his office. by the speaker, then addressed the House.
The following resolutions of the House were read and adopted: HR 1. By Mr. Durden of Dougherty:

A RESOLUTION
Be it resolved by the House that the Clerk of the House notify the Senate that the House is organized by the election of Roy V. Harris as speaker and P. T. McCutchen, Jr. as clerk and is ready for the transaction of business.
HR 2. By Mr. Durden of Dougherty: A resolution that a committee of five be appointed, two on the part of the Senate and three on the part of the House, to notify His Excellency, the Governor, that the General Assembly of Georgia has convened in regular session, has organized and is now ready for the transaction of business.
HR 3. By Mr. Durden of Dougherty:
A resolution that the House adopt the rules of the 1941 and 1942 sessions as the rules of the House for the 1943-44 sessions.
HR 4. By Mr. Durden of Dougherty:

A RESOLUTION
BE IT RESOLVED, that the following rules do prevail as to the appointment and compensation of the attaches of the House out of funds which may be appropriated by the General Assembly of Georgia in the appropriations bill as follows, to wit:

18

JOURNAL OF THE HOUSE,

FIRST, That the Chaplain of the House, the Postmistress of the House and the Assistant Postmistress of the House be paid the same per diem and the same mileage as is paid to the members of the General Assembly.
SECOND, That the Clerk of the House be paid the same mileage as is paid to the members of the General Assembly.
THIRD, That the Speaker of the House of Representatives be authorized to appoint the following attaches to be paid an amount not to exceed the amount set opposite their names, and that he is hereby instructed to select as few as possible for the efficient operation of the House, to-wit: A secretary at not exceeding $7.00 per diem; assistant messengers, assistant doorkeepers and gallery keepers at not to exceed $6.00 per diem, and pages at $3.00 per diem.
FOURTH, That the clerk be authorized to appoint the following employees of the House, at the compensation herein provided: six porters at $3.00 per diem; five copy readers at not to exceed $6.00 per diem; to assist and relieve the Enrolling and Engrossing Committees in reading and correcting all mistakes in all bills and resolutions of the House in order to hasten and facilitate the business between the House and Senate, and between the House and the Governor; provided, that they shall work under the direction of the Clerk of the House and the Chairman of the Committees on Enrollment and Engrossing.
HR 5. By ::\1r. Durden of Dougherty:
A resolution providing for the appointment of a joint committee of five, two on the part of the Senate, three on the part of the House to arrange for the inauguration of the Governor-elect.

HR 6. By Mr. Durden of Dougherty:
A resolution that the House and Senate meet in joint session in the Hall of the House of Representatives at 10:30 A. M., on January 12, 1943, for
the purpose of canvassing and publishing the election returns.

The next order of business being the election of a Speaker Pro Tern. of the House, Mr. Gardner of Mitchell, placed in nomination the name of Honorable Fred Hand of Mitchell which nomination was seconded by Messrs. Kelley of Thomas and Bargeron of Burke.

There being no other candidates the nomination was closed.

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

Those voting for Mr. Hand were:

Adams Alexander Allison Alwood

Anderson Baker Bates Battles

Barfield Bargeron Bennett Bentley

MONDAY, JANUARY 11, 1943

19

Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Edwards Elliott Ennis Etheridge Ferguson Fisher Fortson Foster
Fussell

Gardner

Kelly of Walker

Gaskins

Kendrick

Gaston

Key

Gavin

Knabb

Gholston

Littlejohn

Giddens

Livingston

Gilbert

Looper

Gillis

Mabry

Goldberg

Malone

Gowen

Mankin

Graham

Martin

Gray

Mason

Grayson

Mavity

Greene of Jones

Maund

Greene of Schley

McCamy

Guerry

McCracken

Guyton

McEntire

Hagan

Mcintosh

Harden

McNall

Hardy

Medders

Hart of Quitman

Miller

Hart of Thomas

Mills

Hartness

Mims

Hatchett

Minchew

Heard

Mitchell

Hefner

Mixon

Herndon

Moate

Hicks

Moore of Baldwin

Hig~tower

Moore of Taliaferro

Hill of Clarke

Nicholson of Oconee

Hill of Troup Hogg

Nicholson of Richmond Norman

Holley

Odom

Hooks

Ogburn

Horne

Overby

Howard

Padgett

Hubert

Pannell

Hurst

Parker

Jennings of Sumter

Peck

Jennings of Terrell

Pettit

Joiner

Phillips

Johnson of Chattahoochee Pirkle

Johnson of Pike

Porter

Johnston

Powell

Jones

Price

Kelly of Thomas

Pruitt

20

JOURNAL OF THE HOUSE,

Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills

Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner

Waller Weaver Welch Wells of Ben Hill Wells of Telefair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn

Those not voting were:

Hand Johns

Park Warnock

Wilbanks of Habersham Mr. Speaker

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

Upon consolidating the votes cast, it was found that Mr. Hand of Mitchell had received 198, votes, being the entire number of votes cast.

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. Bargeron of Burke, Smith of Dougherty, and Gardner of Mitchell.

The speaker pro tern, was escorted to the speaker's stand by the committee of the escort, and addressed the House.

The following message was received from the Senate through Mr. Nevin, the secretary thereof:
Mr. Speaker:
I am instructed by the Senate to notify the House that the Senate has organized by the election of Honorable Frank C. Gross of the Thirty-First District as presi-

MONDAY, JANUARY 11, 1943

21

dent and Honorable Henry Nevin of Whitfield county as secretary and is ready for the transaction of business.
The following message was received from the Senate through Mr. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the Senate to wit:

SR 2. By Senator Atkinson of the 1st: A resolution providing for the appointment of a joint committee of five to notify the Governor that the General Assembly has convened and is ready for the transaction of business.
The President has appointed on the part of the Senate the following members of the Senate to wit:
Senators: Pope of the 7th, and Thigpen of the 49th
SR 4. By Senator Atkinson of the 1st: A resolution providing for a joint session for the purpose of canvassing elections and their returns.

SR 5. By Senator Atkinson of the 1st: A resolution providing for a joint committee to arrange for the inauguration of the Governor-elect.
The president has appointed on the part of the Senate the following members of the Senate to wit:
Senators: Ingram of the 51st, and Terrell of the 19th
SR 7. By Senator Atkinson of the 1st: A resolution providing that the House and Senate meet in joint session for the purpose of inaugurating the Governor-elect at the place fixed on the Washington Street entrance to the State Capitol at 12:00 o'clock noon on January 12, 1943.
The following resolutions of the Senate were read and adopted:
SR 2. By Senator Atkinson of the 1st: A resolution providing for a joint committee of five, two from the Senate and three from the House, to be appointed by the president and the speaker,

22

JOURNAL OF THE HOUSE,

respectively, to notify the Governor that the General Assembly has convened and is now ready for the transaction of business.

SR 4. By Senator Atkinson of the 1st:
A resolution providing that the Senate and House meet in joint session in the Hall of the House of Representatives at 10:30 A. M., January 12, 1943, for the purpose of canvassing and publishing election returns.

SR 5. By Senator Atkinson of the 1st: A resolution providing that a joint committee of five be appointed, two on the part of the Senate and three on the part of the House, respectively, to arrange for the inauguration ceremonies for the Governor-elect.
Representatives-elect Easler of Crawford and Riley of Peach came forward to the Bar of the House and the oath of office was administered by Justice R. C. Bell of the Georgia Court of Appeals.
The following resolution of the Senate was read and adopted:
SR 7. By Senator Atkinson of the 1st:
A resolution that the Senate and House meet in joint session at the place fixed on the Washington Street entrance at the State Capitol at 12:00 o'clock noon on.January 12, 1943 for the purpose of inaugurating the Governor.
The next order of business being the election of a Doorkeeper of the House, Mr. Hart of Quitman placed in nomination the name of Honorable M. D. Toms of Quitman, which nomination was seconded by Mr. Allison of Gwinnett.
Mr. Ennis of Baldwin placed in nomination the name of Honorable J. J. Mann of Glynn, which nominatio was seconded by Mr. Cannon of Rockdale.
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:

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett

Bentley Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton

Bynum Caldwell Campbell of Newton Campbell of Polk Cates Chance Cheshire Clark Connell Copland Cowart

Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Drake Dukes Dunn DuPree Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gastn Gavin Gholston Giddens Gillis Goldberg Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hartness Hatchett Heard Hefner Herndon

MONDAY, JANUARY 11, 1943

23

Hicks

Padgett

Hightower

Parker

Hill of Clarke

Peck

Hill ef Troup

Pettit

Hogg

Phillips

Holley

Pirkle

Hooks

Porter

Horne

Powell

Howard

Price

Hubert

Pruitt

Hurst

Ray

Jennings of Sumter

Rees

Jennings of Terrell

Reid

Joiner

Riddlespurger

Johnson of Chattahoochee Riley

Johnson of Pike

Rossee

Jones

Roughton

Kelly of Thomas

Rowland

Kelly of Walker

Russell

Kendrick

Salter

Key

Sharpe

Knabb

Sheppard

Littlejohn

Sills

Looper

Smiley

Mabry

Smith of Carroll

Martin

Smith of Dougherty

Mason

Smith of Muscogee

Mavity

Smith of Oglethorpe

Maund

Smith of Washington

McCamy

Sparks

McCracken

Strickland

McEntire

Sumner

Medders

Swint

Miller

Thomas

Mills

Thompson

Minchew

Thrash

Mitchell

Thurmond

Mixon

Turner

Moate

Waller

Moore of Baldwin

Warnock

Moore of Taliaferro

Weaver

Nicholson of Oconee

Welch

Nicholson of Richmond Wells of Ben Hill

Odom

Wells of Telfair

Ogburn

Whipple

Overby

Wilbanks of Cherokee

24

JOURNAL OF THE HOUSE,

Wilbanks of Habersham Williams of Coffee Williams of Gwinnett

Williams of Harris Willoughby Wilson

Woodruff Wright Yawn

Those voting for Mr. Mann were Messrs.:

Cannon Dorsey Ennis Gilbert Gowen

Malone Mcintosh McNall Norman

Oliver Park Reynolds Rountree

Those not voting were:

Dyal Hart of Thomas Johns

Johnston Livingston Mankin

Pannell Roper Mr. Speaker

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

Upon consolidating the votes cast, it was found that Mr. Toms had received 183 votes, and Mr. Mann 13 votes.

Honorable M. D. Toms of Quitman, having received a majority of 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. Hart of Quitman, Allison of Gwinnett, and Mims of Miller.

The doorkeeper was escorted to the speaker's stand, and addressed the House.
The next order of business being the election of a Messenger of the House, Mr. Reid of Carroll placed in nomination the name of the Honorable Hugh Striplin of Heard.
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. Striplin were:

Adams Allison Alwood Baker

Barfield Bargeron Bennett Bentley

Bowen Boynton Branch Brewton

MONDAY, JANUARY 11, 1943

25

Britiges Broome Brunsson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cates Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Daves Deal Dorsett Dorsey Drake Dunn DuPree Durden Dyal Edwards Elliott Ennis Etheridge Ferguson Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gilbert Gillis Goldberg Gowen Graham Gray

Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hartness Hatchett Hefner Herndon Hicks Hill of Clarke Hogg Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johnson of Pike Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Martin Mason Mavity Maund McCamy McCracken McEntire Mcintosh McNall Miller Mills Mims

Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Ogburn Overby Padgett Park Peck Pettit Phillips Porter Powell Pruitt Ray Reid Reynolds Riddlespurger Riley Rossee Roughton Rowland Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington 'Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash

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JOURNAL OF THE HOUSE,

Thurmond Turner Waller Warnock Weaver Welch

Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris

Willoughby Wilson Woodruff Yawn

Those not voting were:

Alexander Bates Battles Boone Caldwell Chance Dalton Dukes Easler Fisher Gholston Giddens

Grayson

Odom

Hart of Thomas

Oliver

Heard

Pannell

Hightower

Pirkle

Hill of Troup

Price

Holley

Rees

Holley

Roper

Howard

Rountree

Johns

Wells of Ben Hill

Johnson of Chattahoochee Wright

Johnston

Mr. Speaker

Medders

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

Upon consolidating the votes cast, it was found that Mr. Striplin had received 167 votes, being the entire number of votes cast.

Honorable Hugh Striplin of Heard having received a majority of the votes cast, was declared elected Messenger of the House for the ensuing term of two year~.
The Speaker appointed the following committee to escort the messenger to the speaker's stand:

Messrs. Sheppard of Heard. Reid of Carroll, and Smith of Carroll.

The messenger was escorted to the speaker's stand and addressed the House.
The speaker presented to the House the chaplain, Reverend Joe Branch of Davisboro, the Postmistress, Mrs. J. W. Johnson of Jackson, and her assistant, Mrs. Eloise Hodges of Hart.
The speaker presented to the House the secretary of the speaker, Mrs. Harriet Traylor.
Mr. Durden of Dougherty moved that the House do now adjourn, and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

TUESDAY, JANUARY 12, 1943

27

Representative Hall, Atlanta, Georgia. Tuesday, January 12, 1943.

The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker and opened with prayer by Dr. Fred Smith of Lawrenceville, assistant chaplain.

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

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper

Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Foster Fussell Ennis Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson

Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Jones Kelly of Thomas Kelly of Walker Kendrick

28

JOURNAL OF THE HOUSE,

Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity Maund McCamy McCracken McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn

Overby Padgett Pannell Park Parker Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee

Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn Mr. Speaker

The following resolutions of the House were read and adopted: HR 7. By Mr. Durden of Dougherty:

A RESOLUTION
BE IT RESOLVED by the House, the Senate concurring, that a committee of eight, three from the Senate and five from the House, to be appointed by the President of the Senate and the Speaker of the House respectively, be named to escort the incoming and retiring Governors to the scene of the joint session for the purpose of inaugurating the Governor-elect.
The speaker has appointed as a committee on the part of the House the following members of the House to wit:

TUESDAY, JANUARY 12, 1943

29

Messrs. Hagan of Screven, Swint of Spaulding, and Thurmond of Hall.
HR 8. By Mr. Durden of Dougherty:

A RESOLUTION
BE IT RESOLVED by the House, the Senate concurring, that both the House and Senate recess at eleven thirty a. m. on the 12th day of January, 1943, for a period of thirty minutes and that both Houses assemble in joint session at the scene of the inauguration of the Governor on the Washington Street side of the State Capitol promptly at twelve o'clock and that upon the completion of the exercises for the inauguration of Governor that the President of the Senate be empowered to dissolve the joint session and that upon the dissolution of the joint session that both the House and Senate stand adjourned until Wednesday morning, January 13th, 1943, at ten o'clock a. m.

Representative-elect Hart of Thomas came forward to the Bar of the House, and the oath of office was administered by Justice Hugh Macintyre of the Georgia Court of Appeals.
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.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following resolutions of the House to wit:

HR 7

HR 8

Respectfully submitted,

Branch, of Tift, Chairman.

The hour of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session, convened for the purpose of counting and consolidating the vote and declaring the result thereof

30

JOURNAL OF THE HOUSE,

for Governor and State House Officers, was called to order by Honorable Frank Gross, President of the Senate.
The Secretary of the Senate read the resolution providing for the joint session of the General Assembly.
The president appointed as tellers to canvass the vote for Governor and State House Officers the following members of the Senate and House to wit:

Senators: Forester of the 44th, Pope of the 7th,

Messrs.: Grayson of Chatham, Sills of Candler, and Deal of Bulloch.

The tellers submitted the following report:

To the General Assembly of Georgia in Joint Session:

January 12, 1943.

We, your tellers, appointed to canvass the vote for Governor, and State House Offices, as required by the Constitution, beg leave to submit the following report:

FOR GOVERNOR: Ellis Arnall FOR GOVERNOR: J. N. Foreman FOR GOVERNOR: D. Talmadge Bowers
FOR SECRETARY OF STATE: John B. Wilson FOR TREASURER: George B. Hamilton
FOR ATTORNEY GENERAL: T. Grady Head FOR COMPTROLLER GENERAL: Homer C. Parker

62,220 687
1,702 62,952 62,898 62,898 62,903

We recommend that the candidates above named who have received a majority of the votes, be and they are hereby declared elected to their respective offices.

Respectfully submitted,

On the part of the Senate: Jeff Pope, of 7th. Elbert Forester, of 44th

On the part of the House: Spence M. Grayson, Chatham county F. H. Sills, Candler county D. L. Deal, Bulloch county

TUESDAY, JANUARY 12, 1943

31

The report was read by the Secretary of the Senate. Mr. Durden of Dougherty moved that the report submitted by the tellers be adopted and the motion prevailed. The report was adopted. Mr. Durden of Dougherty moved that the joint session dissolve, and the motion prevailed. The President of the Senate declared the joint session dissolved. The speaker called the House to order. The following resolutions of the House were read and adopted:

HR 9. By Mr. Deal of Bulloch:

A RESOLUTION
Whereas, since the adjournment of the last session of the General Assembly of Georgia, death has come to our friend, Harry S. Aiken, member of the House of Representatives from Bulloch county.
Therefore, be it resolved, by the House of Representatives by rising vote that we manifest our sorrow because of his absence (he had been nominated to succeed himself without opposition), that we mourn the passing of this public servant whose devotion to duty and whose love for his country and state merited for him a position of respect and trust.
Resolved further, that we express to this bereaved family of this honorable member our sincere sympathy, and that the Clerk of the House be directed to spread a copy of these resolutions on the minutes and to send a copy to the family of the deceased.
HR 10. By Messrs. Etheridge of Fulton, Smith of Dougherty, and Hand of Mitchell:
A RESOLUTION
Whereas this House did convene on yesterday, January 11, 1943, and did elect the Honorable P. T. McCutchen, Jr., as Clerk of the House, and on the same day adopt rules for the government of the procedure of the House, and, whereas, on today, January 12, 1943, the said clerk has printed and placed in the hands of all members copies of the said rules.
Therefore, be it resolved, that the House thank the clerk for this quick service and commends him for his prompt attention to duty.
The hour of convening the joint session of the General Assembly having arrived, the Senate appeared at place designated, and the joint session, convened for the pur-

32

JOURNAL OF THE HOUSE,

pose of inaugurating the Governor-elect, was called to order by Honorable Frank Gross, president of the Senate, and the following program was carried out:
The president of the Senate will preside over the joint session of the General Assembly, which will be convened on the lawn in front of the inaugural platform promptly at II :45 a. m.
Music will be furnished by the Statesboro High School Band.
Those to participate in the inaugural parade will assemble in the rotunda of the capitol at 11 :30 a. m.
The Governor-elect and his family will assemble in the Attorney General's office until escorted to the rotunda shortly before noon. This escort will consist of three members of the Senate and five members of the House-to be named by the presiding officers of those bodies.
The retiring Governor will remain in his office until escorted to the rotunda
shortly before noon by his Adjutant General.
The procession will start from the rotunda promptly at I2 :00 noon. The Victory Band will play the Processional March.
The order of the procession will be as follows:
I. Governor-Adjutant General
2. Governor-elect-Adjutant General-designate
3. Family of the Governor-elect
4. Escort Committees from Senate and House
5. All living former Governors
6. Chief Justice of the Supreme Court and Secretary of State
7. Justices of the Supreme Court and Court of Appeals
8. Following State House officials: George B. Hamilton-State Treasurer Homer C. Parker-Comptroller General T. Grady Head-Attorney General M. D. Collins-State Superintendent of Schools Tom Linder-Commissioner of Agriculture Walter R. McDonald-Public Service Commission. Allen Chappell-Public Service Commission Matt L. McWhorter-Public Service Commission James A. Perry-Public Service Commission Perry T. Knight-Public Service Commission

TUESDAY, JANUARY 12, 1943

33

Clem L. Rainey-Prison and Parole Commission Judge Vivian L. Stanley-Prison and Parole Commission Royal K. Mann-Prison and P'arole Commission Ben T. Huiet-Commissioner of Labor
9. Such distinguished guests as the Governor-elect may choose.

No one is to be admitted to the platform after the procession starts. Cadets from the Georgia School of Technology to form a cordon from the rotunda to the platform to keep the aisle open. Sufficient seats (front rows) to be kept vacated for use of those in inaugural procession. All other guests already to have been seated when procession arrives.
Upon arrival of procession upon platform, the Victory Band will play the National Anthem. It will be sung by Miss Louise Dobbs.
Immediately following, the president of the Senate will announce the invocation by the Rev. J. W. Veatch, pastor of the First Methodist Church of Newnan.
Following the invocation, the presiding officer will announce the administration of the oath of office of the Governor-elect by the chief justice of the Supreme Court.
.At this juncture, the secretary of state will present the Great Seal to the retiring Governor. Then the chief justice will administer the oath to the new Governor. Whereupon the retiring Governor will present the Great Seal to the new Governor, who then will return the Great Seal to the secretary of state for its proper use, custody, and safekeeping.
The president of the Senate will announce that the Governor will now administer the oath of office to the newly elected Constitutional officers: (as follows, in this order)
Secretary of State-John B. Wilson
State Treasurer-George B. Hamilton
Comptroller General-Homer C. Parker
Attorney General-T. Grady Head
State Superintendent of Schools-M. D. Collins
Upon the conclusion of the administering of the oaths of office, the president of the Senate wiil present the new Governor to the joint session of the General Assembly.
Upon the conclusion of his presentation, the Victory Band will play "All Hail the Chief."
At the conclusion of this piece, the Governor will speak.

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JOURNAL OF THE HOUSE,

Upon the conclusion of the Governor's speech, the band will play "God Bless America."
The president of the Senate will then announce the benediction by the Rev. Phillip James McLean, pastor of the Central Baptist Church of Newnan, after which the joint session of the General Assembly will stand adjourned.
This will conclude the inauguration, but the Statesboro High School Band will render selections until the crowd has dispersed.

STATEMENT BY GOVERNOR-ELECT ELLIS ARNALL
I wish to personally invite through the press all Georgians to attend the exercises.
In keeping with the national war effort and the emergency of the times, there will be no formal reception or ball. I do hope that every Georgian present will come by the Governor's office and let me shake hands with them immediately after the inauguration.
Ellis Arnall.

INAUGURAL ;\.DDRESS OF GOVERNOR ELLIS ARNALL
Mr. President, Mr. Speaker, Members of the General Assembly and Fellow Georgians:
Georgia was founded two hundred and ten years ago. Since that time, seventy men have served as Governor, the highest office within the gift of the people of the State. The number includes colonial, provincial, provisional, military and constitutional Chief Executives.
I deem it a great honor to be inaugurated Governor of this, the Empire State of the South. Born in Georgia, I hope that it may be my lot to die here among the people I love and who mean so very much to me.

LOFTY IDEALS
Those patriots who preceded us as dwellers in our great State, looking ahead through the years, conceived it to be their duty to perpetuate the principles of free government, to insure justice to all and to promote the interest and happiness of t;he people. And so it was that they, relying upon the protection and guidance of Almighty God, covenanted together that they would transmit to posterity the enjoyment of liberty and democracy. Hence, came about the lofty ideals upon which Georgia's State Government was established.

TUESDAY, JANUARY 12, 1943

35

SEVENTY-FIRST GOVERNOR
Upon our inauguration as the seventy-first Governor, we proclaim again the fundamental truths that all government, of right, originates with the people, is founded upon their will only and is instituted solely for the good of the whole.
Public officials are trustees and servants of the people, and, at all times, are amenable to them.
The legislative, judicial and executive branches of government must forever remain separate and distinct, and no person discharging the duties of one, should, at the same time, exercise the functions of either of the others.
It will have been my proud privilege to have served in each of the coordinate constitutional branches of our State Government. In the Legislative, as a presiding officer for four years in the House of Representatives; in the Judicial, as Attorney General for four years; and now, in the Executive, as Governor for the first four year term. Georgia has been good to me!

APPRECIATE CONFIDENCE
On this occasion I am deeply conscious of the confidence which the people have placed in me by choosing me as Governor to serve them during the most critical ti~e in the history of our State. We must constantly endeavor by our acts and deeds to keep alive this confidence, to replenish it, to encourage its growth, to the end that the people of Georgia may feel that their government is as good as that of any State in the Union.
1\-Iy election was brought about by a crusading determination on the part of the people that Georgia should have good government. I was only the instrument through which the people achieved their victory.
The new State administration will be the people's administration. It will not be dominated or controlled by any little crowd of scheming, selfish politicians or groups who clamor for special privileges which they want granted to themselves yet denied to others.
A BETTER DAY FOR GEORGIA
The people of Georgia are looking to this administration to steer the ship of State on a straighter course. They are looking to us in the hope that we may be able to inaugurate a new and a better day for Georgia.
Our success will depend upon the cooperation we receive from the members of the General Assembly and from the people themselves.
The new Assembly is composed of some of the finest of our citizens. It consists of a group of patriotic, sincere, hard-working Georgians, and I am confident that

36

jOURNAL OF THE HOUSE,

we may count upon the General Assembly to do those things which the people want accomplished.

COOPERATION WITH BUSINESS
The business people of Georgia, large and small, need have no fear of this Assembly or any member of it undertaking to penalize them by aiming pernicious legislation at any legitimate business in Georgia.
This Legislature will be free from suspicion that any member of it would resort to "shake down" methods in dealing with legislation.
Business may justly have confidence in the present administration and, likewise, the members of the Assembly and the officials of the State, I believe, may feel assured that the business people of Georgia will be happy to cooperate with us in meeting and solving our State governmental problems.
It is unfortunate that during recent periods when the State's revenue reached unprecedented all time highs that no surplus was put aside for a rainy day.
I am not critical of what has been done. I am willing to cheerfully accept the responsibility of undertaking to operate the State government, with the help of the General Assembly, efficiently, economically, honestly and well.

CRITICAL TIME
We take the State government at a critical time. The State debt stands at $35,961,630.38. The outlook for income yield from our tax system is indeed dark. Gasoline tax revenue continues to fall off drastically. Our income tax receipts, due to a State law authorizing Federal deductions, will show a tremendous decrease. The uncertainties of the future are more uncertain each day, but we will do our best with a most difficult situation.
If the professional politicians force us into the corner, we will strike back by stating our case clearly before the bar of public opinion, and with the help of the people we will dissipate any obstruction that the politicians may attempt to place in our path.

TO VETO TAX INCREASE
I ,bave pledged myself to veto any bill designed to increase taxes. Today, I ireiterate that pledge. This is no time for the State government to undertake to increase the tax load on our people who are already heavily burdened with increased Federal taxes-taxes which are necessary to successfully prosecute the war.
The most serious concern of us all is the winning of the war. A war that is intended to destroy our system of democratic government. A war that is intended to destroy our freedom, the pursuit of happiness and the independence of mankind.

TUESDAY, JANUARY 12, 1943

37

The fight raging throughout the world is a conflict between the democratic concept of life and government and that of absolutism or dictatorship. The days which lie ahead will bring increased privation to our people. The State government, like individuals, will be compelled to retrench and economize but we shall do it gladly.

SUPPORT OF WAR EFFORT
So, I hope that the first order of business of the General Assembly will be to adopt a resolution committing the State administration to a policy of full and complete cooperation with the government of the United States and our Commander-inChief in the waging and the winning of the war.
The stern realities of this war are being brought home to us every day. Even just this morning we were shocked to hear of the loss of the United States Cruiser "Atlanta." I understand that a movement has just been launched in Atlanta to subscribe enough War Bonds to replace this battleship for the armed forces of our Navy. I commend this patriotic response on the part of Georgia.
It is hoped that the General Assembly will see fit to speedily enact a measure reorganizing the State Board of Regents together with a companion measure establishing a constitutional Board of Regents which will ever be immune and free from political interference and control.
When this is done, the University System of Georgia will quickly be restored to full fellowship in the various accrediting agencies and associations. I envy the General Assembly the privilege which is theirs of bringing about the restoration of standing to our beloved University System.
It is my recommendation that the State Board of Education be reorganized and a constitutional board speedily created.

EDUCATION IS OUR SOLUTION
Education is the hope of the future. It is the salvation of our people. It is the cure for ignorance, poverty, prejudice, hatred and demagoguery. Your new State administration will go "all-out" for education, for our teachers and for our boys and girls.

PARDON AND PAROLE
We urge the General Assembly to establish a modern and efficient Pardon and Parole System in our State, giving clemency power to a non-political board and taking it away from the Governor. This will require a statute and a constitutional amendment.
It is my recommendation to the Assembly that the law authori~ing the Governor to remove the Comptroller General and the State Treasurer be repealed; that the State Auditor be elected by the Legislature; that a representative Finance Com-

38

JOURNAL OF THE HOUSE,

mission be created to aid the Governor who will have the responsibility of keeping State expenditures within the limits of State income; that the General Assembly again make appropriations as the Constitution of our State provides ; that the Governor be removed from membership on various State Boards and Commissions; and that the power be removed from the Governor to strike from the budget, arbitrarily and without just cause, the names of efficient State employees.

THE TEN-POINT PROGRAM
These proposals constitute, in effect, the ten-point program which the people ratified when they nominated and elected me Governor.
There are other legislative matters which, it seems to me, require favorable and prompt consideration by the General Assembly.

TEACHER RETIREMENT
A system of teacher retirement should be submitted to the people in the form of a constitutional amendment for ratification. The men and women who spend their lives teaching our children, building their characters, developing their minds and furthering their interests, certainly deserve special consideration at the hands of the State.

LIMIT CAMPAIGN EXPENSES
It is my firm belief that the Assembly should enact a measure limiting campaign expenses for Governor in primary and general election contests.
It is outrageous that one is required to spend such a tremendous amount of money in order to be elected Governor of our State. Had it not been for an aroused public opinion, it would have been utterly impossible for me to have obtained the financial support which was necessary to win the governorship. We must not let it get to where only rich men can run for Governor. I believe the people of Georgia will applaud legislation limiting campaign expenses for this office.
ATTORNEY GENERAL POWER INCREASE
We need to enlarge the power of the Attorney General so that he may be authorized to investigate irregularities in state departments and to stop corruption in state government whenever it shows its ugly head. The glaring defect in the laws of our State in this particular should be remedied.

OTHER PROPOSALS
It is my reqommendation to the General Assembly that a non-political Game and Fish Commission be created and placed in control of the affairs of the Wildlife Department; that our State Patrol be reorganized along more economical and more efficient lines; and that our State Guard be improved and set up by specific statute.

TUESDAY, JANUARY 12, 1943

39

The General Assembly has a fine opportunity to show the nation that we, in Georgia, stand behind the national government in the war effort by speedily enacting the defense measures which were passed by the 1941 Legislature but which never became law.

I recommend to the Assembly that it cause to be submitted to the people a constitutional amendment lowering the voting age in Georgia to eighteen. If our boys and girls at eighteen are old enough to fight and die for the freedom, liberty and blessings which are ours today, then certainly they are old enough to participate in the affairs of the government they serve.

Our administration must give sympathetic study to the problems of agriculture and must see to it that agricultural pursuits in Georgia are furthered and promoted.
We must make our Veterans' Service Office more helpful to the veterans; we must increase the efficiency of Civilian Defense; we must keep in mind how very necessary is our public health work.

Our natural resources must be developed. Social security actlv1ttes and our eleemosynary institutions must be carried on as serviceably and as efficiently as possible.

FAIR TO LABOR AND CAPITAL
The State Government must be fair to capital, labor and industry.
We must strive to attract to Georgia those who live beyond the borders of our state.
We must constantly work for the development of Georgia on a sound- and progressive basis.
We align the new administration with the cause of intelligence, honesty, fairplay, decency and democracy. We will work against demagoguery, ignorance, hatred, prejudice and wrong doing.

NEW JOBS
I ask my loyal and true friends not to unduly bring requests to me for jobs. It is not our purpose to undertake to find employment for all of our friends by attaching them to the state payroll.
I urge the people to assist me in dislodging the idea that a state job is merely a hand-out with big pay and no work. I hope the people of Georgia, and my friends in particular, will discourage the political job seekers from monopolizing our time and embarrassing us with requests for employment-requests which cannot be granted.

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JOURNAL OF THE HOUSE,

WILL MAKE OWN APPOINTMENTS
I want it clearly understod that I intend to make my own apointments. No one is authorized to speak for me. It saddens me to realize that already lifelong friendships are being broken because I will not agree to appoint some particular friend to a public office. The people must help me, especially my friends, in being hardboiled about the job and appointment business. I ask your help in making it easy for me.

We will be compelled to retrench and cut to the bone. Extravagance must be discouraged. We must reorganize, consolidate, abolish and streamline mal\y of our state departments.

State highway construction, through necessity, must be stopped.
Those who took road contracts knowing full well that the state would not be
m a financial position to fulfill them, and those who are now working so frantically
in an effort to complete projects, knowing that the State Treasury is depleted, have need to be cautious. They acted and act at their own peril.

AN HONEST ADMINISTRATION
We will have an honest administration for the next four years.
If any citizen of Georgia learns of graft, irregularities or corruption in the state government, I want to know about it. Here and now I emphatically state that I shall be the first to expose anyone connected with my administration, no j[Ilatter how near or dear to me he may be, who profits, racketeers, or thrives on unjust gains or "deals" at the state's expense. Not only will he be exposed but he will be swiftly punished.
No one need employ lobbyists to get the ear of those with whom they would confer. No one need employ emissaries to see the Governor. I will be available to the people, to the humblest and highest citizens of this state alike, at my offce in the State Capitol.
HOME LIFE
We will be glad to see our friends at the Executive Mansion when they come there socially, but I hope that our friends will realize that the Mansion will be our home and not a business office. Certainly, the Governor and his family deserve some degree of home life, small though that degree may be.
It is my sincere belief that if the General Assembly will speedily enact necessary measures and wind up its affairs prior to the time fixed by law for adjournment, the people of Georgia will feel that the Legislature and the Administration have rendered the type of workmanlike serious service which the times demand.

TUESDAY, JANUARY 12, 1943

41

As Governor, I am going to take the General Assembly into my confidence and I hope that the members will take me into theirs so that we may better work together for the welfare of our state.

NO GENIUS
Since the election I have frequently told the people that I am no extraordinary man. I have no great capacity or great ability. I pose as no genius. I am just an 01rdinary fellow who wants to do a good job for Georgia. The time require a good job by us all.
I desire to thank those countless friends who so loyally campaigned to secure for me this chance to serve as Chief Executive.
To the newspapers, the women, the students and the boys and girls of Georgia go my particular thanks.
On this day which marks the beginning of a new state administration which rises with bright hope; which rises with great opportunity for service; which rises with full realization that serious days are ahead and much needs to be done; I am COD$cious that the success of it, and my success, will depend upon holding fast to those things which are true, to those which are honest, to those things which are just, and t-o those things which are of good report.

WITH GOD'S HELP
In my heart, "I said to a man who stood at the gate of the years, 'Give me a light, that I may tread safely into the unknown,' and he replied. 'Go out into the darkness and put your hand into the hand of God. That shall be to you better than a light and safer than a known way'."
And so, with God's help, we will do our best for Georgia!
Under the provisions of a resolution previously adopted, the president of the Senate declared the joint session of the General Assembly dissolved, and the House stood adjourned until 10:00 o'clock tomorrow morning.

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Representative Hall, Atlanta, Georgia.
Wednesday, January 13, 1943.
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 the invocation by Rev. Fred Smith of Lawrenceville, assistant chaplain.

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

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch
Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry

Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley

Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness
Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb

WEDNESDAY, JANUARY 13, 1943

43

Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity Maund McCamy McCracken McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Overby

Padgett

Pannell

Park

Parker

Peck

Pettit

Phillips

Pirkle

Porter

Powell

Price

Pruitt

Ray

Rees

Reid

t

Reynolds

Riddlespurger

Riley

Roper

Rossee

Roughton

Rountree

Rowland

Russell

Salter

Sharpe

Sheppard

Sills

Smiley

Smith of Carroll

Smith of Dougherty

Smith of M uscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff 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. The following resolution of the House was read and adopted: HR 11. By Messrs. Durden of Dougherty, Gowen of Glynn, Grayson of Chatham,
McCracken of Jefferson, and Burnside of McDuffie:

A RESOLUTION
WHEREAS: The cruiser "Atlanta", which carried the name of the capital city of Georgia into the battle of the Pacific, has been sunk by enemy guns in the battle of the Pacific, and

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WHEREAS, The Atlanta Constitution has launched a movement to urge the citizens of Atlanta and Georgia to buy War Bonds, which will restore the name of Atlanta to those gallant engagements on the seas, and
WHEREAS, All citizens of Georgia, we know, are eager to continue this war to a quick completion that will be overwhelming to all the enemies of our nation.
THEREFORE, be it resolved by the House, the Senate concurring, that we are in thorough and complete sympathy with this effort and we do hereby urge all citizens of Georgia to invest in War Bonds the United States Treasury will order used immediately to float a new cruiser Atlanta upon the seas as a representative of the Empire State of Georgia.
By unanimous consrnt, 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.
2. First reading and reference of House bills.
Representative-elect Joe Johnston of Worth came to the bar of the House and was administered the oath of office by Justice R. C. Bell of the Georgia Court of Appeals.
By unanimous consent, the following bills and resolutions of the House were introduced, read for the first time, and referred to the committees:
H B I. By :Messrs. Fortson of Wilkes, Burnside of McDuffie, Grayson of Chatham, Gowen of Glynn, Hand of Mitchell, Durden of Dougherty, MeNall of Chatham, Mims of Miller, Key of Jasper, McCracken of Jefferson, Price of Clarke, Branch of Tift, Etheridge of Fulton, Drake of Seminole, Clark of Catoosa, Bargeron of Burke, Caldwell of Troup, Dalton of Banks, Dorsett of Douglas, Smith of Oglethorpe, Bynum of Rabun, Dunn of Lamar, Strickland of Haralson, Cheshire of Colquitt, Burton of Lee, Bates of Ware, Hill of Clarke, Phillips of Columbia, Allison of Gwinnett, Connell of Lowndes, Smith of Muscogee, Hatchett of Meriwether, Hightower of Spalding, Kelley of Walker, Hart of Quitman, Hefner of Pickens, Wilbanks of Habersham, Riddlespurger of Colquitt, Maund of Talbot, Ray of Warren, McEntire of Franklin, Moore of Taliaferro, Mavity of Walker, Thomas of Chattooga, McCamy of Whitfield, Peck of Dade, Brewton of Evans, Rountree of Emanuel, Graham of Brooks, Heard of Elbert, Gillis of Treutlen, Rossee of Putnam, Crummey of Wilcox, Smith of Dougherty, and Hagan of Screven:
A bill to be entitled an act to reorganize the board of regents of the university system of Georgia, and for other purposes.
Referred to Committee on University System of Georgia.

WEDNESDAY, JANUARY 13, 1943

45

HB 2. By Messrs. Foster of Paulding, Gowen of Glynn, Grayson of Chatham, Durden of Dougherty, MeNall of Chatham, Phillips of Columbia, Thurmond of Hall, Hand of Mitchell, McCracken of Jefferson, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, Holley of Richmond, Hagan of Screven, and Nicholson of Richmond:
A bill to be entitled an act to amend article 8, section 6 of the constitution to provide for a board of regents and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
HB 3. By Messrs. Hatchett of Meriwether, Key of Jasper, Durden of Dougherty, Gowen of Glynn, Connell of Lowndes, MeNall and Grayson of Chatham, Burnside of McDuffie, McCracken of Jefferson, Thurmond of Hall, Phillips of Columbia, Foster of Paulding, Mims of Miller, Drake of Seminole, Holley and Nicholson of Richmond, Crummey of Wilcox, Smith of Muscogee, and Hagan of Screven:
A bill to be entitled an act to reorganize the state board of education and for other purposes.
Referred to Committee on Education No. 2.

HB 4. By Messrs. Foster of Paulding, Gowen of Glynn, Grayson of Chatham, Durden of Dougherty, Key of Jasper, MeNall of Chatham, Phillips of Columbia, Hand of Mitchell, McCracken of Jefferson, Mims of Miller, Drake of Seminole, Holley and Nicholson of Richmond, Crummey of Wilcox, Smith of Muscogee, and Hagan of Screven. A bill to be entitled an act to amend article 8, section 2 of the constitution to provide for a state board of education and for other purposes. Referred to Committee on Amendments to Constitution No. 1.
HB 5. By Messrs. Welsch of Cobb, McCracken of Jefferson, Phillips of Columbia, MeNal lof Chatham, Durden of Dougherty, Gowen of Glynn, Thurmond of Hall, Connell of Lowndes, Burnside of McDuffie, Grayson of Chatham. Foster of Paulding, Hand of Mitchell, Key of Jasper, Hurst of Coweta, Goldberg of Coweta, Ray of Warren, Cowart of Lowndes, Fortson cf Wilkes, Mason of Morgan, and Hagan of Screven:
A bill to be entitled an act to provide for appointment of members of the state board of pardons and paroles, and to prescribe the powers of said board and for other purposes.
Referred to the Committee on State of Republic.
HB 6. By Messrs. Welsch of Cobb, McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Foster of Paulding, Hand of Mitchell, Gowen of Glynn, Grayson and MeN all of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Hagan of Screven, Key of Jasper,

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Hurst of Coweta, Ray of Warren, Goldberg of Coweta, Smith of Dougherty, Cheshire and Riddlespurger of Colquitt, Fortson of Wilkes, Mason of Morgan, Smith of Muscogee, and Nicholson and Holley of Richmond:
A bill to be entitled an act to revise laws relating to penal administration and to change name of the prison and parole commission and for other purposes.
Referred to the Committee on State of Republic.
HB 7. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, MeN all of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Hand of Mitchell, Gowen of Glynn, Grayson of Chatham, Hurst and Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, and Hagan of Screven:
A bill to be be entitled an act to repeal an act providing for the suspension of the state treasurer and comptroller general and for other purposes.
Referred to the Committee on State of Republic.

HB 8. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond .1f Hall, Key of Jasper, MeNall of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Grayson of Chatham, Gowen of Glynn, Hand of Mitchell, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Goldberg and Hurst of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, and Hagan of Screven: A bill to be entitled an act to establish a fiinance commission, to provide for a method of appeal of the budget approval; to provide the Governor or director of the budget cannot strike employees from budget and for otht>r purposes.
Referred to the Committee on State of Republic.

H B 9. By Messrs. McCracken of Jefferson, Phillips of Columbia, MeN all of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Grayson of Chatham, Foster of Paulding, Hand of Mitchell, Fortson of Wilkes, Etheridge of Fulton, Gowen of Glynn, Key of Jasper, Hurst and Goldberg of Coweta, Ray of Warren, Smith of Dougherty, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Gillis oi Treutlen, Crummey of Wilcox, and Hagan of Screven:
A bill to be entitled an act removing the Governor as a member of certain board and agencies, and for other purposes.
Referred to the Committee on State of Republic.
HB 10. By Messrs. McCracken of Jefferson, Phillips of Columbia, Key of Jasper,

WEDNESDAY, JANUARY 13, 1943

47

MeNall and Grayson of Chatham, Durden of Dougherty, Connell of Lo'Yndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Thurmond of Hall, Hand of Mitchell, Gowen of Glynn, Hurst and Goldberg of Coweta, Cheshire of Colquitt, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Gillis of Treutlen, Crummey of Wilcox, Heard of Elbert, Smith of Dougherty, and Hagan of Screven:
A bill to be entitled an act to make the term of the commissioner of agriculture concurrent with that of the Governor and for other purposes.
Referred to the Committee on General Agriculture No. l.

HB 11. By Messrs. Wells of Ben Hill, McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Etheridge of Fulton, Key of Jasper, MeN all and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Fortson of Wilkes, Allison of Gwinnett, Foster of Paulding, Hand of Mitchell, Gowen of Glynn, Goldberg and Hurst of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Nicholson and Holley of Richmond, Smith of Muscogee, Hagan of Screven and Dalton of Banks:
A bill to be entitled an act to establish a teacher retirement system of Georgia and for other purposes.
Referred to the Committee on State of Republic.

HB 12. By Messrs. McNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Phillips of Columbia, Hand of Mitchell, McCracken of Jefferson, Gowen of Glynn, Smith of Dougherty, McCamy of Whitfield, Minchew of Atkinson, Foster of Paulding, Smith of Muscogee, Holley and Nicholson of Richmond, Hagan of Screven, Thurmond of Hall, and Maund of Talbot:
A bill to be entitled an act to abolish the division of wild life and office of commissioner of natural resources and to create a state game and fish commission and inspector of coastal fisheries and for other purposes.
Referred to the Committee on State of Republic.

HB 13. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, Connell of Lowndes, Burnside of McDuffie, McNall and Grayson of Chatham, Durden of Dougherty, Gowen of Glynn, Fortson of Wilkes, Etheridge of Fulton, Foster of Paulding, Hand of Mitchell, Hurst and Goldberg of Coweta, Cheshire of Colquitt, Mason of Morgan, Mims of Miller, Drake of Seminole, Nicholson and Holley of Richmond, Crummey of Wilcox, Smith of Muscogee, and Hagan of Screven:
A bill to be entitled an act to provide for the qualifications of the adjutant

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JOURNAL OF THE HOUSE,

general of Georgia and to provide his official residence, and for other purposes.
Referred to the Committee on Military Affairs.

HB 14. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, Connell of Lowndes, Burnside of McDuffie, McNall and Grayson of Chatham, Durden of Dougherty, Hand of Mitchell, Fortson of Wilkes, Etheridge of Fulton, Foster of Paulding, Gowen of Glynn, Hurst and Goldberg of Coweta, Cheshire of Colquitt, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, and Hagan of Screven:

A bill to be entitled an act to amend section 32-1301 of the code of Georgia of 1933, relating to borrowing money for payment of public school teachers to provide notes therefor shall not mature later than last day of fiscal year of state, and for other purposes.

Referred to the Committee on Education No. 1.

HB 15. By Messrs. McCracken of Jefferson, Phillips of Columbia, MeN all and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Hagan of Screven, Burnside of McDuffie, Foster of Paulding, Hand of Mitchell, Fortson of Wilkes, Etheridge of Fulton, Key of Jasper, Thurmond of Hall, Gowen of Glynn, Hurst and Goldberg of Coweta, Cowart of Lowndes, Ray of Warren, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Smith of Muscogee, and Holley and Nicholson of Richmond:

A bill to be entitled an act to amend section 18 of an act of 1937 (Ga. Laws

1937, pp. 355, 368), relating to abolition of board of control so as to provide

that authority, power and duties be transferred to state board of education,

and for other purposes.



Referred to the Committee on State of Republic.

HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Etheridge of Fulton, MeNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Hagan of Screven, Hand of Mitchell, Key of Jasper, Gowen of Glynn, Hurst and Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Gillis of Treutlen, Crummey of Wilcox, Heard of Elbert, and Smith of Dougherty:

A bill to be entitled an act to establish a board to be known as Agricultural and Industrial Board of Georgia, to perfect plans for development of agricultural, land and water utilization, flood control, conservation, land settlement, reforestation, tree-cutting, watershed protection, public health, water supply reservations, and for other purposes.

Referred to the Committee on State of Republic.

WEDNESDAY, JANUARY 13, 1943

49

HR 12-16A. By Messrs. Grayson of Chatham, Nicholson and Holley of Richmond, Smith of Muscogee, and Hagan of Screven:
A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of the war, and for other purposes.
Referred to the Committee on State of Republic.

HR 13-16B. By Messrs. Foster of Paulding, McCracken of Jefferson, Phillips of Columbia, Key of Jasper, MeNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Nicholson and Holley of Richmond, and Smith of M uscogee:
A resolution proposing to the qualified voters at the next general election a proposal to provide for taxation for a teachers retirement plan, and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HR 14-16C. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of Jefferson, Grayson of Chatham, Hagan of Screven, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of M uscogee, and Nicholson and Holley of Richmond:
A resolution proposing to the voters of the State of Georgia an amendment
to article 5 of the constitution by adding a new paragraph to be designated paragraph 1 of section 4 of article 5 to create a game and fish commission, :.
director therefor, and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HR 15-16D. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of Jefferson, Grayson of Chatham, Mims of Miller, Drake of Seminole, Holley and Nicholson of Richmond, Crummey of Wilcox and Smith of Muscogee:
A resolution proposing to the voters of the State of Georgia an amendment to paragraph 2 of section 1 of article 2 of the constitution relating to the qualifications of electors in this state by providing the age and qualifications of electors and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.
HR 16-16E. By Messrs. Foster of Paulding, Gowen of Glynn, Grayson of Chatham, McCracken of Jefferson, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, Nicholson and Holley of Richmond. and Hagan of Screven:

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JOURNAL OF THE HOUSE,

A resolution proposing to the qualified voters of the state an amendment to
paragraph 12 of section 1 of article 5 of the constitution which vests in the
Governor power to grant reprieves and pardons, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HB 17. By Messrs. McCracken of Jefferson, Turner of DeKalb, Harris of Richmond, Hand of Mitchell, Durden of Dougherty, Clark of Catoosa, Etheridge of Fulton, Daves of Dooly, and Gillis of Treutlen:
A bill to be entitled an act to amend an act fixing the salary of the state treasurer and for other purposes.
Referred to the Committee on State of Republic.

HB 18. By Messrs. Copland, Smith, and Elliott of Muscogee:
A bill to be entitled an act to change and fix the salary of the judge and solicitor of the City Court of Columbus, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 19. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend chapter 84-10 relating to the qualifications, examinations and licensing of dental nurses or hygienists; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 20. By Messrs. Welsch of Cobb, and Campbell of Newton:
A bill to be entitled an act to amend an act Ga. Laws 1941, pp. 427 being the "Eastern Standard Time Law," and for other purposes.
Referred to the Committee on State of Republic.

HB 21. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend section 81-1102 of the code of 1933, which section relates to the presenting of evidence in superior, city and county courts, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 22. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend chapter 9-5 entitled disbarment proceedings of the 1933 code by fixing the time of instituting the proceedings, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

WEDNESDAY, JANUARY 13, 1943

51

HB 23. By Messrs. Bynum of Rabun and Sparks of Towns:
A bill to be entitled an act to provide for assenting to the provisions of the act of Congress entitled "an act to provide that the United States shall aid the states in wild-life-restoration projects and other purposes," approved September 2, 1937, and for other purposes.
Referred to the Committee on Game and Fish.

HB 24. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to amend Chapter 32-21 of code of 1933 entitled "Compulsory school attendance" so that compulsory school attendance may be enforced for children within the ages of six and sixteen until such child finishes the ninth grade, and for other purposes.
Referred to the Committee on Education No. 1.

HB 25. By Mr. Livingston of Polk:
A bill to be entitled an act to creat a board of naturopathic examiners and to define and regulate the practice of naturopathy, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 26. By Mr. Livingston of Polk:
A bill to be entitled an act regulating the campaign of candidates for nomination to the state offices, and for other purposes.
Referred to the Committee on State of Republic.

HB 27. By Messrs. Bynum of Rabun and Sparks of Towns.
A bill to be entitled an act to provide for the preventing of cull seeds, fruits and vegetables from being transported into Georgia for the purpose of sale and for other purposes.
Referred to the Committee on Agriculture No. 2.

HB 28. By Messrs. Grayson and McNall of Chatham, Burnside of McDuffie, Connell of Lowndes, Key of Jasper, Thurmond of Hall, Hand of Mitchell, Phillips of Columbia, and Gowen of Glynn.
A bill to be entitled an act to require payment of all state and county ad valorem taxes on motor vehicles before an application for tag license !s granted, and for other purposes.
Referred to the Committee on Ways and Means.
HB 29. By Messrs. Thompson and Hatchett of Meriwether:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend section 52-105 Ga. Code of 1933 relating to liens of innkeepers so as to provide for liens for hospitals, and for other purposes.
Referred to General Judiciary No. 1.

HB 30. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to be entitled an act to amend the charter of the City of Union City in the County of Fulton, and for other purposes.
Referred to the Committee on Municipal Government.

HB 31. By Mr. Weaver of Bibb:
A bill to be entitled an act to provide how guardians, administrators, executors, trustees, and other fiduciaries may sell stock or bonds which are listed in a stock exchange, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 32. By Mr. Weaver of Bibb:
A bill to be entitled an act to amend an act of the General Assembly of Georgia 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 for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 33. By Mr. Weaver of Bibb:
A bill to be entitled an act to provide for the sale and transfer by guardians, administrators, executors, trustees, and for other fiduciaries of notes and other evidence of indebtedness, and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 34. By Mr. Weaver of Bibb:
A bill to be entitled an act to declare leases of real estate for a term longer of 100 years to be grants in perpetuity, and for other purposes. Referred to the Committee on General Judiciary No. 2.

HB 35. By Mr. Barfield of Bibb:
A bill to be entitled an act to amend section 31 of the land registration act of 1917, so as to permit the owner of a registered tract of land to transfer to himself separate parcels without necessarily freeing said transferred parcels from further registration, and for other purposes.
Referred to the Committee on General Judiciary No. 1.

WEDNESDAY, JANUARY 13, 1943

53

HB 36. By Mr. Thigpen of Glascock:
A bill to be entitled an act to repeal an act amending the act creating a board of commissioners of roads and revenues of Glascock county, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 17-26A. By Messrs. Barfield of Bibb, Park of Greene, and Mrs. Guerry of Macon:
A resolution to amend the constitution of the state by repealing paragraph 16 of section 7 of article 3, said paragraph relating to the passage of local and special bills by providing that no local or general bills with local application be introduced into the General Assembly, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

HB 37. By Mr. Sharpe of Toombs:
A bill to be entitled an act providing for the filing of answers and defensive pleadings by attorneys for the defender in all litigated cases, the certificates of attorneys for the defendant, and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 38. By Mr. Sharpe of Toombs:
A bill to be entitled an act to provide for the holding of four times a year of the superior court of Toombs County, Georgia, to fix the titne for same, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 39A. By Mr. Sharpe of Toombs:
A bill to amend section 57-101 of the 1933 code which relates to the legal rate of interest so as to fix and restrict the legal rate of interest; and for otlter purposes.
Referred to the Committee on Banks and Banking.

HB 39. By Mr. Sharpe of Toombs:
A bill to be entitled an act to repeal the act creating the office of commissioner of roads and revenues in the county of Toombs; and to create a board of commissioners of roads and revenues in the County of Toombs; to provide for their election, and for other purposes.
Referred to the Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

HB 40. By Messrs. McCracken of Jefferson, Durden and Smith of Dougherty,
Gardner and Hand of Mitchell, Hagan of Screven, and Bargeron of Burke: A bill to be entitled an act to fix the salary of the secretary of state, and for other purposes.
Referred to the Committee on State of Republic.
HB 41. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend section 96-205 of the 1933 code to provide that when a voluntary deed or conveyance shall be recorded in accordance with section 29-401 of said code, such deed or conveyance shall have priority as provided in last said mentioned section over subsequent deeds or conveyances, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 42. By Mr. Martin of Bartow:
A bill to be entitled an act to create a game and fish commission to provide for its control and management, establish its jurisdiction, and for other purposes.
Referred to the Committee on State of Republic.
HB 43. By Mr. Elliott of Muscogee:
A bill to be entitled an act to repeal section 14-1808 of the Ga. code as amended in 1933, to amend section 14-105 of the Ga. code, and to amend section 14-716 of the Ga. code by declaring certain days as public legal holidays, religious holidays, and for other purposes.
Referred to the Committee on State of Republic.

HB 44. By Messrs. Weaver, Barfield and Wilson of Bibb, Turner, Broome, and Hubert of DeKalb, and Mrs. Mankin of Fulton.
A bill to be entitled an act to appropriate to the state department of public welfare certain sums for the equipment, support and maintenance of the negro division of the Georgia Training School for Girls, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 45. By Mr. Sharpe of Toombs:
A bill to be entitled an act to prohibit hunting of deer in Toombs county for a period of five years and for other purposes.
Referred to the Committee on Game and Fish.

WEDNESDAY, JANUARY 13, 1943

55

The following message was received from the Senate through Mr. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit:

SR 8. By Senator Millican of the 52nd:
A resolution requesting that the Governor take the necessary steps to secure a return of the recent advance payment on the Tattnall prison; and for other purposes.
The following resolution of the House was read and adopted:
HR 18. By Mr. Durden of Dougherty:
Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia convene in joint session in the Hall of the House of Representatives at 11 o'clock a. m., on Thursday, January 14, 1943, for the purpose of hearing the budget message of His Excellency, the Governor, and that a joint committee of five be appointed, two from the Senate to be named by the president, and three from the House, to be named by the Speaker, be appointed to escort the Governor to the joint session.
The Speaker appointed as a committee on the part of the House the followinj!; members of the House to wit:
Messrs. Gilbert of Glynn,
Nicholson of Richmond, and
Mitchell of Monroe
The following resolution of the Senate was read and adopted: SR 8. By Senator Millican of the 52nd:

A RESOLUTION
Requesting that the Governor take the necessary steps to secure a return of the recent advance payment on the Tattnall Prison and reinstate the loan according to the original plan.
Be it resolved by the Senate, the House concurring, so as to become a concurrent resolution of the General Assembly of Georgia:
Whereas, on the 30th day of December, 1942, the Governor of the State of Georgia by executive order directed the payment of the entire balance of the loan obtained from an agency of the United States Government for the erection of Tatt-

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JOURNAL OF THE HOUSE,

nail prison, which said loan according to its original plan was to be repaid in annual installments until the year 1986, and,
Whereas, the State of Georgia is faced with unusual conditions, on account of the present war, in the adjustment of its :finances; and,
Whereas, it is deemed to the best interest of the state that the said loan for Tattnall Prison be carried out according to its original plan;
Resolved: That the Governor be, and he is, hereby requested by the General Assembly of the State of Georgia, to take the necessary steps to secure a return of the recent advance payment on the Tattnall Prison and reinstate the loan according to the original plan.

The following message was received from the Senate thorugh Mr. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the Senate to wit:

SR 9. By Senator Atkinson of the 1st, and others:
A resolution providing for the General Assembly to adjourn its organization session sine die at 12 o'clock noon Friday, January 15, 1943.

SR 10. By Senator Atkinson of the 1st, and others:
A resolution providing for the convening of the General Assembly in regular session at 10 o'clock Monday, January 18, 1943.
The following resolutions of the Senate were read and adopted:

SR 9. By Senator Atkinson of the 1st:

A RESOLUTION
Be it resolved by the Senate, the House concurring, that the General Assembly of Georgia adjourn its organization session sine die at 12 o'clock noon Friday, January 15, 1943. .
SR 10. By Senator Atkinson of the 1st:

A RESOLUTION
Be it resolved by the Senate, the House concurring, that the General Assembly of Georgia convene in regular session at 10:00 o'clock a. m., Monday, January 18, 1943.

WEDNESDAY, JANUARY 13, 1943

57

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following resolutions of the House to wit:

HR11.

HR 18.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Durden of Dougherty moved that the House do now adjourn, and th~ motion prevailed.

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, January 14, 1943.
The House met pursuant to adjournment this day at 10:00 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.
The following message was received from the Senate through Mr. Nevin, the secretary thereof:
Mr. Speaker: The Senate has passed by the constitutional majority the following resolutions
of the House to wit:

HR 18. By Mr. Durden of Dougherty:
A resolution that the House and Senate convene in joint session at 11 :00 o'clock a.m., on Thursday, January 14, 1943, for hearing the budget message of His Excellency, the Governor, and that a committee be appointed to escort the Governor to the session.
The president has appointed as a committee on the part of the Senate:
Senators: Kaigler of 13th
Martin of 12th

HB 14. By l.Vlessrs. Durden of Dougherty, Gowen of Glynn, Grayson of Chatham, McCracken of Jefferson, Burnside of McDuffie:
A resolution urging all citizens of Georgia to invest in War Bonds to be used immediately to float a new cruiser, Atlanta.
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.
2. Reading and reference of House bills.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:

THURSDAY, JANUARY 14, 1943

59

HB 46. By Messrs. Gowen of Glynn, Grayson of Chatham, Durden of Dougherty, Burnside of McDuffie, Connell of Lowndes, MeNall of Chatham, Key of Jasper, Phillips of Columbia, Thurmond of Hall, Hand of Mitchell, McCr~cken of Jefferson, Caldwell of Troup, Fortson of Wilkes, Hurst and Goldberg of Coweta, and Allison of Gwinnett:
A bill to be entitled an act to make appropriations for the operation of the state government for the period January 1, 1943, to June 30, 1943; and for other purposes.
Referred to the Committee on Appropriations.

HB 47. By Messrs. Gowen of Glynn, Grayson and MeN all of Chatham, Durden of Dougherty, Burnside of McDuffie, Connell of Lowndes, Key of Jasper, Phillips of Columbia, Foster of Paulding, McCracken of Jefferson, Hand of Mitchell, Caldwell of Troup, Fortson of Wilkes, Goldberg and Hurst of Coweta, and Allison of Gwinnett:
A bill to be entitled an act to make appropriations for the operation of the state government for the fiscal year ending June 30, 1944, and each year thereafter until repealed; and for other purposes.
Referred to the Committee on Appropriations.

HB 48. By Mr. Park of Greene:
A bill to be entitled an act to require all persons having claims or demands of any kind, except claims especially authorized by law, against the State of Georgia, to submit such claims to the state auditor for approval before payment may be made; and for other purposes.
Referred to the Committee on Insurance.

HB 49. By Mr. Park of Greene:
A bill to be entitled an act to estop any life insurance company from contesting liability on any life insurance policy on the ground of misrepresentation by the insured or the beneficiary after the policy has been in force during the lifetime of the insured for a period of two years; and for other purposes.
Referred to the Committee on Insurance.

HB 50. By Messrs. Dorsett of Douglas, Clark of Catoosa, Dorsey of Cobb, Thompson of Meriwether, Barfield of Bibb, and Reid of Carroll:
A bill to be entitled an act to authorize tax collectors and tax commissioners of various counties of the state to collect registration fees for the operation of motor vehicles within the state; to fix their compensation, and

60

JOURNAL OF THE HOUSE,

to authorize the state revenue commissioner to deliver license plates to the tax collectors and tax commissioners; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 51. By Mr. Wilbanks of Habersham:
A bill to be entitled an act to abolish the Habersham County City Court; and for other purposes.
Referred to the Commitee on Special Judiciar:y.

HB 52. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend the act fixing the amount of fees sheriffs of the state are entitled to so as to provide a fee for summoning a jury while the city or superior courts are in session; and for other purposes.
Referred to the Committee on General Judiciary No.2.

HB 53. By Mr. Fortson of Wilkes:
A hill to be entitled an act to provide for the payment to the proper tax collecting official any tax assessed before contesting his liability for such a tax, and to provide the method for filing claim for refund; and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 54. By Mr. Park of Greene:
A bill to be entitled an act to amend section 81-1102 of the code of 1933 by adding the following words at the beginning of the code section: "Except where there is an efficient court reporter in attendance on the court"; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 55. By Mr. Park of Greene:
A bill to be entitled an act to require all companies and persons selling or delivering gasoline to have stamped on each section of the tanks the number of gallons of gasoline that each section contains at the time of delivery; and for other purposes.
Referred to Committee on Ways and Means.

HB 56. By Mr. Park of Greene: A bill to be entitled an act to increase the pensions paid Confederate sol-

THURSDAY, JANUARY 14, 1943

61

diers and widows from $30.00 to $50.00 per month, beginning January 1, 1943 ; and for other purposes.
Referred to the Committee on Pensions.

HB 57. By Messrs. Connell and Cowart of Lowndes, Joiner of Cook and Gaskins of Berrien:
A bill to be entitled an act to amend article 3, section 2, paragraph 1, of constitution so as to provide a fifty-third senatorial district composed of the counties of Lowndes and Echols; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 2.

HB 58. By Mr. Strickland of Haralson:
A bill to be entitled an act to fix the compensation of the state superintendent of schools as secretary of the state board of education and administrative officer of the department of education; and for other purposes.
Referred to the Committee on State of Republic.

HB 65. By Messrs. Durden and Smith of Dougherty, Allison of Gwinnett, Hand of Mitchell and Gowen of Glynn:
A bill to be entitled an act to repeal sections 40-206 of the code of 1933 as amended and section 40-1301 of the code of 1933 providing for the suspension of the state treasurer or comptroller general; and for other purposes.
Referred to the Committee on State of Republic.

HB 59. By Mr. Strickland of Haralson:
A bill to be entitled an act to amend section 32-2401 of the code of 1933, by providing that the state board of education may promote and es&blish schools for adult illiterates, and for other purposes.
Referred to the Committee on Education No. 1.

HB 60. By Mr. Key of Jasper:
A bill to be entitled an act. to amend an act amending the income tax laws by striking sub-section (1) of section 92-3105 of the code of 1933 as amended (Ga. Laws 1937, pp. 120), and substitute the following sub-section: "Banks and trust companies, including savings bank incorporated under the banking laws of this state or of the United States, doing a general banking business," and amending sub-section 7 of section 92-3107 of the code of 1933 as amended (Ga. Laws 1937, pp. 125) by striking sub-section 7 and substituting therefor the following: "Dividends received on stock of banks and trust

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JOURNAL OF THE HOUSE,

companies incorporated under the banking laws of this state or of the United States", and for other purposes.
Referred to the Committee on Ways and Means.

HB 61. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to require all candidates for the General Assembly in counties having a population of 28,500 to 28,600 to designate and name their incumbent opponents, and for other purposes.
Referred to the Committee on Privileges and Elections.

HB 62. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to amend section 16-101 of the code of Georgia relating to "Loans to persons not members; rate of interest",-by inserting after the word corporation in the third and fourth lines the word "or partnership", and for other purposes.
Referred to the Committee on Banks and Banking.

HB 63. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to amend an act approved March 4, 1941, entitled "Dougherty County Board of Commissioners Created-Referendum" so as to authorize said board of commissioners to levy license and specific or occupation taxes in said county other than within the incorporate limits of towns or cities, and to authorize the passage of rules regulating buildings, fences, and other structures within Dougherty county, and for other purposes.
Referred to the Committee on Counties and County Matters.

- HB 64. By Mr. Bynum of Rabun: A bill to be entitled an act to authorize all persons in excess of fifty-fiv~ years of age to hunt squirrels without obtaining a license, and for other purposes.
Referred to the Committee on Game and Fish.
The following petitions were read and referred to the Committee on Drainage:

THURSDAY, JANUARY 14, 1943

63

George H. Richter Attorney and Counselor at Law
Commercial Building Savannah, Georgia

January 12, 1943.

Hon. Roy V. Harris, Speaker, House of Representatives, Atlanta, Ga.

Dear Mr. Harris:

I request that you will present to the House the two enclosed petitions for redress of grievances addressed to it.

Your announced fight against invasion of legislative authority can begin right here.

Please acknowledge receipt.

Yours very truly, Geo. H. Richter.

George H. Richter Attorney and Counselor at Law
Commercial Building Savannah, Georgia

January 12, 1943.

To the House of Representatives, of the State of Georgia:
Geo. H. Richter, a citizen of said state, respectfully presents this his petition for the redress of grievances, pursuant to the right recognized by its constitution.

The grievance is that former Governor Eugene Talmadge directed the misapplication of state funds in 1942 by the payment to counties of an amount in excess of the one cent per gallon of the gasoline tax allotted to them by law.

The amount is not very material, but it has been stated in the press to be more than $900,000.
Wherefore he prays that said grievance be redressed by the impeachment of the said former Governor Eugene Talmadge and any others taking part in said misapplication.
Respectfully,
Geo. H. Richter.

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JOURNAL OF THE HOUSE,

George H. Richter Attorney and Counselor at Law
Commercial Building Savannah, Georgia
January 12, 1943.
To the House of Representatives of the State of Georgia:
Geo. H. Richter, a citizen of said state, respectfuily presents this his pet1t10n for the redress of grievances, pursuant to the right recognized by its Constitution.
The grievance complained of is that former Governor Eugene Talmadge did, on the 31st day of January 1942, by his executive order, deliberately and wilfully, in violation of the constitution and law, extend the time fixed by law for the purchase of automobile tags without the penalty provided by law, to midnight of February 16th.
On information and belief he also charges that thereafter, and yet more deliberately and wilfully, the said Governor did extend such limit to a later date.
In so extending the time he deprived the sheriffs of the state, in violation of law, of an estimated sum of $100,000, to be collected by them from delinquent applicants, and the further estimated sum of $50,000, which should have first been paid to the state and then disbursed to the sheriffs.
The said former Governor is guilty of a misdemeanor in the case of each tag issued by virtue of his order without the payment of the penalty provided by law.
Wherefore he prays that said grievance may be redressed by the impeachment of the said former Governor Eugene Talmadge.
Respectfully,
Geo. H. Richter.

The following resolution of the House was read and adopted: HR 19. By Messrs. Mims of Miller, Drake of Seminole, and Gillis of Treutlen:

A RESOLUTION
WHEREAS, There now exists in this state as well as in the entire peanut belt of the nation a system of duel prices for peanuts, and products obtained therefrom; and
WHEREAS, There has been set up by the Department of Agriculture of the United States, under Federal Legislation, a system designating certain acreage of peanuts as a "quota peanuts" and all above said designated acreage as "Excess peanuts"; and

THURSDAY, JANUARY 14, 1943

65

WHEREAS, At this particular time it is utterly impossible to have such a thing as excess peanuts when practically all of the foreign vegetable oil supply has been cut off by the war and the peanut oil is being used to replace said foreign oil, and
WHEREAS, The Department of Agriculture of the United States has called for the planting of 5,500,000 acres to supplant the deficiency in foreign oil, and;
WHEREAS; The planting, harvesting, and marketing of said peanuts is absolutely necessary as a contribution to the war effort; and
WHEREAS, The farmers of Georgia and the entire peanut belt are patriotic citizens, eager to do their part to help win this war; and
WHEREAS, The cost of production, in past experience has exceeded the price which is paid for so called excess peanuts and it is impossible to produce peanuts for oil at the price paid for the same in 1942; and
WHEREAS, There can be no possible excuse for the differential in price of $82 per ton for so called excess peanuts and $190 to $200 per ton for quota peanuts were actually grown in the same field, fertilized with the same fertilizer, picked with the same picker and sold in the same market; and
WHEREAS, The prices being paid for so called excess peanuts in Georgia are not reflected in the prices paid by the consumers for peanut oil made from said so called excess peanuts; and
WHEREAS, There can be no possible excuse for the differential between the present prices being paid for so called excess peanuts and the oil products therefrom, which is utterly out of proportion, unreasonable and unwarranted, since there can be no possible justification for $L75 per gallon cooking oil made from $82 per ton peanuts; therefore
BE IT RESOLVED, That it is the sense of this House that the Congress of the United States and particularly the Congress Delegation from Georgia be memoralized that the situation relative to the planting, production, gathering and marketing of peanuts in Georgia and in the entire belt is urgent, that the peanut farmer cannot possible continue to produce peanuts for oil at the prevailing prices and unless action is speedily taken farmers cannot and will not continue producing so called excess peanuts for the reason that although farmers are patriotic and willing to do anything that they can to contribute to the winning of this war it is unreasonable, unwarranted and unjust to expect them to produce such peanuts for the price below the cost of production and marketing.
BE IT FURTHER RESOLVED, That the Congress be memoralized to speedily enact such necessary legislation as will abolish the duel price system and place a Boor under the price of all peanuts in order that the farmers may be insured a reasonable price and a just compensation for their labor and that they might expect to earn a livelihood from their business and that they be not expected to

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JOURNAL OF THE HOUSE,

indulge in a losing proposition when labor, industry and everything else connected with the war effort is booming.

BE IT FURTHER RESOLVED, That the Clerk of this House shall immediately transmit a copy of this resolution to each member of Congress from the State of Georgia and to the Senators from Georgia.
Mr. Ralph McGill of the Atlanta Constitution was presented to the House and after a short address he presented the winners of the national scrap drive from the various schools in Georgia, the following were presented:
1st. Teacher, Mrs. D. D. Veal of Eatonton, Georgia.
2nd. Royce Kaliff of Hardwick, Georgia.
3rd. Albert Rachele of Rockville, Georgia.
4th. Richard Haynes of Rock Chapel, Georgia.
5th. Odell Smith of Sandersville, Georgia. 6th. Betty Jane Hardy of Milledgeville, Georgia.

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 the budget message from His Excellency, Governor Ellis Arnall, was called to order by Hon. Frank Gross, President of the Senate.
The secretary read the resolution providing for the joint session.
Accompanied by the committee of escort and other distinguished guests, His Excellency the Governor, appeared on the floor of the House and delivered the following address:

MR. PRESIDENT, MR. SPEAKER, AND MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA:
Under the law of Georgia it is the duty of the Governor to prepare and submit to the General Assembly a budget for the ensuing period of operations and also to deliver to the Assembly a message which is explanatory of the proposed budget bills submitted to you for passage.
There is no need to call your attention to the serious, perilous, and uncertain conditions that confront the state because of the war which we are fighting in order to preserve democracy.

$35,961,630.38 DEBT
We inherit an appalling state debt in the staggering amount of $35,961,630.38; most of this must be paid during our administration.

THURSDAY, JANUARY 14, 1943

67

This means that not only must we carry. on current state operations but must manage somehow to save enough from our dwindling revenue to pay off this debt.

So you see the state's financial affairs are in a desperate condition. The outlook for a solution of our state's financial plight is indeed dark.

The state auditor has made an estimate of the anticipated revenue, which will be cited for you later, and at the same time he cautions us that during these uncertain times it is practically impossible to estimate with any degree of accuracy thirty days ahead as to what the state's revenue will amount to.

Our losses in revenue up to this time have been caused by necessary regulations and enactments authorized by the United States Congress. We have no way of telling when additional rules and regulations will be necessary which will further curtail and reduce the state's income.

I believe that the wise and proper solution of our problem is to deal with the present situation and the anticipated revenue which we, under present conditions, may expect as the basis. Then if an emergency which is unforeseen should arise, it would be necessary to call the General Assembly into an extra session to cope with these emergencies.

NO NEW TAXES
I sincerely believe that it is our duty to do our utmost to carry on the absolute essential functions of government without placing any additional tax burdens on the people of our state.
If the proposed appropriation bills I have submitted to you are favorably acted upon, I believe that we can carry on and I will assume the responsibility of undertaking to operate the state within the scope and provisions of the bills.
The amount of funds provided for each agency in the budget bills submitted to you have not been arrived at by any haphazard method or computation but are based strictly on the average cost of carrying on the work of the various agencies over the period of the last four years.

INCREASED EXP'ENSES
In addition to the regular functions of the state, provision has been made to take care of the increased common school cost of $3,500,000.00 necessary to maintain the increase in teachers' salaries; provision has been made to meet the greatly expanded old age pension rolls on the present basis which entails an additional $1,605,000.00; provision has been made to pay to the counties the same amount of money which they would have received had gasoline rationing not gone into effect; provision has been made to maintain the state institutions, including Alto, at their present

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capacity, taking into consideration the greatly increased cost of food and supplies; provision has been made to continue the public health activities and the University system is provided for on a parity with previous years.
I am submitting to you two proposed appropriation bills. One covers the period from January 1, 1943, to June 30, 1943. The other to be effective with the fiscal year beginning July 1, 1943, and ending June 30, 1944, but to remain in effect for each year thereafter until changed or modified by the General Assembly.

NEED FOR SPEED
In connection with the budget bill for the six months' period ending June 30, 1943, it is most urgent that this bill be passed immediately inasmuch as on January 1 the state reverted back to the appropriation act of 1937, and the expenditures which have been set up as of this date for old age pensions, common school teachers' salaries, the operations of Alto Sanatorium, the funds to the counties and the funds for defense activities are in no way in conformity with the appropriation act passed in 1937. That means that unless this six months appropriation bill is passed by this General Assembly by January 25th or the end of this month, it will be impossible to maintain payment of teachers' salaries, the counties and the other items referred to.
As stated, the amounts provided in this emergency appropriation bill have been set after considerable study of the expenditures of the various agencies over the last four years and I believe that the amounts provided are so absolutely fair and free from favoritism that not a single agency of the state will have just cause to approach the members of the General Assembly for an adjustment in the amounts provided.
In every case the amounts provided will cause the agencies to be compelled to watch their expenditures very closely, to economize and to cut to the bone but this is necessary and essential during these uncertain times.

i\BOLISH ALLOCATIONS
The appropnat10n bills, which I am submitting to you, are epoch-making in that they do away with the obsolete, much violated system of allocations-a system which today if followed would greatly reduce the school equalization fund, the fund for counties and would wreck havoc with state operations. Specific appropriation for each of the agencies supported from funds of the state have been made.

The so-called "Grandfather Clause" which would work to a disadvantage at this time, because under present conditions it would be impossible to enforce a pro rata reduction in appropriations in the event of a deficiency in revenue, has been eliminated.
ENFORCE ECONOMY
However, to enforce as much economy as possible, there is incorporated in the bills a provision whereby the budget authorities may, with the cooperation of the

THURSDAY, JANUARY 14, 1943

69

Finance Commission, which I am requesting the General Assembly to create, make what savings are possible in the funds provided in these acts.
There are incorporated in the bills provisions whereby none of ~he funds made available can be expended except in accordance with budgets submitted and approved.

There is also a provision in the act providing that:
"No payment shall be made and no obligation shall be incurred against any fund, allotment, or appropriation made in this act unless the same has been included in the budget of the respective agency and approved as provided by law. Every expenditure or obligation authorized and incurred in violation of provisions of this section shall be void. Every payment made in violation of the provision of this section shall be deemed illegal and every official authorizing or making such payment, or taking part therein, and every person receiving such payment or part thereof, shall be jointly and severally liable to the state for the full amount so paid or received."

NO NEW HIGHWAY CONSTRUCTION
We make no specific provision in the bills for new highway construction but provision is made that in event surplus monies are received by the state which are in excess of the absolutely essential needs set out in the budget bills then the authorities have the right to make allotments from this surplus fund for highway construction purposes.
I very keenly feel, and I believe the public feels, that the state should hold down all construction of roads as much as possible so as to relieve the materials, transportation facilities, and labor for use in the war effort.
I strongly favor preserving as much funds as possible for highway construction purposes so that when this war is over, the State of Georgia will be in a position to inaugurate a large and expanded road building program which will stimulate business and give employment to our people and to many of the boys who are now away from home fighting that we may live.

AID TO COUNTIES
There is one other important step which I intend to take immediately and that is to give further aid to the counties by at once transferring the maintenance of roads to each county and to provide that each county shall receive as compensation for this service $150.00 per year per mile of state aid road mileage in the county. Not only will this aid the counties to carry on in these times, but it will relieve the highway department of a considerable amount of annual cost for the up-keep of the prison camps which it now maintains.
Before discussing the details of the appropriation bills which have been submitted to you, I would like to point out that the provisions made -in the regular appropriation bill, which I hope the General Assembly will enact, are exactly twice the amount pro-

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vided for each agency in the six months bill which you are urged to enact immediately, with the exception of slight changes in the items for public debt and interest. So, if you see fit to enact the emergency six months appropriation bill immediately as it is now written, then it will be unnecessary for the General Assembly to consume its time in going into detailed hearings on the annual appropriation bill. I desire to make this as a suggestion only in a sincere effort to assist you members of the assembly in saving as much time and trouble as possible because I know and respect the prerogative of the General Assembly to enact any appropriation bill it may desire.

ENACT BILLS WITHOUT CHANGE
Before any changes are made in these bills as submitted I most urgently beseech you senators and representatives to give serious consideration to the passage of the bills as submitted.
If these bills are enacted into law, I will assume full responsibility for the successful financial operation of the state within the scope of these measures, in absence of some unforeseen emergency. If items and provisions are changed and the amounts are thrown out of line, the financial operation of the state will be your responsibility, but in either event I will do my best to give to the people a sound financial operation of state affairs.
To aid you in giving due consideration to the prompt passage of the appropriation act for the emergency six months ending June 30, 1943, which is absolutely essential at this time, I will give you the following pertinent information:
The bill as drawn makes provision for fixed appropriations to all agencies of the state totaling $22,481,150.00 for the six months' period.

LOSS IN GASOLINE TAXES
The actual state receipts in the same six months' period of the previous year have amounted to $32,657,971.57 and the loss in gasoline tax receipts for the six months' period on the basis of the present losses will amount to approximately $5,000,000.00 and it is estimated that 80% of the $5,000,000.00 annual loss in income tax caused by the exemption of federal taxes from state income tax, or $4,000,000.00 will be realized in this six months' period, leaving the estimated revenue for the period to be $23,657.971.57. Although we feel that this estimated amount is safe, we will still have to keep in mind that some additional federal regulations might be passed at any moment which would greatly curtail these funds.
For a summary of the appropriations provided in the emergency act for the six months' period, I give you the following:
Legislation ----------------------------------------------------------------------------------------------$ 250,000.00
Judicial Branch -------------------------------------------------------------------------------------- 202,500.00 Public Debt and Interest --------------------------------------------------------------------- 3,065,000.00 Common Schools ----------------------------------------------------------------------------------- 8,427,200.00

THURSDAY, JANUARY 14, 1943

71

(In connection with this item, this is the balance needed for the fiscal year ending June 30, 1943, to provide the amount of $19,000,000.00 needed to carry on the school activities including the teacher salary payments and the maintenance of the Equalization Fund for the six months' period.)

University System ..................................................................................
(In connection with this item, there has been $300,000.00 advanced to the University in the previous six months' period in connection with the Naval Pre-Flight Training School and this advance with the $750,000.00 will make available to the University $1,050,000.00 for the six months' period.

750,000.00

Highway Administration ...................................................................... 225,000.00

Maintenance of Roads

1,000.000.00

Construction of Roads
{As to the construction of roads, a provision has been made in the bill whereby if the income of the state is sufficient and in excess of the amount of funds necessary to maintain the essential functions, then this amount of funds will be available for apportionment for the construction of roads or for a reserve to be used for the construction of roads after the war.)

50,000.00

Grants to Counties for the Maintenance of Secondary Roads ........$ 2,150,000.00
(The amount provided in this item for the six months' period
will maintain the grants to the counties on the basis of $4,-
300,000.00 a year irrespective of the loss from gasoline taxes.)

Pubic Health Department .................................................................... 300,000.00

State Institutions including Alto Sanatorium and Prison System .. 1,425,000.00

Public Welfare ......................................................................................
(The amount provided for Public Welfare Department for the six months' period will maintain the pension rolls on the present basis.)

2,802,500.00

Confederate Pensions

270,000.00

Other Agencies whose operations produce Income for Maintenace 1,207,300.00

Other Agencies not producing Income but having general Government functions ................................................................................ 716,650.00

Total ................................................................................................$22,841,150.00

72

JOURNAL OF THE HOUSE,

Analyzing the income of $23,650,000.00 which is estimated will be available to

apply on this emerency six months' appropriation bill provided .there is no further

drastic curtailment in other sources is as foliows:



Property, Professional, Poll and Intangible Tax ............................$ 1,140,000.00

Liquor Tax ............................................................................................ 1,650,000.00

Cigar and Cigarette Tax ...................................................................... 1,918,000.00

Corporation Tax .................................................................................... 399,000.00

Income Tax -- (This is the amount of income tax that is estimated after applying the loss expected from federal income tax deduc-
tions.)

4,815,000.00

Inheritance Tax

217,000.00

Insurance Premium Tax ...................................................................... 949,000.00

Gasoline and Kerosene Tax ................................................................ 7,073,000.00 (This amount is the net after deducting the $5,000,000.00 anticipated loss in the six months' period.)

Beer Tax - 980,000.00 Motor Vehicle Tax .............................................................................. 2,111,000.00 Occupation Tax .................................................................................... 410,000.00

Wine Tax

287,000.00

Miscellaneous Fees, Rents, Sales and Earnings ................................ 1,709,000.00

Total ................................................................................................$23,658,000.00
As stated before, the second appropriation bill which is submitted to you for consideration is for the full fiscal year beginning July 1, 1943, and ending June 30, 1944, with a clause for the continuation of the provisions therein for each year thereafter until same has changed by action of the General Assembly.
This full year's bill is identical with the six months' appropriation bill with the exception that the amounts provided for the operations of the agencies are exactly double the amount in the special emergency six months' bill.
The amount of funds provided for the operations of the various agencies for this twelve months' period amounts to $45,716,900.00.
Based on the actual receipts for the last fiscal year which amounted to $58,893,568.09 and deducting the $15,000,000.00 annual anticipated reduction in gasoline and income taxes will leave $43,893,568.09 to apply in payment of the appropriation bill.

THURSOAY, JANUARY 14, .1943

73

As you will note, the provisions for the absolute essential activities with no road construction as provided in the bill require~ $1,900,000.00 more funds than the an-
ticipated income based on present and federal control orders.

TO BALANCE BUDGET

I hope that the reductions will not be as drastic as are anticipated and that we can finance the bill in full, however, if conditions do not justify this position, then I, as your Governor, with the cooperation and advice of the finance commission, which I ask you to establish, under the provisions of the bill will cut down on the expenditures authorized in it in such places as will not affect the main and essential functions of the state and by this action we will bring the budget in balance with income.

I want to again emphasize that the estimates of revenue are based on present conditions and are subject to drastic changes without warning, however, for the benefit of the taxpayers of this state, I am of the firm belief that it behooves us to use every means possible to curtail expenditures to such an extent that the state can live within its income as received.

Summarizing this annual appropriation bill by main functions, I will give you the following:

Legislation ............................................................................................$ 250,000.00

Judicial Branch ...........................................................~.......................... 405,000.00

Public Debt and Interest ..................................................................... 3,%9,000.00

Common Schools .................................................................................... 19,000,000.00

University System -- 1,800,000.00 Highway Administration ...................................................................... 450,000.00

Maintenance of Roads

2,000,000.00

Construction of Roads

100,000.00

(This item carries a provision whereby if the income of the state is in excess of the amount necessary to carry on essential functions, an allotment can be made for road construction from the funds thus available.)

Grants to Counties for the Maintenance of Secondary Roads........ 4,300,000.00

Public Health Department .................................................................. 600,000.00

State Institutions including Alto Sanatorium and Prison System .. 2,850,000.00

Public Welfare ...................................................................................... 5,605,000.00

Confederate Pensions ............................................................................ 540,000.00

74

JOURNAL OF THE HOUSE,

Other Agencies whose operations produce income ............................ 2,414,600.00
Other Agencies performing general government functions requiring general appropriation .............................................................. 1,433,300.00

Total ................................................................................................$45,716,900.00

Analyzing the $43,894,000.00 income which is anticipated will be available to apply on these appropriations, we have the following amounts after applying the $10,000,000.00 annual anticipated reduction in gasoline tax and the $5,000,000.00 anticipated annual reduction in income tax caused by the exemption of increased federal taxes is as follows:

Property, Professional, Poll and Intangible Tax ..............................$ 4,844,000.00

Liquor. Tax ............................................................................................ 2,970,000.00

Cigar and Cigarette Tax ...................................................................... 3,576,000.00

Corporation Tax .................................................................................. 430,000.00

Income Tax ............................................................................................ 6,286,000.00

Inheritance Tax .................................................................................... 543,000.00

Insurance Premium Tax ...................................................................... 1,016,000.00

Gasoline and Kerosene Tax ................................................................ 15,710,000.00

Beer Tax ................................................................................................ 1,904,000.00

Motor Vehicle Tax .............................................................................. 2,308,000.00

Occupation Tax .................................................................................... 541,000.00

Wine Tax

492,000.00

Miscellaneous Fees, Rents, Sales and Earnings ................................ 3,894,000.00

Total ..........................................................:.............,.......................$43,894,000.00

I have worked hard on these appropriation bills and have given them serious study in view of conditions over which we have no control. The state auditor has been most helpful to me in preparing the proposed budget bills and in furnishing necessary information. I feel sure that after the General Assembly has reviewed the proposals in detail, that you will enact the legislation as requested.

The Governor's office and the state auditor's office are delighted to place their entire staffs at your disposal and if there is any information that you desire which will aid you in the adoption of these measures with dispatch, it will be our pleasure to cooperate in every possible way.

THURSDAY, JANUARY 14, 1943

75

Mr. Durden of Dougherty moved that the joint session of the House and the Senate do now dissolve, the motion prevailed, and the joint session was dissolved.
The speaker called the House to order.
The speaker announced the following standing committee assignments:

ACADEMY FOR THE BLIND

Chairman: Weaver Vice-Chairman: Greene of Jones Secretary: Dunn
Battles Barfield Boone Brunson Bentley Cowart Dallis DuPree Gaston Giddens Gray

Herndon Hicks Johns Knabb Livingston McEntire Mankin Medders Mixon Norman Russell Wells of Ben Hill Wilson Woodruff

AMENDMENTS TO THE CONSTITUTION NO. 1

Chairman: Foster Vice-Chairman: Hogg Secretary: Gilbert
Alexander Allison Alwood Barfield Branch Broome Campbell of Newton Cannon Cates Clark Connell Copland Culpepper Curry Daves Deal Dunn Durden Fortson

Gardner Gholston Gillis Goldberg Gowen Grayson Greene of Jones Guyton Hand Harden Heard Hill of Troup Horne Joiner Kelly of Thomas Kelly of Walker Key Knabb McCamy McEntire McCracken Mabry

76

JOURNAL OF THE HOlJSE,

Mason Miller Mitchell Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Peck Porter Price Ray

Riley Rossee Sharpe Sills Smith of Dougherty Sumner Thompson Thrash Waller Wells of Ben Hill

AMENDMENTS TO THE CONSTITUTION NO. 2

Chairman: Welsch Vice-Chairman: Brewton Secretary: Riddlespurger
Adams Alexander Allison Anderson Bargeron Bennett Branch Brunson Bynum Cates Clark Connell Culpepper Dallis Dorsett Edwards Etheridge Ferguson Gilbert Gillis Gowen Grayson Hagan Hart of Thomas Hatchett Hightower Hicks Holley Hooks

Hubert Hurst Jones Johnson of Pike Johnston of Worth Kelly of Walker Kendrick Littlejohn Looper McNall McCracken Malone Mankin Mavity Mims Mixon Moore of Taliaferro Nicholson of Richmond Park Pannell Powell Reynolds Rowland Smith of Oglethorpe Strickland Swint Thurmond Weaver Wells of Telfair Whipple Wilson

THURSDAY, JANUARY 14, 1943

77

APPROPRIATIONS

Chairman: Gowen Vice?Chairman: Caldwell Secretary: Ray
Allison Alwood Barfield Bowen Boynton Branch Bridges Burnside Campbell of Polk Campbell of Newton Cates Connell
Culpepp~r
Daves Deal Durden Elliott Ennis Etheridge Ferguson Fortson Foster Graham Grayson Greene of Schley Guyton Hagan Hand Harden Hardy Hefner Herndon Hicks

Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Johnson of Pike Kelly of Thomas Kelly of Walker Key Knabb
~cCracken ~cEntire ~cNall ~artin ~ason ~iller ~itchell
Nicholson of Richmond Phillips Powell Price Riddlespurger Rossee Rountree Russell Sills Smiley Smith of Carroll Smith of ~ uscogee Sparks Thigpen Thompson Thrash Thurmond Whipple Williams of Coffee

Chairman: Gardner Vice-Chairman: Boynton Secretary: ~inchew
Baker Branch Burnside

AUDITING
Burton Campbell of Newton Copland Daves Drake Durden

78

JOURNAL OF THE HOUSE,

Easler Foster Gavin Gowen Graham Greene of Jones Hart of Thomas Holley Johnson of Chattahoochee Kelly of Walker Knabb. Mavity McCamy McCracken

McNall Miller Mims Mixon Moore of Baldwin Moore of Taliaferro Oliver Peck Phillips Powell Price Reid Roper Rossee

Chairman: Ferguson Vice-Chairman: Malone Secretary: Reynolds
Alexander Bates Battles Bennett Brunson Connell Cowart Dorsey Dunn Easler Elliott Gilbert Hart of Thomas Heard Hicks

AVIATION
Hagan Holley Kelly of Thomas Kendrick Littlejohn Looper Norman Pettit Price Roughton Russell Salter Thrash Turner Welsch Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee

Chairman: Miller Vice-Chairman: Pruitt Secretary: Roper
Alexander Baker Battles Burton Caldwell Cates

BANKS AND BANKING
Culpepper Dorsett Dukes Dyal Ferguson Fortson Gowen Hand Hicks

THURSDAY, JANUARY 14, 1943

79

Hightower Hill of Clarke Johnson of Pike Johnston of Worth Kelly of Thomas Key Littlejohn McCamy Mankin Mason Mills Moate Nicholson of Oconee Odum Ogburn Oliver Overby Park Parker

Pirkle Ray Riley Rountree Sharpe Smith of Muscogee Smith of Oglethorpe Sparks Sumner Swint Thompson Thrash Waller Warnock Wells of Ben Hill Wells of Telfair Williams of Harris Willoughby Yawn

Chairman: Curry Vice-Chairman: Mcintosh Secretary: Knabb
Baker Battles Bentley Boone Bridges Brunson Campbell of Polk Cates Chance Crummey Dallis Dorsett Dukes DuPree

COMMERCE
Dyal Easler Edwards Fisher Gray Greene of Schley Guyton Hatchett Herndon Hightower Hill of Troup Norman Pruitt Pannell Sparks Warnock Wilbanks of Habersham

CONSERVATION

Chairman: Smith of Muscogee Vice-Chairman: Rountree Secretary: Anderson
Adams Alexander

Alwood Bates Bentley Boone Boynton

80

JOURNAL OF THE HOUSE,

Brunson Burton Bynum Bridges Campbell of Newton Campbell of Polk Chance Cowart Crummey Dallis Deal Dorsett Dukes Dyal Drake Edwards Fisher Ferguson Gaston Giddens Goldberg Gowen Graham Greene of Jones Guerry Howard Jennings of Terrell
Chairman: Riley Vice-Chairman: Gilbert Secretary: Hightower
Alwood Alexander Bates Battles Boone Brunson Bynum Caldwell Cannon Clark Copland Culpepper Dorsett Dorsey

Kelly of Thomas Key Mcintosh McNall Mason Malone Mavity Medders Mills Minchew Moate Moore of Taliaferro Nicholson of Richmond Oliver Odom Park Peck Padgett Pirkle Porter Sheppard Smiley Sparks Wells of Telfair Wilbanks of Cherokee Williams of Harris
CORPORATIONS
Dukes Dunn Elliott Ennis Gardner Greene of Schley Hardy Heard Hill of Clarke Hogg Horne Jennings of Terrell Johnston of Worth Key Mankin Mitchell Moate

THURSDAY, JANUARY 14, 1943

81

Odom Pannell Parker Peck Reynolds Rowland Russell

Smith of Carroll Smith of Oglethorpe Strickland Swint Welsch Wqodruff Yawn

COUNTIES AND COUNTY MATTERS

Chairman : Sills Vice-Chairman: Cowart Secretary: Heard
Adams Allison Baker Barfield Bennett Brewton Broome Bynum Campbell of Polk Campbell of Newton Cannon Chance Culpepper Dalton Dorsey Easler Etheridge Fussell Gaston Gholston Gilbert Goldberg Greene of Schley Harden Hardy Hefner Hogg Howard Hubert Jennings of Sumter Jennings of Terrell Johns Johnson of Chattahoochee

Kelly of Thomas Knabb Looper McEntire Mcintosh Mabry Mason Martin Mavity Maund Medders Mims Minchew Norman Pirkle Peck Price Pettit Reid Reynolds Russell Sheppard Smiley Smith of Washington Sparks Thigpen Thurmond Waller Warnock Weaver Welsch Whipple Williams of Gwinnett Willoughby Wright

82

JOURNAL OF THE HOUSE,

Chairman: Durden Vice-Chairman: Hand Secretary: Gowen
Allison Bargeron Branch Clark Daves Drake Fortson Foster Gillis Hicks McCracken
Chairman: Thrash Vice-Chairman: Whipple Secretary: Horne
Adams Alwood Bargeron Boynton Bridges Brunson Campbell of Newton Cannon Cheshire Clark Connell Crummey Curry Dalton Daves Deal Durden Foster Fussell Gavin Gowen Graham Grayson Greene of Jones Guerry Guyton

DRAINAGE McEntire Mcintosh McNall Mason Mims Minchew Mitchell Mixon Phillips Reid Rossee Smith of Muscogee Thomas Welsch

EDUCATION NO.1

Hand

Harden

Hardy

Hart of Quitman

Herndon

Hill of Troup

Hurst

Jennings of Sumter

. Joiner

Johnson of Chattahoochee

Kelly of Thomas



Kelly of Walker

Kendrick

Key

McCracken

McEntire

Mason

Miller

Mims

Nicholson of Richmond

Ogburn

Powell

Price

Rees

Riley

Roper

Rossee

Russell

Salter

THURSDAY, JANUARY 14; 1943

83

Sharpe Sheppard Smith of Dougherty Smith of Washington Sumner Thompson

Waller Wells of Ben Hill Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby

Chairman: Hatchett Vice-Chairman: Dunn Secretary: Hubert
Allison Bennett Branch Culpepper DuPree Easler Edwards Gardner Gaskins Gholston Gilbert Gillis Goldberg Hagan Hartness Hightower Hogg Hooks Jennings of Terrell Johnson of Pike Jones Knabb

EDUCATION NO. 2
Looper McCamy Malone Martin Maund Medders Minchew Odom Overby Park Parker Peck Porter Ray Rountree Rowland Smiley Smith of Muscogee Smith of Oglethorpe Strickland Swint Thurmond Welsch Wells of Telfair

Chairman: Branch Vice-Chairman: Willoughby Secretary: Etheridge
Anderson Broome Dallis Foster Fortson Fussell Gaston

ENGROSSING
Goldberg Graham Gray Hart of Quitman Hightower Hill of Troup Mcintosh Mabry Malone Mavity

84

JOURNAL OF THE HOUSE,

Minchew Mixon Nicholson of Richmond Porter Pruitt

Salter Sheppard Whipple Wright

ENROLLMENT

Chairman: Johnson of Chattahoochee Vice-Chairman: Hooks Secretary : Jones
Chance Easler Fisher Gaskins Giddens

Greene of Jones Hicks Herndon Hill of Clarke Odom Smiley Thurmond Willoughby

EXCUSE OF MEMBERS ABSENT WITHOUT LEAVE

Chairman: Mitchell Vice-Chairman: Cheshire Secretary: Norman
Battles Bentley Boone Burnside Campbell of Polk Chance Dalton Dorsey DuPree Gaskins Heard

Herndon Hill of Troup Johnson of Pike Joiner Mims Mills Moate Odom Oliver Pannell Sparks Strickland Wilbanks of Habersham Yawn

GAME AND FISH

Chairman: MeNall Vice-Chairman: Hagan Secretary: Knabb
Allison Alwood Anderson Barfield Bargeron Bennett Bowen Boynton Brewton

Broome Bynum Campbell of Newton Cheshire Cowart Curry Dalton Dukes Durden Etheridge Ferguson Fortson

THURSDAY, JANUARY 14, 1943

85

Fussell Gaston Gholston Gilbert Goldberg Gowen Harden Hardy Hartness Heard Hill of Troup Horne Howard Jennings of Terrell Johns Kelly of Thomas Littlejohn Looper Mabry Martin Mason Maund Mavity McCamy

Mcintosh Mims Minchew Mixon Oliver Peck Pettit Pirkle Ray Russell Sheppard Sills Smith of Dougherty Smith of Muscogee Sparks Thomas Thurmond Waller Warnock Wells of Telfair Wilbanks of Cherokee Williams of Harris Willoughby Wright

GENERAL AGRICULTURE NO.1

Chairman: Mason Vice-Chairman: Graham Secretary: Jennings of Terrell
Adams Alwood Anderson Barfield Bargeron Bentley Bowen Branch Broome Bynum Caldwell Chance Cheshire Clark Crummey Dalton DuPree

Durden Fisher Fortson Gavin Gillis Greene of Jones Greene of Schley Guerry Hand Harden Hardy Hart of Thomas Hefner Hill of Clarke Hogg Hubert Hurst Johnson of Pike Jones Kelly of Thomas

86

JOURNAL OF THE HOUSE,

Kelly of Walker Key McCracken McEntire Miller Mitchell Moore of Baldwin Nicholson of Oconee Parker Pirkle Porter Rossee Rowland Russell Salter

Sheppard Strickland Sumner Swint Waller Warnock Wells of Ben Hill Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Woodruff Wright

GENERAL AGRICULTURE NO. 2

Chairman: Gillis Vice-Chairman: Joiner Secretary: Hooks
Allison Bates Battles Bennett Burton Cannon Cates Cowart Curry Deal Drake Dyal Dukes Dunn Easler Ferguson Fussell Gardner Gaskins Gastoh Gholston Giddens Guyton Holley

Johns Johnston of Worth Looper Malone Medders Mills Mims Minchew Moore of Taliaferro Moate Norman Oliver Odom Ogburn Overby Padgett Pannell Reid Reynolds Riddlespurger Rountree Smiley Smith of Washington Wells of Telfair Wilbanks of Habersham Wilson

THURSDAY, JANUARY 14, 1943

87

GENERAL JUDICIARY NO. I

Chairman: Mixon Vice-Chairman: Riley Secretary: Etheridge
Allison Anderson Bargeron Bates Boone Brewton Burnside Campbell of Newton Clark of Catoosa Connell Copland Culpepper Dorsett Dorsey Durden Dunn Edwards Elliott Foster Gardner Gilbert Guyton Hand
Harden

Hardy Heard Hill of Troup Hogg Howard Key McCamy McCracken Martin Mason Mavity Mills Nicholson of Richmond Ogburn Pannell Reynolds Roper Rountree Sheppard Smith of Carroll Strickland Thompson Thurmond Weaver Williams of Coffee Williams of Harris Willoughby

GENERAL JUDICIARY NO. 2

Chairman: Hicks Vice-Chairman: Sharpe Secretary: Mitchell
Alexander Barfield Bynum Cheshire Dorsett Gholston Goldberg Gowen Grayson Hatchett Hightower Horne Hubert

Littlejohn Mankin Mims Nicholson of Oconee Pannell Park Peck Porter Ray Riddlespurger Rowland Smith of Dougherty Thigpen Turner Welsch Whipple

88

JOURNAL OF THE HOUSE,

GEORGIA SCHOOL FOR THE DEAF

Chairman: Littlejohn Vice-Chairman: Campbell of Polk Secretary: Thomas
Bentley Bridges Chance Dallis Dalton Dorsett Giddens Hicks Hightower Hill of Clarke Hooks Holley Johns

Knabb Livingston McEntire Maund Mills Moate Norman Reid Reynolds Roughton Smith of Oglethorpe Strickland Thigpen Thrash Wells of Ben Hill Yawn

GEORGIA STATE SANITARIUM

Chairman: Minchew Vice-Chairman: McEntire Secretary: Cowart
Anderson Bargeron Bowen Brewton Bridges Brunson Cannon Copland Crummey Dalton Daves Dukes Durden Ennis Edwards Fisher Gaskins Gaston Gavin Gholston Giddens Gillis Graham

Gray Greene of Jones Greene of Schley Guerry Harden Hart of Quitman Hart of Thomas Hartness Hatchett Hefner Herndon Hicks Hill of Troup Hurst
Johnson of Chattahoochee Malone Martin Maund Moore of Baldwin Padgett Parker Pirkle Price Roper Rossee Smith of Muscogee

THURSDAY. JANUARY 14, 1943

89

Sumner Thompson

Wells of Ben Hill HALLS AND ROOMS

Chairman: Easler Vice-Chairman: Bargeron Secretary: Hart of Quitman
Battles Caldwell Dorsett Foster Gaskins. Giddens Gray Greene of Jones Hartness Hatchett Herndon

Hicks Johnston of Worth Joiner Kendrick Livingston Mitchell Ogburn Ray Smiley Thigpen Welsch Wilbanks of Habersham Woodruff Yawn

HISTORICAL RESEARCH

Chairman: Guerry Vice-Chairman: Dalton Secretary: Ogburn
Caldwell Campbell of Polk Cheshire Dunn Elliott Foster Guyton Hartness

Herndon Hill of Troup Mills Moore of Baldwin Park Roughton Sharpe Sparks Strickland Thrash Wells of Telfair

HYGIENE AND SANITATION

Chairman: Daves Vice-Chairman: Williams of Harris Secretary: Sumner
Allison Alwood Baker Bentley Burnside Caldwell Cannon Cheshire Connell Copland

Culpepper Dallis Deal Durden Easler Edwards Elliott Ennis Etheridge Fisher Fortson Gavin Gaskins

90

JOURNAL OF THE HOUSE,

Gholston Gilbert Gowen Gray Grayson Greene of Jones Guerry Hand Hart of Thomas Hatchett Herndon Hicks Hill of Clarke Hill of Troup Hogg Key Littlejohn Livingston McNall Malone Mankin Maund Mavity

Mixon Moore of Baldwin Nicholson of Richmond Porter Rees Reid Riddlespurger Rossee Roughton Smith of Carroll Smith of Dougherty Smith of Muscogee Strickland Swint Thomas Thompson Turner Waller Wells of Ben Hill Weaver Williams of Gwinnett Williams of Harris Yawn

INDUSTRIAL RELATIONS

Chairman: Kendrick: Vice-Chairman: Holley Secretary: Copland
Allison Bargeron Branch Broome Burnside Caldwell Campbell of Newton Cannon Clark Connell Daves Deal Durden Etheridge Fortson Gavin Gholston Goldberg

Gowen Grayson Hand Hatchett Hicks Horne Jennings of Sumter Kelly of W alk:er Key Littlejohn McCracken McNall Mankin Maund Mavity Miller Mixon Moore of Taliaferro Nicholson of Richmond Peck Pettit

THURSDAY, JANUARY 14, 1943

91

Phillips Powell Salter Sheppard Smith of Carroll Smith of Muscogee Smith of Washington Swint

Thomas Thurmond Turner Waller Weaver Wells of Ben Hill Welsch Williams of Harris

Chairman : Phillips Vice-Chairman: Waller Secretary: Fortson
Allison Barfield Branch Burnside Campbell of Newton Cannon Dorsey Durden Easler Etheridge Foster Gholston Gillis Goldberg Gowen Harden Jennings of Sumter Jennings of Terrell Johnston of Worth Kelly of Thomas

INSURANCE
Kendrick Key McCracken Mabry Mankin Mason Maund Miller Mims Mitchell Nicholson of Richmond Peck Rees Rossee Salter Smith of Muscogee Smith of Oglethorpe Sumner Thurmond Turner Warnock Weaver Williams of Gwinnett

INTERSTATE CO-OPERATION

Chairman: Connell Vice-Chairman: Hagan Secretary: McCracken

Durden Gowen Hand

INVALID PENSIONS AND SOLDIERS HOME

Chairman: Hagan Vice-Chairman: Moore of Taliaferro Secretary: Smith of Oglethorpe
Battles Edwards

Gaskins Hart of Thomas Hartness Herndon Hooks

92

JOURNAL OF THE HOUSE,

Johns Livingston McEntire Mills Mixon Pruitt Rees Rowland

Smiley Strickland Sumner Swint Wells of Telfair Wilbanks of Habersham Williams of Coffee Woodruff

Chairman: Gray Vice-Chairman: Etheridge Secretary: Holley
Anderson Bates Bennett Bentley Branch Burnside Gholston Johnson of Pike

JOURNALS
Kelly of Walker Looper Mabry Padgett Pannell Riddlespurger Salter Smith .of Washington Wilba~ks of Habersham Yawn

LEGISLATIVE & CONGRESSIONAL RE-APPORTIONMENT

Chairman: Gavin Vice-Chairman: Johnston of Worth Secretary: Hefner
Dyal Fisher Gaskins Gaston Gholston

Giddens Guyton Hart of Thomas Hatchett Medders Padgett Roughton Thigpen

Chairman: Powell Vice-Chairman: Salter Secretary: Russell
Barfield Bentley Boone Branch Dyal Fussell

:UANUFACTURES
Hefner Jennings of Sumter Looper Livingston Mason Smith of Oglethorpe Wright Yawn

THURSDAY, JANUARY 14, 1943

93

Chairman: Thurmond Vice-Chairman: Heard Secretary: Price
Bargeron Broome Cannon Cates Cheshire Clark Connell Curry Crummey Daves Durden Drake Eliott Ennis Etheridge Ferguson Fisher Fortson Gilbert Gillis Gowen Guyton Graham Grayson Hand Hardy Hicks Hogg
Chairman: Pettit Vice-Chairman: Pruitt Secretary: Russell
Boynton Cannon Chance Hartness Hatchett Hefner Livingston

MILITARY AFFAIRS
Howard Hurst Jennings of Terrell Johnson of Chattahoochee Joiner Jones Kelly of Thomas Kelly of Walker Key Knabb Mavity Minchew Mixon McCracken Nicholson of Richmond Peck Pettit Phillips Riley Roughton Rossee Sheppard Smith of Dougherty Smith of Muscogee Swint Thrash Wells of Ben Hill Wilson Wright Yawn
MINES AND MINING
McEntire Pannell Rees Salter Sparks Strickland Welsch Wilbanks of Cherokee Wright Yawn

94

. JOURNAL OF THE HOUSE,

MOTOR VEHICLES

Chairman: Adams Vice-Chairman: McEntire Secretary: Jennings of Sumter
Baker Bargeron Burnside Burton Broome Campbell of Newton Clark Dukes Durden Etheridge Fortson Greene of Jones Hand Harden Heard Horne Kelly of Thomas Kelly of Walker

Littlejohn Maund Mason McCamy McCracken Mixon Moore of Taliaferro Peck Pettit Phillips Price Rossee Sills Sparks Smith of Oglethorpe Thigpen Thomas Turner Warnock Whipple Williams of Gwinnett

MUNICIPAL GOVERNMENT

Chairman: Allison Vice-Chairman: Thompson Secretary: Peck
Broome Bynum Caldwell Campbell of Newton Clarke Connell Culpepper Dorsey Drake Durden Ennis Etheridge Ferguson Gaskins Gaston Gavin Gholston Gilbert

Gowen Hill of Clarke Hogg Hubert Johnston of Worth Kelly of Thomas Kendrick Key MeN all Martin Mason Mavity Miller Moate Phillips Price Riley Roper Rountree Salter Sharpe

THURSDAY, JANUARY 14, 1943

95

Sills Smith of Muscogee Turner Weaver Welsch

Wells of Telfair Wilbanks of Cherokee Wilson Yawn

PENITENTIARY

Chairman: Mavity Vice-Chairman: Harden Secretary: Baker
Adams Allison Bargeron Bennett Bowen Boynton Brewton Campbell of Newton Chance Curry Crummey Dalton Daves Fortson Fussell Goldberg Gray Greene of Schley Guerry Hardy Hart of Quitman Heard Hefner Hicks Hill of Troup Howard Johnson of Chattahoochee Joiner

Jones Looper McCracken McNall Mabry Martin Mason Maund Mims Minchew Mitchell Ogburn Peck Pirkle Price Rees Sharpe Sheppard Sills Smith of Carroll Smith of Oglethorpe Riddlespurger Thigpen Thompson Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Williams of Gwinnett Williams of Harris Willoughby Woodruff

Chairman: Deal Vice-Chairman: Maund Secretary: Burton
Battles Broome

PENSIONS
Caldwell Cheshire Cowart Dalton Dupree

96

JOURNAL OF THE HOUSE,

Graham Gray Greene of Schley Gholston Holley Hooks Howard Hurst Jones Livingston Looper Mcintosh Mason Nicholson of Oconee

Pruitt Riddlespurger Roughton Salter Smiley Smith of Carroll Smith of Oglethorpe Smith of Washington Sparks Strickland Warnock Welsch Willoughby

PRIVILEGES AND ELECTIONS

Chairman: Thigpen Vice-Chairman: Smith of Washington Secretary: Gaskins
Bargeron Bates Bennett Dyal Elliott Gavin Hart of Quitman

Hefner Hill of Clarke Hubert Joiner Mitchell Nicholson of Oconee Norman Oliver Porter

PRIVILEGES OF THE FLOOR

Chairman: Hogg Vice-Chairman: Hart of Thomas Secretary: Giddens
Adams Anderson Bowen Copland Dalton Fisher Greene of Schley Guyton

Hart of Quitman Hefner Johnson of Pike Livingston Parker Rowland Smith of Dougherty Wells of Telfair Williams of Coffee Yawn

PUBLIC HIGHWAYS NO. 1

Chairman: Rossee Vice-Chairman: Pettit Secretary: Crummey
Adams

Allison Alwood Bowen Bynum

THURSDAY, JANUARY 14, 1943

97

Cannon Cates Connel Dalton Daves Deal Durden Gardner Gavin Gholston Goldberg Gowen Grayson Graham Greene of Jones Guerry Hand Harden Hardy Hatchett Howard Jennings of Sumter Jennings of Terrell Joiner Johnson of Chattahoochee Jones Knabb Kelly of Thomas Kelly of Walker Kendrick Key Littlejohn Looper McCracken Mcintosh # Mabry

Martin Mason Mavity Miller Maund Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Ogburn Oliver Pirkle Porter Powell Price Ray Riley Roper Russell Salter Sheppard Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Washington Sumner Swint Thompson Warnock Waller Wells of Ben Hill Wilbanks of Cherokee Williams of Coffee Williams of Harris Wilson

PUBLIC HIGHWAYS NO. 2

Chairman: Drake Vice-Chairman: Rountree Secretary: Malone
Anderson Alexander Barfield Bargeron Bates

Bennett Boone Branch ;Brewton Bridges Brunson Burton Clark

98

JOURNAL OF THE HOUSE,

Culpepper Curry Dallis Dorsett Dukes Dunn Dupree Dyal Easler Edwards Elliott Fisher Fussell Gaskins Gaston Gilbert Gillis Hagan Hart of Quitman Hart of Thomas Hartness Hogg Holley Hooks Hurst Johns

Johnson of Pike Johnston of Worth Mankin Mims Moate Moore of Taliaferro Norman Odom Padgett Pannell Park Parker Peck Pruitt Riddlespurger Rowland Sharpe Smith of Oglethorpe Sparks Thigpen Thrash Wells of Telfair Welsch Woodruff Wright Yawn

PUBLIC LIBRARY

Chairman: Price Vice-Chairman: Overby Secretary: Hefner
Allison Bentley Campbell of Polk Fisher Gardner Gray Greene of Schley Hart of Quitman Hatchett Hightower

Mankin Mims Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Pettit Pruitt Roughton Smith of Carroll Strickland Wells of Telfair Whipple Wilbanks of Habersh:un

PUBLIC PRINTING

Chairman: Kelley of Thomas Vice-Chairman: Herndon Secretary: Warnock

Alexander Broome Cheshire

THURSDAY, JANUARY 14, 1943

99

Dyal Guyton Greene of Schley Hagan Knabb

Mills Padgett Roper Thigpen Wilbanks of Habersham

Chairman: Rountree Vice-Chairman: Bynum Secretary: Kendrick
Allison Caldwell Connell Curry Dorsey Durden Gowen Howard
Chairman: Connell Vice-Chairman: Reynolds Secretary: Thigpen
Adams Allison Baker Branch Broome Bynum Campbell of Newton Clarke Connell Cowart Culpepper Dorsey Durden Drake Elliott Ferguson Fortson Gaskins Gavin Gholston Goldberg Guerry Heard Hogg

PUBLIC PROPERTY
Kelly of Walker Key McCracken Miller Moate Moore of Taliaferro Phillips Sharpe Smith of Muscogee Wells of Ben Hill
PUBLIC UTILITIES
Jennings of Sumter Jennings of Terrell Kelly of Thomas Littlejohn Looper McCamy Mabry Mankin Martin Mason Mavity Miller Mims Mixon Moate Moore of Taliaferro Nicholson of Richmond Norman Peck Phillips Riddlespurger Russell Sharpe Sills Smith of Muscoggee Wilbanks of Habersham Williams of Gwinnett

100

JOURNAL OF THE HOUSE,

PUBLIC WELFARE

Chairman : Reid Vice-Chairman: Wells of Telfair Secretary: Wright
Adams Bargeron Bates Bentley Bowen Brewton Bridges Campbell of Newton Dalton Dunn Gholston Gilbert Gowen Grayson Guerry Ferguson Hartness Hightower Hill of Clarke Hill of Troup

Holley Hooks Hurst Kendrick Knabb Livingston McNall Minchew Mixon Overby Park Parker Riley Roughton Sharpe Smith of Muscogee Smith of Washington Sumner Thrash Weaver Whipple Willoughby Woodruff

RAILROADS

Chairman: Swint Vice-Chairman: Mabry Secretary: Hart of Quitman
Bates Cowart Dalton Foster Goldberg Greene of Schley Heard Herndon Hubert

Jennings of Terrell Johns McNall Norman Overby Russell Waller Wells of Ben Hill Welsch Wilbanks of Habersh;tn Williams of Gwinnett

RULES

Chairman : The Speaker Vice-Chairman: Durden Secretary: Hand
Allison Baker

Branch Burnside Caldwell Cates Clark

THURSDAY, JANUARY 14, 1943

101

Connell Curry Daves Dorsey Drake Ennis Fortson Foster Gavin Gowen Gillis Grayson Hagan Harden Hill of Clarke Kendrick

Key McCamy McCracken Mason Miller. Minchew Phillips Powell Roper Rossee Sills Smith of Muscogee Thomas Turner Weaver Wells of Ben Hill

SANITARIUM AT ALTO

Chairman: Sumner Vice-Chairman: Gholston Secretary: Wilbanks of Habersham
Alexander Bates Battles Bowen Brewton Burton Chance Dalton Daves Dorsett Dukes Easler Edwards Ferguson Giddens Gilbert Gray Guerry Hagan Hart of Thomas Hill of Clarke Hogg Hooks Johns Johnston of Worth

Joiner Jones Livingston McEntire Mcintosh Mabry Malone Mankin Medders Mills Moore of Baldwin Moore of Taliaferro Norman Odom Ogburn Oliver Padgett Parker Rees Reid Roper Roughton Rowland Russell Salter Smith of Oglethorpe Sparks Strickland

102

JOURNAL OF THE HOUSE,

Swint Thomas Thurmond Wells of Ben Hill

Wilbanks of Habersham Woodruff Yawn

SPECIAL APPROPRIATIONS

Chairman: Ennis Vice-Chairman: Rees Secretary: Padgett
Adams Bennett Bentley Boone Brunson Burton Dupree Dyal Edwards Etheridge Fisher Gaston Giddens Goldberg Hart of Quitman Hart of Thomas Hartness Hightower Johnson of Pike

Johnston of Worth Jones Malone Mankin Mixon Moore of Taliaferro Odom Oliver Overby Park Porter Price Riley Rowland Roughton Salter Sharpe Smith of Dougherty Smith of Washington Wells of Ben Hill Wilson Wright

SPECIAL JUDICIARY

Chairman: Mims Vice-Chairman: Bowen Secretary: Nicholson of Oconee
Alexander Broome Culpepper Daves Gholston Giddens Hagan Hartness Hicks

Hill of Clark Horne Kendrick Odom Pannell Riddles purger Smith of Muscogee Turner Wells of Telfair Wilson Whipple

THURSDAY, JANUARY 14, 1943

103

STATE PRISON FARM

Chairman: Oliver .Vice-Chairman: Williams of Harris Secretary: Looper
Alwood Anderson Bates Battles Bowen Burton Brewton

Jones McEntire Malone Medders Mills Mims Mixon Moate Nicholson of Oconee Norman

Bridges Broome Brunson

Overby Padgett Parker

Cowart Curry Dorsett

Porter Reid Riddlespurger

Easler

Roughton

Edwards

Sharpe

Ferguson

Smith of Dougherty

Fussell

Smith of Oglethorpe

Gavin Gray

Sumner Swint

Greene of Schley

Thompson

Hart of Thomas

Waller

Heard

Warnock

Holley

Wilbanks of Cherokee

Hooks

Williams of Coffee

Hogg

Woodruff

Howard

Yawn

Joiner

STATE OF REPUBLIC

Chairman: McCracken Vice-Chairman: Turner Secretary: Nicholson of Richmond
Allison Baker Branch Broome Burnside Campbell of Newton Cannon Cates Connell Crummey

Curry Daves Deal Drake Dunn Durden Etheridge Fortson Foster Gardner Gavin Gilbert Gillis

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JOURNAL OF THE HOUSE,

Gowen Graham Greene of Jones Grayson Hand Hagan Heard Hicks Horne Hurst Johnson of Chattahoochee Kelly of Walker Kendrick Key Mavity McCamy McNall

Minchew Mixon Moore of Taliaferro Peck Phillips Powell Reid Roper Rossee Smith of Dougherty Smith of Muscogee Smith of Washington Thurmond Wells of Ben Hill Welsch Williams of Harris Wilson

TEMPERANCE

Chairman: Kelly of Walker Vice-Chairman: Thomas Secretary: Peck
Alexander Baker Bargeron Brewton Cannon Connell Clark Copland Dorsey Drake Dunn Durden Ennis Ferguson Goldberg Gardner Gowen Grayson Greene of Jones Hand Hatchett

Holley Jones Key Kendrick Knabb Littlejohn McCamy McNall Miller Mixon Mims Nicholson of Richmond Phillips Rountree Salter Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Thrash Thurmond Turner Weaver Welsch Williams of Coffee

THURSDAY, JANUARY 14, 1943

105

TRAINING SCHOOLS

Chairman: Moore of Baldwin Vice-Chairman : Greene of Jones Secretary: Chance
Anderson Burnside Connell Cowart Campbell of Polk: DuPree Ennis Elliott Gaskins Gowen Guerry Hardy Hogg Holley Johnston of Worth

Johnson of Pike Mason Minchew Mankin Moate Mitchell Pettit Reid Reynolds Rossee Smith of Carroll Sumner Sparks Thrash Welsch Wells of Ben Hill Weaver

UNIVERSITY SYSTEM OF GEORGIA

Chairman: Fortson Vice-Chairman: Bates Secretary: Hagan
Alexander Bates Boynton Branch Brewton Broome Brunson Caldwell Connell Dallis Dalton Durden Ennis Fussell Gardner Gholston Gillis Gowen Grayson Guerry Hand

Hardy Heard Hicks Hightower Hill of Clarke Horne Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Kendrick Key McCamy
~IcCracken
Martin Maund Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Overby Pirkle Powell Price

106

JOURNAL OF THE HOUSE,

Pruitt Ray Reid Rossee Rountree Sheppard

Sills Smith of Carroll Sumner Swint Thrash Whipple

UNIFORM STATE LAWS

Chairman: Graham Vice-Chairman: Guyton Secretary: Hill of Clarke
Bates Burnside Copland Dupree Dyal Ferguson Gardner Gaston

Greene of Schley Hartness Hatchett Herndon Horne Mills Mims Odom Smith of Carroll Strickland Thigpen

WAYS AND MEANS

Chairman: Burnside Vice-Chairman: Grayson Secretary: Smith of Dougherty
Adams Alexander Baker Bargeron Bennett Brewton Broome Burton Bynum Caldwell Cannon Cheshire Clark Copland Cowart Crummey Culpepper Curry Dallis Dorsey Drake Dunn

Durden Edwards Elliott Gavin Gholston Gillis Goldberg Gowen Greene of Jones Guerry Hagan Hjltchett Hill of Clarke Hogg Holley Joiner Kendrick Key Littlejohn Looper Maund Mavity Medders Miller Mims

THURSDAY, JANUARY 14, 1943

107

.Moore of Baldwin Ogburn Pannell Peck Pettit Powell Pruitt Reynolds Roper Rowland

Salter Sumner Swint Thomas Turner Waller Wells of Ben Hill Williams of Gwinnett Wilson

WESTERN AND ATLANTIC RAILROAD

Chairman: Brewton Vice-Chairman: Martin Secretary: Sheppard
Anderson Baker Bowen Bargeron Boynton Cowart Crummey Curry Etheridge Foster Fussell Gray Hart of Quitman Hartness Heard Hefner Hicks Jennings of Terrell Jones Knabb Looper Martin .Maund

Mavity Medders .Mims Minchew Moore of Taliaferro Oliver Overby Peck Pirkle Porter Price Pruitt Ray Rountree Russell Smiley Smith of Washington Thigpen Thomas Thompson Warnock Wilbanks of Cherokee Williams of Gwinnett Willoughby Woodruff

108

JOURNAL OF THE HOUSE,

The speaker asked unanimous consent to correct omissions and errors in the standing committee assignments and the consent was granted.
By unanimous consent, the following bills of the House were introduced, read for the first time and referred to the Committees:

HB 66. By Messrs. Deal and Brunson of Bulloch, Turner, Hubert and Broome of DeKalb.
A bill to be entitled an act to fix the salary of the Comptroller General of Georgia, and for other purposes.
Referred to the Committee on State of Republic.

HB 67. By Messrs. Deal and Brunson of Bulloch, Turner, Hubert and Broome of DeKalb.
A bill to be entitled an act to fix the salary of the Deputy Insurance Commissioner of Georgia, and for other purposes.
Refrrred to the Committee on State of Republic.

The following message from the Governor was received and read :

Ellis Arnall Governor

Executive Department Atlanta

M. E. Thompson Executive Secretary

MR. PRESIDENT, MR. SPEAKER, AND MEMBERS OF THE GENERAL ASSEMBLY:

In compliance with the terms of S. R. No. 8, "A Resolution requesting that the Governor take the necessary steps to secure a return of the recent advance payment on the Tattnall Prison and reinstate the loan according to the original plan", it is my pleasure to advise the members of the House and Senate that I have dispatched to:

President Franklin D. Roosevelt Hon. Philip B. Fleming, Fedreal Works Administrator Senator Walter F. George Senator Richard B. Russell Congressman Hugh Peterson Congressman Eugene Cox Congressman Stephen Pace Congressman Sid Camp

THURSDAY, JANUARY 14, 1943

109

Congressman Carl Vinson
Congressman John Gibson
Congressman Robert Ramspeclc
Congressman M. C. Tarver
Congressman Frank: Whelchel
Congressman Paul Brown
a telegraphic message advising of the action of the General Assembly and urging that a return of the recent advance payment on the Tattnall Prison be made to the State of Georgia, and that the loan be reinstated according to the original terms which were ;~dvantageous to the State.
Respectfully submitted,
Ellis Arnall, Governor of Georgia.
Mr. Durden of Dougherty moved the House do now adjourn and the motion prevailed.
Leaves of absence were granted Messrs. Hightower of Spalding, Connell of Lowndes, Sills of Candler, Porter of Gordon, Hill of Troup, Sharpe of Toombs, Burton of Lee, Gilbert of Glynn, Weaver of Bibb, Hefner of Piclcens, Medders of Bacon. Mills and Battles of Decatur and Riddlespurger of Colquitt.
The speaker announced the House adjourned until tomorrow morning at 11 :00 o'clock.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Friday, January 15, 1943.

The House met pursuant to adjournment this day at 11 o'clock, a. m., was called to order by the speaker and opened with a prayer by the chaplain.

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

Adams Alexander Allison Alwood Anderson Baker Bates Barfield Bennett Bentley Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett

Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas

Hartness Hatchett Heard Herndon Hicks Hill of Clarke Hogg Holley Hooks Horne Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity Maund McCamy McCracken

FRIDAY, JANUARY 15, 1943

111

McEntire Mcintosh McNall Miller Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Overby Padgett Pannell Park Parker Peck Pettit Phillips Pirkle

Powell Price Pruitt Ray Rees Reid Reynolds Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sheppard Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner

Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Welsch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff 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 order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions. The following resolutions of the House were read and adopted.

HR 22. By Mr. Johnson of Pike:
A RESOLUTION
Whereas, The Fulton County Delegation, the DeKalb County Delegation, the Atlanta Chamber of Commerce, and the DeKalb County Commission of Agriculture and Commerce,

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JOURNAL OF THE HOUSE,

Did so bountifully and graciously entertain the members of the General Assembly and State Officials at a banquet given in their honor Thursday night, January 14, Be it resolved that;
We, the House of Representatives, do extend our wholehearted thanks to everyone who in any way took any part, or contributed in any way to this delightful occasion;
And a copy of this resolution be conveyed to these organizations who had any part in this entertainment.
HR 23. By Mr. Nicholson of Richmond:
A RESOLUTION
Be it resolved by the House, the Senate concurring, that a committee of five be named, two from the Senate and three from the House, to notify His Excellency, The Governor, that the General Assembly has completed its business at its organization session and stands ready to adjourn sine die at 12:00 o'clock noon today.
Under the provisions 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. Willoughby of Clinch, Cheshire of Colquitt, and Knabb of Charlton.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time, and referred to the committees:

HB 68. By Mr. Mixon of Irwin:
A bill to be entitled an act to provide for the regulation by the Georgia public service commission of the installations, containers and equipment used in the installation, storage, handling, transportation, dispensing and utilization of liquefied petroleum gases, and for other purposes.
Referred to the Committee on State of Republic.
HB 69. By Mr. Harris of Richmond:
A bill to be entitled an act to provide that persons or corporations constructing and operating grist mills and/or flour mills for toll shall have the right of eminent domain, and for other purposes.
Referred to the Committee on State of Republic.
HB 70. By Mr. Looper of Dawson:
A bill to be entitled an act providing for courses in bookkeeping, shorthand

FRIDAY, JANUARY 15, 1943

113

and typing in the last two years of high schools of the state, and for the employment of teachers qualified to teach such subjects, and for other purposes.
Referred to the Committee on Education No. 2.

HB 71. By Mr. Strickland of Haralson:
A bill to be entitled an act to amend chapter 32-25 of the code of Georgia vesting power in county boards of education to carry on schools for instructing adult illiterates, and for other purposes.
Referred to the Committee on Education No. 2.
HB 72. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend section 92-5510 of the code oj. 1933 by striking the words "From the time the bonds are executed" and substitutin~ in lieu thereof the words "From the time of the issuance of an execution or other legal process as provided by law and the recordation thereof in the General Execution Docket of the county in which such property might be situate", and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 73. By Mr. Strickland of Haralson:
A bill to be entitled an act to amend section 32-1006 of the code of 1933 by providing the county board of education may authorize county superintendent of schools to employ clerical and office help, and for other purposes.
Referred to the Committee on Education No. 2.

HR 20-73A. By Mr. Etheridge of Fulton: A resolution to appropriate funds to pay the American Coolair Corporatio1 for goods sold the State of Georgia, and for ther purposes. Referred to the Committee on Special Appropriations.
HR 21-75A. By Mr. Etheridge of Fulton:
A resolution to appropriate the sum of $477.76 to pay the John B. Stetson
Company for goods sold to the State, and for other purposes. Referred to the Committee on Special Appropriations.
HB 74. By Mr. Etheridge of Fulton: A bill to be entitled an act to provide that the jury shall pass only on the guilt or innocence of the accused in all criminal trials; that the judge shall

114

JOURNAL OF THE HOUSE,

fix sentence in case of conviction after investigation, and for other purposes. Referred to the Committee on General Judiciary No. 1.
HB 75. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend section 79-501 of the code of 1933 to require the persons desiring to change their names through the courts shall advertise the same in the official organ of the county, and for other purposes.
Referred to the Committee on General Judiciary No. 1.
HB 76. By Mr. Park of Greene:
A bill to be entitled an act to require the state highway commiSSIOn of Georgia to give county commissioners and other public officials having county business in their control the right to file bids for grading, top soiling, paving and maintaining any public road in their counties, and for other purposes.
Referred to the Committee on Public Highways No. 1.

HB 77. By Mr. Park of Greene:
A bill to be entitled an act to require the highway commission of Georgia to pave all public roads under their jurisdiction twenty-four feet wide, and to add additional pavement to roads already paved to make them twenty four feet wide, and for other purposes.
Referred to the Committee on Public Highways No. 2.

HB 78. By Mr. Park of Gret>ne:
A bill to be entitled an act to require the highway commission of Georgi'! to improve and pave in every county in Georgia as early as practicable what is known as "market roads," and for other purposes.
Referred to the Committee on Public Highways No. 2.

HB 79. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act approved July 22, 1929 (Ga. Laws 1929 P. 225), as amended August 27, 1931 (Ga. Laws 1933, P. 134) by making said Act apply to all counties having a population of not less than 200,000 by the last or any future census, and for other purposes.
Referred to the Committee on Counties and County Matters.
Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

FRIDAY, JANUARY 15, 1943

115

Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and
ready for" transmission to the Senate the following resolution of the House to wit: HR 23 Respectfully submitted,
Branch of Tift, Chairman.
The speaker asked unanimous consent that the House recess subject to the call of the chair and the consent was granted.
The speaker called the House to order.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House to wit:

HR 23. By Mr. Nicholson of Richmond:
A resolution by the House, the Senate concurring, that a committee of five be named, two from the Senate and three from the House, to notify His Excellency, the Governor, that the General Assembly has completed it's business at it's organization session and stands ready to adjourn sine die at 12:00 o'clock noon today.
The president has appointed as a committee on the part of the Senate, the following members of the Senate to wit:
Senators: Whitworth of the 30th Estes of the 35th

The following message was received from His Excellency, the Governor, read and ordered filed:

116

JOURNAL OF THE HOUSE,

Ellis Arnall Governor

Executive Department Atlanta
January 15, 1943

M. E. Thompson Executive Secretary

MR. SPEAKER AND MEMBERS OF THE HOUSE OF REPRESENTATIVES:
I desire to commend your body and the General Assembly for the expeditious manner in which the organization session has gone forward to conclusion. I, as your Governor, am delighted that the membership of the General Assembly is committed to a policy of practicing economy as well as preaching economy. Georgia is most fortunate in having such a fine group of legislators comprising this branch of State Government.

There is no special matter in addition to those already brought to your attention which I desire to submit to the Assembly during this organization session.

Congratulations from your Chief Executive and sincere best wishes for a most harmonious regular session-a session dedicated to rendering real service to our State and our people!
Respectfully submitted,

ea/gc

Ellis Arnall, Governor.

Mr. Herndon of Hart asked unanimous consent to authorize the clerk to correct the roll call vote in the election of clerk, as recorded in the journal of the first day'r proceedings, to show him as voting for Mr. McCutchen in lieu of Mr. Boone, as he voted for l\1r. McCutchen and desired to be so recorded. The consent was granted.

Mr. Waller of Whitfield asked unanimous consent to authorize the clerk ~ll correct the roll call vote in the election of clerk, as recorded in the journal of the first day's proceedings, to show him as voting for Mr. McCutchen, as he voted for Mr. McCutchen and desired to be so recorded. The consent was granted.

Mr. Turner of DeKalb asked unanimous consent to authorize the clerk to correct the roll call vote in the election of clerk, as recorded in the journal of the first day's proceedings, to show him as voting for Mr. McCutchen, as he voted for Mr. McCutchen and desired to be so recorded. The consent was granted.

Leaves of absence were granted Messrs. Foster of Paulding and Brewton of Evans.

The speaker announced the House adjourned sine die.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
State of Georgia
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Monday, January 18, 1943
1943

118

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Monday, January 18, 1943.

Pursuant to a resolution adopted by the House and Senate and approved by the Governor, the House of Representatives convened in regular session this day at 10:00 o'clock, a. m., and was called to order by the speaker and opened with a prayer by the chaplain.

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

Adams Alexander Allison Alwood Baker Battles Barfield Bargeron Bennett Bentley Bowen Boynton Branch Bridges Broome Brunson Burnside Burton Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett

Dorsey Drake Dunn DuPree Durden Dyal Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Hagan
Hand Harden Hardy Hart of Quitman Hart of Thomas

Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity Maund McCamy McCracken

MONDAY, JANUARY 18, 1943

119

McEntire Mcintosh McNall Miller Mills Mims Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Oliver Overby Park Parker Peck Pettit Phillips Pirkle

Porter Powell Price Pruitt Ray Reid Reynolds Riddlespurger Riley Roper Rossee Rountree Rowland Russell Salter Sheppard Sills Smiley Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Sparks Strickland Sumner

Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welsch Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn Mr. Speaker

Mr. Etheridge of Fulton, vice-chairman of the Committee on Journals, reported that the journal of Friday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of husine~s during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First readings and reference of House hills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported.

The following resolutions of the House were read and adopted:

HR 24. By Mr. Durden of Dougherty:

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JOURNAL OF THE HOUSE,

A RESOLUTION
Be it resolved by the House that the clerk be instructed to notify the Senate that the House is convened in the regular sixty day session and is ready for th transaction of business.

HR 25. By Mr. Durden of Dougherty:

A RESOLUTION
Be it resolved by the House, the Senate concurring, that a committee of five be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.
The speaker appointed as a committee on the part of the House the following members of the House to wit:
Messrs. Cates of Burke Hogg of Marion, and Cannon of Rockdale.
Representative Elect A. G. Oliver of Tattnall came forward to the bar of the House and was administered the oath of office by Justice Duckworth of the Georgia supreme court.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:

HB 80. By Messrs. Alexander, Grayson and McNall of Chatham:
A bill to be entitled an act to amend the charter of the city of Savannah by repealing section 10, of Act of February 28th, 1939. (Ga. Laws 1939, pp. 1293-1296) and to create a budget commission, and for other purposes.
Referred to Committee on Municipal Government.
HB 81. By Mr. Park of Greene:
A bill to be entitled an act to amend section 70-202 of code of 1933, to provide that the trial judge must grant new trials by substituting the word "must" for the word "may" in line 4 of said section, and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 82. By Messrs. Mabry and Jennings of Sumter:
A bill to be entitled an act to amend section 25-313 of code of 1933, to reduce interest rate chargeable by persons operating under the small loan law, and for other purposes.

MONDAY, JANUARY 18, 1943

121

Referred to Committee on General Judiciary No. 1.

HB 83. By Mr. Mabry of Sumter:
A bill to be entitled an act to provide that all persons and companies operating pipe lines in this state shall make tax returns to the comptroller general, and for other purposes.
Referred to Committee on Ways and Means.
HB 84. By Messrs. Mabry and Jennings of Sumter.
A bill to he entitled an act found in Georgia Laws of 1937, p. 1422, relating to candidates for the General Assembly in Sumter county, and for other purposes.
Referred to Committee on Privileges and Elections.

HR 26-84A. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:

A resolution proposing an amendment to article 6, section 3, paragraph 1,

of the constitution providing for judges in the Atlanta judicial circuit to be

elected for a term of six years, and for other purposes.



Referred to Committee on Amendments to Constitution No. 2.

HB 85. By Messrs. Mims of Miller imd Drake of Seminole:
A bill to be entitled an a!it to abolish the poll tax in Georgia, and for other purposes.
Referred to Committee on Ways and Means.

Mr. Barfield of Bibb asked unanimous consent that the following bill of the House be recommitted from the Committee on General Judiciary No. 1 to General Judiciary No. 2, and the consent was granted:

HB 35. By Mr. Barfield of Bibb:
A bill to be entitled an act to amend section 31 of the land registration act so as to provide that the owner of registered land may transfer to himself separate parcels without freeing said parcels from further registration; and for other purposes.
Referred to Committee on General Judiciary No. 2.
Mr. Gowen of Glynn County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Appropriations have had under consideration the following

122

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 recommendations:

HB 46. Do Pass.

Respectfully submitted,

Gowen of Glynn, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following resolutions of the House to wit:

HR 24.
HR 25.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. McCracken of Jefferson 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 resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 12-16-A. Do Pass.

HB 7. Do Pass.

HB 9. Do Pass.

HB 17. Do Pass.

HB 40. Do Pass.

HB 66. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman.
Mr. Fortson of Wilkes County, Chairman of the Committee on University System of Georgia, submitted the following report:

MONDAY, JANUARY 18, 1943

123

Mr. Speaker: 1
Your Committee on University System of Georgia have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB l. Do Pass.

Respectfully submitted,
Fortson of Wilkes, Chairman.

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

HB l. By Messrs. Fortson of Wilkes, Burnside of McDuffie, Grayson of Chatham, Gowen of Glynn, Hand of Mitchell, Durden of Dougherty, McNall of Chatham, Mims of Miller, Key of Jasper, McCracken of Jefferson, Price of Clarke, Branch of Tift, Etheridge of fulton, Drake of Seminole, Clark of Catoosa, Bargeron of Burke, Caldwell of Troup, Dalton of Banks, Dorsett of Douglas, Smith of Oglethorpe, Bynum of Rabun, Dunn of Lamar, Strickland of Haralson, Cheshire of Colquitt, Burton of Lee, Bates of Ware, Hill of Clarke, Phillips of Columbia, Allison of Gwinnett, Connell of Lowndes, Smith of Muscogee, Hatchett of Meriwether, Hightower of Spalding, Kelley of Walker, Hart of Quitman, Hefner of Pickens, Wilbanks of Habersham, Riddlespurger of Colquitt, Maund of Talbot, Ray of Warren, McEntire of Franklin, Moore of Taliaferro, Mavity of Walker, Thomas of Chattooga, McCamy of Whitfield, Peck of Dade, Brewton of Evans, Rountree of Emanuel, Graham of Brooks, Heard of Elbert, Gillis of Treutlen, Rossee of Putnam, Crummey of Wilcox, Smith of Dougherty, and Hagan of Screven:
A hill to be entitled an act to reorganize the University System of Georgia; and for other purposes.

HB 7. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, MeNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Hand of Mitchell, Gowen of Glynn, Hurst anad Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, and Hagan of Screven:
A bill to be entitled an act to repeal an act providing for the suspension of the state treasurer and comptroller general; and for other purposes.

HB 9. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, McNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Hand of Mitchell, Gowen of

124

JOURNAL OF THE HOUSE,

Glynn, Hurst and Goldberg of Coweta, Macon of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, and Hagan of Screven:
A bill to be entitled an act to remove the Governor as a member of certain boards and agencies; and for other purposes.

HB 17. By Messrs. McCracken of Jefferson, Turner of DeKalb, Harris of Richmond, Hand of Mitchell, Clark of Catoosa, Etheridge of Fulton, Daves of Dooly, and Gillis of Treutlen:
A bill to be entitled an act to amend the act fixing the salary of the state treasurer; and for other purposes.

HB 40. By Messrs. McCracken of Jefferson, Durden and Smith of Dougherty, Gardner and Hand of Mitchell, Hagan of Screven, and Bargeron of Burke:
A bill to be entitled an act to fix the salary of the secretary of state; and for other purposes.

HB 66. By Messrs. Deal and Brunson of Bulloch, Turner, Hubert and Broome of DeKalb:
A bill to be entitled an act to fix the salary of the comptroller general of the State of Georgia; and for other purposes.

HR 12-16A. By Messrs. Grayson of Chatham, Nicholson and Holley of Richmond, Smith of Muscogee, and Hagan of Screven:
A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of the war; and for other purposes.

The following message was received from the Senate through Mr. Nevin, the secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the Senate to wit:

SR 17. By Senator Atkinson of the 1st:
Be it resolved by the Senate that the secretary be instructed to notify the House that the Senate has convened for the regular session aand is ready for the transaction of business.

SR 18. By Senator Atkinson of the 1st: Be it resolved by the Senate, the House concurring, that a committee of

MONDAY, JANUARY 18, 1943

125

five be appointed, two from the Senate, and three from the House, by the president of the Senate and the speaker of the House, to notify the Governor that the General Assembly has convened for the regular session and is ready for the transaction of business.
The president has appointed as a committee on the part of the Senate the following members of the Senate to wit:
Senators Newton of the 47th Hall of the 50th
The following resolution was read and adopted:

HR 27. By Mr. Hardy of Jackson:
That the office of petroleum administration for war be urged to reconsider the allotments made to the State of Georgia of kerosene for domestic use and farm tractor fuels.
Mr. Durden of Dougherty moved that the House do now adjourn and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

126

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, January 19, 1943.

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 a prayer by the chaplain.

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

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton

Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy

Hart of Quitman Hart of Thomas Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity Maund McCamy

TUESDAY, JANUARY 29, 1943

127

McCracken McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman
Odom Ogburn Oliver Overby Padgett Pannell Park Parker Peck Pettit Phillips

Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks

Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn Mr. Speaker

Mr. Etheridge of Fulton, vice-chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First readings and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:

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JOURNAL OF THE HOUSE,

HB 86. By Messrs. Grayson of Chatham, McCracken of Jefferson, Foster of Paulding, Thurmond of Hall, Key of Jasper, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, and Gowen of Glynn:
A bill to be entitled an act to provide for the election of the state auditor by the General Assembly; and for other purposes.
Referred to Committee on State of Republic.

HB 87. By Mr. Woodruff of Barrow: A bill to be entitled an act to prohibit the sale of horse and dog meat for human consumption in the State of Georgia; and for other purposes.
Referred to Committee on General Agriculture No. 1.

HB 88. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to provide that candidates for the General Assembly from Clarke county shall name their incumbent opponents; and for other purposes.
Referred to Committee on Privileges and Elections.

HB 89. By Messrs. Weaver of Bibb, Culpepper of Fayette and Gowen of Glynn: A bill to be entitled an act to amend an act approved March 31, 1937, (Ga. Laws, 1937, pp. 760-761) so as to exclude therefrom certain mortgages and other instruments relating to property owned by or sold or leased to any railroad; and for other purposes.
Referred to Committee on General Judiciary No. L

HB 90. By Messrs. Hill and Price of Clarke: A bill to be entitled an act to amend the charter of the City of Athens, so as to provide an employee pension fund; and for other purposes.
Referred to Committee on Municipal Government.

HB 91. By Mr. Sheppard of Heard:
A bill to be entitled an act to provide that members of county boards of education may be paid a per diem not to exceed $5.00 for each day's actual service; and for other purposes.
Referred to Committee on Education No. 2.

HB 92. By Mr. Mcintosh of Mcintosh:
A bill to be entitled to an act to amend the acts relating to the city court of Darien, so as to provide that the judge and solicitor thereof shall be

TUESDAY, JANUARY 29, 1943

129

elected by the voters of Mcintosh county; and for other purposes. Referred to Committee on Special Judiciary.

HB 93. By :Messrs. Burnside of McDuffie and Rountree of Emanuel:
A hill to be entitled to an act to provide the manner in which justices of the peace and constables shall be compensated in criminal cases; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 94. By Messrs. Burnside of McDuffie and Rountree of Emanuel: A bill to be entitled an act to provide the furnishing of blank forms for process and service to justices of peace and constables; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 95. By ::\1essrs. Dorsey and Welsch of Cobb: A bill to be entitled to an act to create a Cobb County Planning Commission and Zoning Ordinances for Cobb county; and for other purposes.
Referred to Committee on Counties and and County Matters.
HB 96. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend an act approved August 7, 1924, Georgia Laws 1924, page 314, et seq., so as to fix the salary of county commissioner and clerk, and to give said commissioner charge and supervision of the construction and operation of airports, waterworks systems and other utilities in Cobb county; and for other purposes.
Referred to Committee on Counties and and County Matters.
RESOLUTIONS
HR 28-96A. By Messrs. Dorsey and Welsch of Cobb:
A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution of Georgia so as to authorize Cobb county to issue funding bonds; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HB 97. By Mr. Hand of Mitchell:
A bill to be entitled an act to authorize the City of Pelham to pass zoning and planning laws; and for other purposes.
Referred to Committee on Municipal Government.

130

JOURNAL OF THE HOUSE,

Mr. Foster of Paulding County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:

Mr. Speaker:

Your Committee on Amendments to Constitution No. 1 have had under consideration the following bills and resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 2. Do Pass.

HB 4. Do Pass.

HR 14-16C. Do Pass.

Respectfully submitted, Foster of Paulding, Chairman.

Mr. Hatchett of Meriwether County, Chairman of the Committee on Educ:~ tion No.2, submitted the following report:

Mr. Speaker:

Your Committee on Education No. 2 have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 3. Do Pass.

HB 71. Do Pass.

HB 73. Do Pass.

Respectfully submitted,

Hatchett of Meriwether, Chairman.

Mr. Thurmond of Hall County, Chairman of the Committee on Military Aftairs, submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 13. Do Pass by substitute.
Respectfully submitted, Thurmond of Hall, Chairman.

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131

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

HB 2. By Messrs. Foster of Paulding, Gowen of Glynn, McNall and Grayson of Chatham, Durden of Dougherty, Phillips of Columbia, Thurmond of Hall, Hand of Mitchell, McCracken of Jefferson, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, Holley of Richmond, Hagan of Screven, and Nicholson of Richmond:
A bill to be entitled an act to amend article 8, section 6, of the constitution so as to provide for a Board of Regents; and for other purposes.

HB 3. By Messrs. Hatchett of Meriwether, Key of Jasper, Durden of Dougherty, Gowen of Glynn, Connell of Lowndes, MeN all and Grayson of Chatham, Burnside of McDuffie, McCracken of Jefferson, Thurmond of Hall, Phillips of Columbia, Foster of Paulding, Mims of Miller, Drake of Seminole, Nicholson and Holley of Richmond, Crummey of Wilcox, Smith of Muscogee, and Hagan of Screven:
A bill to be entitled an act to reorganize the state board of education; and for other purposes.

HB 4.

By Messrs. Foster of Paulding, Gowen of Glynn, Grayson and McNall of Chatham, Durden of Dougherty, Key of Jasper, Phillips of Columbia, Hand of Mitchell, McCracken of Jefferson, Mims of Miller, Drake of Seminole, Holley and Nicholson of Richmond, Crummey of Wilcox, Smith of Muscogee, and Hagan of Screven:

A bill to be entitled an act to amend article 8, section 2 of the constitution so as to provide for a state board of education; and for other purposes.

HB 13. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, Connell of Lowndes, Burnside of McDuffie, Grayson and MeNall of Chatham, Durden of Dougherty, Gowen of Glynn, Fortson of Wilkes, Etheridge of Fulton, Foster of Paulding, Hand of Mitchell, Hurst and Goldberg of Coweta, Cheshire of Colquitt, Mason of Morgan, Mims of Miller, Drake of Seminole, Nicholson and Holley of Richmond, Crummey of Wilcox, Smith of Muscogee, and Hagan of Screven:
A bill to be entitled an act to provide for the qualifications of the adjutant general of the State of Georgia; and for other purposes.

HB 71. By Mr. Strickland of Haralson:
A bill to be entitled an act to amend chapter 32-25 of the code of Georgia so as to provide for the carrying on schools for the instruction of adult illiterates; and for other purposes.

HB 73. By Mr. Strickland of Haralson:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend section 32-1006 of the 1933 code by providing that county school superintendents may employ clerical help; and for other purposes.

HR 14-16C. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken pf Jefferson, Grayson of Chatham, Hagan of Screven, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, and Nicholson and Holley of Richmond:
A resolution proposing an amendment to article 5, section 4 of the constitution so as to provide for the creation of a game and fish commission; and for other purposes.
Under the regular order of business the following bills were taken up for consideration, read the third time and placed upon their passage:

HB 7. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, McNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Hand of Mitchell, Cowen of Glynn, Hurst and Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putman, and Hagan of Screven:
A bill to be entitled an act to repeal an act entitled an act to provide for the suspension of the state treasurer and the comptroller general; and for other purposes.
By unanimous consent, HB 7 wa~ tabled.
HB 9. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, McNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Hand of Mitchell, Cowen of Glynn, Hurst and Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Hagan of Screven, Gillis of Treutlen, and Crummey of Wilcox:
A bill to be entitled an act to democratize the administration of certain boards, departments and authorities of the state governments by removing the Governor as a member; and for other purposes.
By unanimous consent HB 9 was tabled.
The following resolution of the House was read and adopted:

HR 29. By Messrs. Minchew of Atkinson, Thrash and Williams of Coffee and Miller of Lanier:
A resolution that the members of the House of Representatives extend

TUESDAY, JANUARY 29, 1943

133

their deepest sympathy to the family of Ensign David Ashley Morris, late of Atkinson county.
The speaker presented Mr. Carlyle Fraser, president of the Atlanta Chamber of Commerce, to the House. Mr. Fraser addressed the House briefly.
The following resolution of the House was read and adopted:

HR 30. By Mr. Easler of Crawford:
A resolution to memorialize Congress to enact the income tax plan of the Honorable Walter F. George and known as the George Plan.
Under the regular order of business the following bill and resolution were taken up for consideration, read the third time and placed upon their passage:

HR 12-16A. By Messrs. Grayson of Chatham, Nicholson and Holley of Richmond, Smith of Muscogee, and Hagan of Screven:
A resolution committing the state government to a policy of complete cooperation with the President of the United States and the national government in the prosecution of war; 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 134, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

HB L

By :Ylessrs. Fortson of Wilkes, Burnside of McDuffie, Grayson and McNall of Chatham, Mims of Miller, Key of Jasper, McCracken of Jefferson, Price of Clarke, Branch of Tift, Etheridge of Fulton, Drake of Seminole, Clark of Catoosa, Bargeron of Burke, Caldwell of Troup, Dalton of Banks, Dorsett of Douglas, Smith of Oglethorpe, Bynum of Rabun, Dunn of Lamar, Strickland of Haralson, Cheshire of Colquitt, Burton of Lee., Bates of Ware, Hill of Clarke, Phillips of Columbia, Allison of Gwinnett, Connell of Lowndes, Smith of Muscogee, Hatchett of Meriwether, Hightower of Spalding, Kelly of Walker, Hart of Quitman, Hefner of Pickens, Wilbanks of Habersham, Riddlespurger of Colquitt, Maund of Talbot, Ray of Warren, Mcintire of Franklin, Moore of Taliaferro, Mavity of Walker, Thomas of Chattooga, McCamy of Whitfield, Peck of Dade, Brewton of Evans, Rountree of Emanuel, Graham of Brooks, Heard of Elbert, Gillis of Treutlen, Rossee of Putnam, Crummey of Wilcox, Smith of Dougherty, and Hagan of Screven:

A bill to be entitled an act to reorganize the Board of Regents of the University System of Georgia; and for other purposes.

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

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JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 145, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the call of the Chairman of the Committee on Appropriations, the fol lowing bill of the House was taken up for consideration, read the third time, and placed upon its passage:

HB 46. By Messrs. Gowen of Glynn, Grayson of Chatham, Durden of Dougherty, Burnside of McDuffie, Connell of Lowndes, MeNall of Chatham, Key of Jasper, Phillips of Columbia, Thurmond of Hall, Hand of Mitchell, M(.Cracken of Jefferson, Caldwell of Troup, Fortson of Wilkes, Hurst and Goldberg of Coweta, and Allison of Gwinnett:
A bill to be entitled an act to make appropriations for the operation of the state government for the period January I, 1943, to June 30, 1943; and for other purposes.

Mr. Grayson of Chatham moved that this bill be considered section by section, paragraph by paragraph, and that it not be read in its entirety either in the House or in the Committee of the Whole House and the motion prevailed.

The House was resolved into a Committee of the Whole House for consideration of HB 46, with instructions that the bill be acted on paragraph by paragraph and section by section, and the speaker designated Mr. Grayson of Chatham as chairman thereof.

The Committee of the Whole House arose and through its chairman reported HB 46 back to the House with the recommendation that the same do pass.

Mr. Durden of Dougherty moved the previous question, the motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison Alwood Baker Battles Barfield Bargeron Bennett Bentley

Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton

Bynum Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart

Culpepper Curry Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Graham Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hatchett Heard Hefner Herndon

TUESDAY, JANUARY 29, 1943

135

Hicks

Norman

Hightower

Odom

Hill of Clarke

Ogburn

Hill of Troup

Oliver

Hogg

Overby

Holley

Padgett

Hooks

Pannell

Horne

Park

Hubert

Parker

Hurst

Peck

Jennings of Sumter

Pettit

Jennings of Terrell

Phillips

Joiner

Pirkle

Johnson of Chattahoochee Porter

Johnston

Powell

Jones

Price

Kelly of Thomas

Pruitt

Kelly of Walker

Ray

Kendrick

Reid

Key

Reynolds

Knabb

Riddlespurger

Littlejohn

Riley

Livingston

Roper

Looper

Rossee

Malone

Roughton

Mankin

Russell

Martin

Salter

Mason

Sheppard

Mavity

Sills

Maund

Smiley

McCamy

Smith of Carroll

McCracken

Smith of Dougherty

McEntire

Smith of Muscogee

Mcintosh

Smith of Oglethorpe

McNall

Smith of Washington

Medders

Sparks

Mills

Strickland

Mims

Swint

Minchew

Thigpen

Mitchell

Thomas

Mixon

Thompson

Moate

Thrash

Moore of Baldwin

Thurmond

Moore of Taliaferro

Turner

Nicholson of Oconee

Turner

Nicholson of Richmond Waller

136

JOURNAL OF THE HOUSE,

Warnock Weaver Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Habersham

Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff

Wilson Woodruff Wright Yawn

Those not voting were :

Anderson Bates Caldwell Campbell of Newton Crummey Dallis Dyal Ennis

Gowen Gray Hartness Howard Johns Johnson of Pike Mabry Miller

Rees Rountree Rowland Sharpe Sumner Welsch Wilbanks of Cherokee

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

On the passage of the bill, the ayes were 180, the nays 0.

The bill having received the requisite constitutional majority was passed.

The following message was received from the Senate through ~Ir. Nevin, the secretary thereof:

Mr. Speaker:

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

SB 3. By Senators Eubank of the 29th, Harrison of the 17th, Gross of the 31st, and others:
A bill to reorganize the state board of education by abolishing the present board and by providing for a new board; to provide for the membership; and for other purposes.

By Senators Pope of the 7th, Harrison of the 17th, Gross of the 31st, and others: A bill to be entitled an act to propose to the qualified electors for ratification or rejection an amendment of article VIII, section II of the constitution of the State of Georgia providing for membership, appointment, qualification, term of office, etc., relative to the state board of education; and for other purposes.
Under the regular order of business, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 17. By Messrs. McCracken of Jefferson, Turner of DeKalb, Harris of Rich-

TUESDAY, JANUARY 29, 1943

137

mond, Hand of Mitchell, Durden of Dougherty, Clark of Catoosa, Etheridge of Fulton, Daves of Dooly, and Gillis of Truetlen:
A bill to be entitled an act to fix the salary of the state treasurer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 145, the nays 1.
The bill having received the requisite constitutional majority was passed.

HB 40. By Messrs. McCracken of Jefferson, Durden and Smith of Dougherty, Gardner and Hand of l\tiitchell, Hagan of Screven, and Bargeron of Burke:
A bill to be entitled an act to fix the salary of the secretary of 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 132, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 66. By Messrs. Deal and Brunson of Bulloch, Turner, Hubert and Broome of DeKalb:
A bill to be entitled an act to fix the salary of the comptroller general of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 133, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Durden of Dougherty, moved that the House do now adjourn, and the motion prevailed.
The following communications were received and read:
Claude H. Peacock, Director:

138

JOURNAL OF THE HOUSE,

State of Georgia Veterans Service Office
State Capitol Atlanta
Honorable Roy V. Harris, Speaker, House of Representatives, General Assembly of Georgia, State Capitol, Atlanta, Georgia.

January 14, 1943.

My dear Mr. Harris:

The writer respectfully requests that you announce to the Members of th!s House that the State Veterans Service Office has placed on the desks of certain members bound volumes of the service records of those veterans who entered the armed forces of the United States in 1917 and 1918, from their County, with the request that these gentlemen deliver these records to the Clerk of the Superior Court of their respective Counties. '

Records for certain Counties have already been delivered by the Field Repr~- sentatives of the State Veterans Service Office, either to the Clerk of the Superior Court or to the American Legion Post in the County for delivery to the Clerk of the Superior Court.

These records, we submit, with humility and pride as a token to those we love and service.
Sincerely yours,

chp:j

Claude H. Peacock, Director, Veterans Service Office, State of Georgia.

Mr. Speaker and Members of the House:
In case any of you gentlemen wonder where last session's messenger is, I am i1 the army and so is Pat Avery the messenger before me.
Gentlemen, I sure would like to be there with you this session, but right now I am engaged in a war, although I am not overseas I soon will be I think. My heart is with you gentlemen and I wish for you a happy and harmonious session this year.
I am the sergeant in charge of motor transportation and the men that are working under me are three Spaniards, one Mexican, one Englishman, one Italian and a score of Yankees, so if my good southern drawl is ruined when I return to Georgia I hope you will bear with me until I get it back. I have also gained thirty-five pounds

TUESDAY, JANUARY 29, 1943

139

since I have been in the service. I always thought that officeholders were the only people who got fat.
Well, gentlemen, again I want to say that I am missing you very much and I wish for you the best this year and the years to come. I will be back with you in dear old Georgia when the lights go on again all over the world, so until then good luck and God bless you all.
S/Sgt. Woodrow W. Tucker, 128th Obsn. Sqdn., Army Air Base, New Orleans, La.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House to wit:

HR 12.

HR 27.

HB 1. HB 46.

Respectfully submitted,

Branch of Tift, Chairman.

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

140

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, January 20, 1943.

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 a prayer by the chaplain.

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

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton

Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand

Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin

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141

Mason Mavity Maund McCamy McCracken McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Oliver Overby Padgett Pannell Park Parker

Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of M uscogee Smith of Oglethorpe

Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn Mr. Speaker

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

Mr. Speaker:

The Senate has passed by the requiSite constitutional majority the followin6 hills and resolutions of the Senate and House to wit:

SR 26. By Senators Pope of the 7th, Clements of the 9th, Boyett of the 11th, Simmons of the 8th and Ansley of the lOth:
A resolution designating January 23 to 31 as Peanut Week in Georgia.

HR 27. By Mr. Hardy of Jackson:
A resolution that the office of petroleum administration for war he urged to reconsider the allotments made to the State of Georgia of kerosene for domestic use and farm tractor fuels.

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JOURNAL OF THE HOUSE,

SB 7. By Senator Terrell of the 19th, Gross of the 31st, Atkinson of the 1st, and others:
A bill to repeal an act entitled an act to provide for the suspension of the state treasurer and the comptroller general; and for other purposes.

SB 10. By Senators Forester of the 24th, Ennis of the 20th, Lester of the 18th, and others: A bill to democratize the administration of certain boards, departments and authorities of the state government by removing the Governor as a member; and for other purposes.
Mr. Etheridge of Fulton, vice-chairman of the Committee on Journals, reported that the journal of yesterday's proceeding 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. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of local uncontested House bills.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time, and referred to the committees:

HB 98. By Mr. Phillips of Columbia:
A bill to be entitled an act to amend the charter of the Town of Harlem to authorize the governing authorities to pass zoning and planning laws; and for other purposes.
Referred to Committee on Municipal Government.

HB 99. By Mr. Hardy of Jackson:
A bill to be entitled an act to amend the charter of the City of Commerce to change the time for closing registration books; and for other purposes! Referred to Committee on Municipal Government.

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143

HB 100. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to restrict expenditures by candidates for public office to $15,000.00; and for other purposes.
Referred to Committee on State of Republic.

HB 101. By Messrs. McCracken of Jefferson, Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Etheridge of Fulton, Cates of Burke, .Miller of Lanier, Welsch of Cobb, Deal of Bulloch, Dunn of Lamar, Brunson of Bulloch, Branch of Tift, Burnside of McDuffie, Nicholson of Richmond, Bargeron of Burke, Hurst of Coweta, Ray of Warren, McCamy of Whitfield, Brewton of Evans, Peck of Dade, Gillis of Truetlen, Goldberg of Coweta, Phillips of Columbia, and Waller of Whitfield:
A bill to be entitled an act to reorganize the department of public safety; and for other purposes.
Referred to Committee on State of Republic.

HB 102. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend section 92-5712 of the code of 1933 so as to provide a proportionate part of the tax on personalty shall be included as is required for a release on realty; and for other purposes.
Referred to Committee on Ways and Means.

HB 103. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to be entitled an act providing for cost deposits in divorce cases, and for full payment of cost before final decree; and for other purposes.
Referred to Committee on General Judiciary No.2.
HB 104. By Mr. Bynum of Rabun:
A bill to be entitled an act to provide for the establishing of wild life departments in any county, or in more than one county co-operating; and for other purposes.
Referred to Committee on State of Republic.
HB 105. By Mr. Minchew of Atkinson: A bill to be entitled an act to amend the charter of the City of Pearson so as to provide for the filling of vacancies in mayor and council; and for other purposes.
Referred to Committee on Municipal Government.
HB 106. By Messrs. Barfield of Bibb and Harris of Richmond:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend the code of 1933, by repealing section 56-703, and substituting a new section to provide that the insured shall recover the full amount of insurance stated in fire insurance policies in case of total loss; and for other purposes.
Referred to Committee on Insurance.

HB 107. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to repeal pension act for the County of Richmond; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 108. By Messrs. Thurmond of Hall, Ray of Warren and McCamy of Whitfield:
A bill to be entitled an act to fix the salary of the director of the department of public health; and for other purposes.
Referred to Committee on State of Republic.
HB 109. .By Mr. Hartness of Fannin:
A bill to be entitled an act to designate standard time in the various territorial divisions of the state; and for other purposes.
Referred to Committee on State of Republic.

HB 110. By Mr. Willoughby of Clinch:
A bill to be entitled an act to create and establish a county court for the County of Clinch; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 111. By Messrs. Bennett and Bates of Ware:
A bill to be entitled an act to amend the charter of Waycross by creatirg a city authority and to authorize them to construct, operate and maintain self-liquidating public utilities; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 112. By Messrs. Connell of Lowndes, Bynum of Rabun, Gilbert of Glynn,and Allison of Gwinnett:
A bill to be entitled an act to provide that duly certified copies of instruments recorded in the office of clerk of the superior court may be filed for record in any county of the state; and for other purposes.
Referred to Committee on General Judiciary No. 2.

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145

HB 113. By Messrs. Hightower and Swint of Spalding, Salter and Bentley of Upson, and Johnson of Pike:
A bill to be entitled an act to provide for a salary for the court reporter :n
the Griffin judicial circuit; and for other purposes.
Referred to Committee on Special Judiciary.
HB 114. By Mr. Odom of Baker:
A bill to be entitled an act to require the fiscal officers of every county til use uniform schedules prepared by the state auditor in making audits of the county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 115. By Messrs. Smith of Carroll, Hatchett of Meriwether, and Hill of Troup:
A bill to be entitled an act to require that county officers shall be furnish~d offices at county expense; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 116. By Mr. Mason of Morgan:
A bill to be entitled an act to amend the charter of the Georgia Railroad Company {now the Georgia Railroad and Banking Company) to require them to pay taxes at the same rate as other similar corporations; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HB 117\ By Mr. Mitchell of Monroe: A bill to be entitled an act to require industrial, health, life or accident insurance companies to pay physician's fee if certificates are required mor<! oftener than once every four weeks; and for other purposes. Referred to Committee on Insurance.
HB 118. By Messrs. Smith and Durden of Dougherty: A bill to be entitled an act to amend section 92-2014 of the code of 1933 by taxing miniature pool tables exceeding 30x60 inches playing surface, but not exceeding 43x85 inches playing surface; and for other purposes. Referred to Committee on Ways and Means.
HR 31-118A. By Mr. Mason of Morgan: A resolution proposing an amendment to article VII, section II of the cot~-

146

JOURNAL OF THE HOUSE,

stitution so as to provide the General Assembly may provide for the levy and collection of taxes from the Georgia Railroad and Banking Company; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HR 32-118B. By Messrs. Hatchett of Meriwether and Strickland of Haralson:
A resolution to provide that no member of the House of Representatives or the State Senate of Georgia shall receive any compensation for services rendered to state subsequent to a date ten days after adjournment of the regular sixty day session; and for other purposes.
HR 33-118C. By Messrs. Welsch and Dorsey of Cobb:
A resolution providing the first Sunday in June be designated as "shut-ins' day" for the sick; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 119. By Messrs. McCracken of Jefferson, Durden of Dougherty, Burnside of McDuffie, Key of Jasper, Deal of Bulloch, Mitchell of Monroe, Branch of Tift, Minchew of Atkinson, Hubert of DeKalb, Welsch of Cobb, Broome of DeKalb, Hurst and Goldberg of Coweta, Waller and McCamy of Whitfield, Connell of Lowndes, Ray of Warren, Peck of Dade, Gowen of Glynn, and Etheridge of Fulton:
A bill to be entitled an act to abolish the office of supervisor of purchases, and repeal the act approved March 24, 1939 (Ga. Laws 1939, pages 160-177) ; and for other purposes.
Referred to Committee on State of Republic.
Mr. Sills of Candler 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:
HB 36. Do Pass.

HB 39. Do Pass. " H B 63. Do Pass. HB 79. Do Pass.

WEDNESDAY, JANUARY 20, 1943

1~7

HB 95. Do Pass. HB 96. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Mixon of Irwin 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 th~ following bills of the House and have instructed me as Chairman, to report th.. same back to the House with the following recommendations:

HB 29. Do Pass.

HB 74. Do Pass.

HB 75. Do Pass.

Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Hicks of Floyd 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:

HB 41. Do Pass. HB 31. Do Pass. HB 32. Do Pass. HB 33. Do Pass.

HB 35. Do Pass by substitute.

HB 22. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State oi Republic, submitted the following report:

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JOURNAL OF THE HOUSE,

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:

HB 8. Do Pass.

HB 12. Do Pass.

HB 15. Do Pass.

HB 43. Do Pass as amended.

HB 58. Do Pass.

HB 65. Do Pass.

Respectfully submitted,

McCracken of Jefferson, Chairman.

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

HB 36. By .Mr. Thigpen of Glascock:
A bill to be entitled an act to repeal an act amending the act creating a board of commissioners of roads and revenues of Glascock county; and for other purposes.

HB 39. By Mr. Sharpe of Toombs:
A bill to be entitled an act to repeal the ac;t creating the office of commis sioner of roads and revenues in the county of Toombs; and to create a board of commissioners of roads and revenues in the County of Toombs; to provide for their election; and for other purposes.

HB 63. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to amend an act approved March 4, 1941, entitled "Dougherty County Board of Commissioners Created-Referendum" so as to authorize said board of commissioners to levy license and specific or occupation taxes in said county other than within the incorporated limits of towns or cities, and to authorize the passage of rules regulating buildings, fences, and other structures within Dougherty county; and for other purposes.

HB 79. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to amend an act approved July 22, 1929 (Ga.

WEDNESDAY, JANUARY 20, 1943

149

Laws 1929, P. 225), as amended August 27, 1931 (Ga. Laws 1933, P. 134) by making said act apply to all counties having a population of not less than 200,000 by the last or any future census; and for other purposes.

HB 95. By Messrs. Dorsey and Welsh of Cobb:
A bill to be entitled to an act to create a Cobb county planning commission and zoning ordinances for Cobb county; and for other purposes.

HB 96. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend an act approved August 7, 1924, Georgia Laws 1924, page 314, et seq., so as to fix the salary of county commissioner and clerk, and to give said commissioner charge and supervision (If the constrcction and operation of airports, waterworks systems and other utilities in Cobb county; and for other purposes.

HB 8. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, McNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Gowen of Glynn, Hand of Mitchell, Foster of Paulding, Fortson of Wilkes, Etheridge of Fultor, Goldberg and Hurst of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, and Hagan of Screven:
A bill to be entitled an act to establish a finance commission; to provide for a method of appeal of the budget approval; to provide the Governor or director of the budget cannot strike employees from the budget; and for other purposes.

HB 12. By Messrs. Grayson and MeN all of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Phillips of Columbia, Hand of Mitchell, McCracken of Jefferson, Gowen of Glynn, Smith of Dougherty, McCamy of Whitfield, Minchew of Atkinson, Foster of Pauldinj!, Smith of Muscogee, Holley and Nicholson of Richmond, Hagan of Screven, Thurmond of Hall, and Maund of Talbot:
A bill to be entitled an act to abolish the division of wildlife; the office of commissioner of natural resources; to create a state game and fish commission; and for other purposes.

HB 15. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, McNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Hagan of Screven, Burnside of McDuffie, Foster of Paulding, Hand of Mitchell, Fortson of Wilkes, Etheridge of Fulton, Key of Jasper, Gowen of Glynn, Hurst and Goldberg of Coweta, Ray of Warren, Cowart of Lowndes, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Smith of Muscogee, and Holley and Nicholson of Richmond.

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend section 18 of an act of 1937, of Georgia laws, 1937, pages 355-368 relating to abolition of board of control so as to provide that the authority power and duties be transferred to the state board of education; and for other purposes.
HB 43. By Mr. Elliott of Muscogee:
A bill to be entitled an act to repeal section 14-1808 of the Georgia code as amended in 1933, to amend section 14-105 of the Georgia code, and to amend section 14-716 of the Georgia code by declaring certain days as public legal holidays, religious holidays; and for other purposes.
HB 58. By Mr. Strickland of Haralson:
A bill to be entitled an act to fix the compensation of the state superintendent of schools as secretary of the state board of education and administrative officer of the department of education; and for other purposes.
HB 65. By Messrs. Durden and Smith of Dougherty:
A bill to be entitled an act to repeal sections 40-206 of the code of 1933 as amended and section 40-1301 of the code of 1933 providing for the suspension of the state treasurer or comptroller general; and for other purposes.
HB 29. By Messrs. Thompson and Hatchett of Meriwether:
A bill to be entitled an act to amend section 52-105 Georgia code of 1933 relating to liens of innkeepers so as to provide for liens for hospitals; and for other purposes.
HB 74. By Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that the jury shall pass only on the guilt or innocence of the accused in all criminal trials; that the judge shall fix sentence in case of conviction after investigation; and for other purposes.

HB 75. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend section 79-501 of the code of 1933 to require the persons desiring to change their names through the courts shall advertise the same in the official organ of the county; and for other purposes.

H B 41. By Mr. Elliott of M uscogee:
A bill to be entitled an act to amend section 96-205 of the 1933 code to provide that when a voluntary deed or conveyance shall be recorded in accord-

WEDNESDAY, JANUARY 20, 1943

151

ance with section 29-401 of said code, such deed or conveyance shall have priority as provided in last said mentioned section over subsequent deeds or conveyances; and for other purposes.
HB 31. By Mr. Weaver of Bibb:
A bill to be entitled an act to provide how guardians, administrators, executors, trustees, and other :fiduciaries may sell stock or bonds which are listed in a stock exchange; and for other purposes.
HB 32. By Mr. Weaver of Bibb:
A bill to be entitled an act to amend an act of the General Assembly of Georgia 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 for other purposes.

HB 33. By Mr. Weaver of Bibb:
A bill to be entitled an act to provide for the sale and transfer by guardians, administrators, executors, trustees, and other :fiduciaries of notes and other evidence of indebtedness ; and for other purposes.

HB 35. By Mr. Barfield of Bibb:
A bill to be entitled an act to amend section 31 of the land registration act of 1917, so as to permit the owner of a registered tract of land to transfer to himself separate parcels without necessarily freeing said transferred parcels from further registration; and for other purposes.

HB 22. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend chapter 9-5 entitled disbarment proceedings of the 1933 code of :fixing the time of instituting the proceedings; and for other purposes.
The following resolution of the House was read and referred to the committee:

HR 34-118D. By Messrs. Mims of Miller, Drake of Seminole and Riddlespurger of Colquitt:
A resolution memorializing Congress to pass SB 1313, to aid the public school system of Georgia; and for other purposes.
Referred to Committee on Education No. 1.
By unanimous consent, the following bills and resolution of the Senate were read the :first time and referred to committees:

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JOURNAL OF THE HOUSE,

SB 3. By Senators Eubank of the 29th, Harrison of the 17th and Gross of the 31st districts:
A bill to be entitled an act to reorganize the state board of education by abolishing the present board and providing for a new board; and for other purposes.
Referred to the Committee on Education No. 1.

SB 4.

By Senators Pope of the 7th, Harrison of the 17th, Gross of the 31st, Atkin,.-on of the 1st, Ennis of the 20th, Lester of the 18th, Eubank of the 29th, Terrell of the 19th, Millican of the 52nd, Forester of the 44th, Bacon of the 28th, Kennedy of the 2nd, and Arnall of the 36th districts:

A bill to be entitled an act to propose to the qualified electors for ratification or rejection an amendment to article 8, section 2 of the constitution of the State of Georgia by adding a new paragraph to provide for a new state board of education; and for other purposes.

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

SR 26. By Senators Pope of the 7th, Clements of the 9th, Boyett of the 11th, Simmons of the 8th, and Ansley of the lOth districts:
A joint resolution designating January 23 to January 31 as Peanut Week in Georgia; and for other purposes.

Referred to the Committee on General Agriculture No. 2.

Under the regular order of business, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 2_

By ~Jessrs. Foster of Paulding, Gowen of Glynn, Grayson of Chatham, Durden of Dougherty, MeNall of Chatham, Phillips of Columbia, Thurmond of Hall, Hand of Mitchell, McCracken of Jefferson, Minis of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, Holley and Nicholson of Richmond, and Hagan of Screven:

A BILL
To be entitled an act to propose to the qualified electors for ratification or rejection an amendment of article VIII, section VI of the constitution of the State of Georgia by adding a new paragraph to provide for a board of regents of the University System of Georgia; to provide membership, appointment, qualification, term of office, tenure, filling of vacancies, powers and duties of the board of regents of the University System of Georgia; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That there shall be proposed to the qualified electors for ratifi-

WEDNESDAY, JANUARY 20, 1943

153

cation or rejection at the next general election an amendment of article VIII, section VI of the constitution of the State of Georgia by adding a new paragraph to be numbered paragraph 2 to read as follows:
"There shall be a board of regents of the University System of Georgia, and the government, control, and all of its institutions in said system, shall be vested in said board of regents of the University System of Georgia. Said board of regents of the University System of Georgia shall consist of one member from each congressional district in the state, and five additional members from the state-at-large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The first board of regents under this provision shall consist of those in office at the time this constitutional amendment is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a 'vacancy on said board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session, to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the board of regents shall hold office until their successors are appointed. The said board of regents of the University System of Georgia shall have the power and duties as provided by law existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law."
SECTION 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the "Ayes" and "Nays" thereon entered on their respective journals, it shall be published and submitted to the people for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the constitution, as provided by the constitution and laws relating to constitutional amendments.
SECTION 3. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison

Alwood Anderson Baker

Bates Battles Barfield

154
Bargeron Bennett Bentley Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Cowart Curry Dallis Dalton Daves Deal Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin

JOURNAL OF THE HOUSE,

Gholston

Mankin

Giddens

Martin

Gilbert

Mason

Gillis

Maund

Goldberg

McCamy

Gowen

McCracken

Graham

McEntire

Gray

Mcintosh

Grayson

McNall

Greene of Jones

Medders

Greene of Schley

Miller

Guerry

Mills

Guyton

Mims

Harden

Minchew

Hardy

Mixon

Hart of Quitman

Moate

Hart of Thomas

Moore of Baldwin

Hartness

Nicholson of Richmond

Hatchett

Norman

Heard

Odom

Hefner

Ogburn

Herndon

Overby

Hicks

Overby

Hightower

Pannell

Hill of Troup

Park

Hogg

Parker

Holley

Peck

Hooks

Pettit

Horne

Pirkle

Hubert

Porter

Hurst

Powell

Jennings of Sumter

Price

Jennings of Terrell

Pruitt

Joiner

Ray

Johns

Rees

Johnson of Chattahoochee Reid

Johnston

Reynolds

Jones

Riddlespurger

Kelly of Thomas

Riley

Kelly of Walker

Roughton

Kendrick

Rowland

Key

Russell

Littlejohn

Salter

Livingston

Sheppard

Looper

Smiley

Malone

Smith of Carroll

WEDNESDAY, JANUARY 20, 1943

155

Smith of Dougherty Smith of M uscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas

Thompson Thrash Thurmond Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple

Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright

Those not voting were:

Boone Campbell of Newton Copland Crummey Culpepper Dorsett Elliott Ennis Hagan Hand

Hill of Clarke Johnson of Pike Knabb Mabry Mavity Mitchell Moore of Taliaferro Nicholson of Oconee Oliver Padgett

Phillips Roper Rossee Sharpe Sills Turner Williams of Gwinnett Yawn Mr. Speaker

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

On the passage of the bill, the ayes were 174, the nays 0.

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

HB 3. By Messrs. Hatchett of Meriwether, Key of Jasper, Durden of Dougherty, Grayson of Chatham, Phillips of Columbia, Thurmond of Hall, Hand o! Mitchell, McCracken of Jefferson, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, Holley of Richmond, McNall of Chatham, Hagan of Screven, and Nicholson of Richmond:
A bill to be entitled an act to amend article 8, section 6, of the constitution of the state so as to provide for a board of regents; and for other purposes.
By unanimous consent HB 3 was tabled.

HB 4. By Messrs. Foster of Paulding, Gowen of Glynn, Grayson of Chatham, Durden of Dougherty, Key of Jasper, McNall of Chatham, Phillips of Columbia, Hand of Mitchell, McCracken of Jefferson, Mims of Miller, Drake of Seminole, Holley and Nicholson of Richmond, Crummey of Wilcox, Smith of Muscogee, and Hagan of Screven:

156

JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend article 8, section 2 of the constitution of the state so as to provide for a state board of education; and for other purposes.
By unanimous consent HB 4 was tabled.
HB 13. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, Connell of Lowndes, Burnside of McDuffie, MeNall and Grayson of Chatham, Gowen of Glynn, Durden of Dougherty, Fortson of Wilkes, Etheridge of Fulton, Foster of Paulding, Hand of Mitchell, Hurst and Goldberg of Coweta, Cheshire of Colquitt, Mason of 1\ilorgan, Mims of Miller, Drake of Seminole, Holley and Nicholson of Richmond, Crummey of Wilcox, Smith of Muscogee, and Hagan of Screven.
A bill to be entitled an act to provide for the qualifications of the adjutant general of the State of Georgia; and for other purposes.
The following committee substitute to HB 13 was read and adopted:
A BILL
To be entitled an act to provide the qualifications of the adjutant general of Georgia; to provide his official residence; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. No person shall be eligible to hold the office of adjutant general unless he holds or has held a commission (regular or reserve) in the national guard of Georgia, or in the army of the United States, or in the marine corps, or in the United States navy; and shall have served not less than two years in one or more such services, and shall not be less than thirty-five nor more than sixty-four years of age at the time of his appointment. The adjutant general shall reside in Fulton or an adjacent county thereto and shall be available at all hours for emergency duties.
Section 2. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
The following amendments to the committee substitute to HB 13 were read and adopted :
Mr. Pannell of Murray moved to amend the substitute to HB 13 as follows: Section 1, lines five and seven by striking the words, "and shall not be less than thirty-five nor more than sixty-four years of age at the time of his appointment," and substitute in place thereof the words "and shall not be less than twenty-five nor more than sixty-four years of age at the time of his appointment."
Mr. McCracken of Jefferson moved to amend the substitute to HB 13 by striking the last sentence of section 1 and adding the following: "the adjutant general shall reside in Fulton county or in adjacent county after appointment and shall be available at all hours for emergency duties."

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157

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 137, the nays 0.
The bill having received the requisite constitutional majority was passed hr substitute as amended.

HB 71. By Mr. Strickland of Haralson:
A bill to be entitled an act to amend chapter 32-25 of the code of Georgia, authorizing county commissioners or ordinaries and to establish and to carry on schools for instructing adult illiterates; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 138, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 73. By Mr. Strickland of Haralson:
A bill to be entitled an act to amend section 32-1006 of the code of 1933 by providing that the county boards of education may authorize county superintendents of schools to employ office and clerical help; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bills, the ayes were 113, the nays 10.
The bill having received the requisite constitutional majority was passed.
Mr. Mims of :Miller requested that he be recorded as voting no and the request was granted.

HR 14-16C. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of Jefferson, Grayson of Chatham; Hagan of Screven, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, and Nicholson and Holley of Richmond:
A resolution proposing an amendment to article 5, section 4 of the constitution of the state so as to create a game and fish commission ; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the stcretary thereof:

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 21. By Senators Arnall of the 36th and Ingram of the 51st: A bill to be entitled an act to make the term of the commissioner of agriculture concurrent with that of the Governor; to provide the time for election; and for other purposes.
Mr. Durden of Dougherty moved that the House do now adjourn, the motion prevailed and HR 14-16C went over as unfinished business.
The following resolution of the House was read and adopted:

HR 35. By Messrs. Hatchett and Thompson of Meriwether, Caldwell and Dallis of Troup, Weaver of Bibb, and Mrs. Mankin of Fulton and Mrs. Guerry of Macon:

A resolution to express the sympathy of the House to Mr. A. M. Hill of Meriwether county in the passing of his wife.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolution of the House to wit:

HB 2.

HB 13.

HB 17.

HB 40.

HB 66.

HB 71.

HB 73.

HR 30.

Respectfully submitted,

Branch of Tift, Chairman.

The speaker announced the House adjourned until Th1,1rsday morning at 10:00 o'clock.

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159

Representatives Hall, Atlanta, Georgia. Thursday, January 21, 1943.
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 a 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 busine~s during the first part of the period of unanimous consent:

1. Introduction of bills and resolutions. 2. First readings and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:

HB 120. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues of Glascock: county, so as to provide that all printing shall be done by the official organ of the county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 121. By Mr. Thigpen of Glascock::
A bill to be entitled an act to create a board of commissioners of roads and revenues for Glascock: county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 122. By Mr. Maund of Talbot: A bill to be entitled an act to change the time of holding superior court in

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Talbot county to the second Mondays in March and September; and for other purposes.
Referred to Committee on Special Judiciary.

HB 123. By Mr. Gardner of Mitchell:
A bill to be entitled an act to provide that the term "motor carrier" shall not include vehicles engaged in transporting peanuts in the shell; and for other purposes.
Referred to Committee on Motor Vehicles.
HB 124. By Messrs. McCracken of Jefferson, Burnside of McDuffie, MeNall of Chatham, Gowen of Glynn, Ferguson of Camden, Durden of Dougherty, Thurmond of Hall, Smith of Dougherty, Connell of Lowndes, Harden of Turner, Welsch of Cobb, Hicks of Floyd, Hurst of Coweta, Smith of Washington, Bargeron of Burke, McCamy of Whitfield, Ray of Warren, Gardner of Mitchell, Waller of Whitfield, Thigpen of Glascock, Salter of Upson, Deal of Bulloch, Brunson of Bulloch, Branch of Tift, Miller of Lanier, Hand of Mitchell, Peck of Dade, Easler of Crawford, Etheridge of Fulton, Minchew of Atkinson, Holley of Richmond, Goldberg of Coweta, and Key of Jasper:
A bill to be entitled an act to abolish the department of revenue and create a department of finance and taxation; and for other purposes.
Referred to Committee on State of Republic.
HB 125. By Messrs. Daves of Dooly, Hatchett of Meriwether and Weaver of Bibb:
A bill to be entitled an act to amend the state health laws creating county boards of health and to provide for payment of expenses of county health departments; and for other purposes.
HB 126. By Mr. Dukes of Bryan:
A bill to be entitled an act to provide for the terms of the city court or Pembroke, and the fees of the solicitor; and for other purposes. Referred to Committee on Special Judiciary.
HB 127. By Mr. Jennings of Sumter:
A bill to be entitled an act providing for the creation and regulation of trusts and trustees; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 128. By Mr. Gowen of Glynn: A bill to be entitled an act to amend section 102-102 of the code of 1933,

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by providing in counties having commissioners of roads and revenues that the word "ordinar}" shall be construed to be the commissioners of roads and revenues; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 129. By Mr. Gowen of Glynn:
A bill to be entitled an act to provide that all property returned for taxation by any other person, if not so returned by the owner, shall be subject to a valid lien for taxes in the name of the person making the return; and for other purposes.
Referred to Committee on General Judiciary No.2.
HB 130. By l\Iessrs. Gowen and Gilbert of Glynn:
A hill to he entitled an act to increase the salary of the solicitor of the city court of Brunswick; and for other purposes.
Referred to Committee on Special Judiciary.
HB 131. By Messrs. Gowen and Gilbert of Glynn:
A hill to he entitled an act to provide that no funds shall he withdrawn or released from the reserve fund of the county until advertised for ten days in the official organ; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 132. By Messrs. Dorsey of Cobb, Pruitt of Lumpkin, and Park of Greene. A hill to he entitled an act to provide for $100.00 funeral expense for confederate veterans and their widows, and for other purposes.
Referred to Committee on Pensions.
HB 133. By Messrs. Allison of Gwinnett, and Burnside of McDuffie:
A hill to he entitled an act to levy a $5.00 fee against each insurance com~ pany for every agent, solicitor, sub-agent, manager, assistant manager,
superintendent, or assistant superintendent, and to levy a premium tax of one and one-half per cent, and for other purposes. Referred to Committee on Insurance.
HR 36-133A. By Messrs. Kendrick and Etheridge of Fulton, Broome of DeKalh, Durden of Dougherty, Smith of Muscogee, and Miller of Lanier:
A resolution to suspend one-half the tax on truck and automobile dealers set forth in Georgia Laws 1935, pp; 16-17, paragraphs 11 and 12, and for other purposes. Referred to Committee on Ways and Means.

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HR 37-133B. By Messrs. Kendrick and Etheridge of Fulton, Broome of DeKalb, Durden of Dougherty, Smith of Muscogee, and Miller of Lanier:
A resolution confirming suspension of one-half of license tax levied on automobile and truck dealers, and for other purposes.
Referred to Committee on Ways and Means.
HR 38-133C. By Messrs. Hightower and Swint of Spalding:
A resolution proposing an amendment to article XI, section II, paragraph 1 of the constitution to provide for the division of Spalding county into school districts, and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HB 135. By Mr. Looper of Dawson: A bill to be entitled an act to require each applicant for a marriage license to have a premarital examination and present a certificate from a physician, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 136. By Mr. Looper of Dawson:
A bill to be entitled an act to require every physician or other persons permitted by law to attend pregnant women to take a specimen of blood for laboratory test, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 137. By Mr. Looper of Dawson:

A bill to be entitled an act to penalize any person, house, building, place, or other structure who knowingly permits prostitution, lewdness, or assignation, and for other purposes.

Referred to Committee on Hygiene and Sanitation.

Mr. Gowen of Glynn County, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 47. Do Pass

Respectfully submitted,

Gowen, of Glynn, Chairman.

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163

Mr. Sills of Candler 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:

HB 107. Do Pass

HB 110. Do Pass

HB 114. Do Pass

Respectfully submitted,

Sills, of Candler, Chairman.

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:

Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 80. Do Pass

Respectfully submitted, Allison, of Gwinnett,

Mr. McCracken of Jefferson 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:

HB 86. Do Pass

HB 119. Do Pass

HB 101. Do Pass

Respectfully submitted,

McCracken, of Jefferson, Chairman.

Mr. Burnside of McDuffie County, Chairman of the Committee on Ways and Means, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Ways and Means have had under consideration the following bills of the House nad have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 60. Do Pass

HB 102. Do Pass

Respectfully submitted,
Burnside, of McDuffie, Chairman.

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

HB 60. By Mr. Key of Jasper:
A bill to be entitled an act to amend an act amending the income tax laws by striking sub-section ( 1) of section 92-3105 of the code of 1933 as amended (Ga. Laws 1937, pp. 120), and substituting the following sub-section: "Banks and Trust Companies, including savings bank incorporated under the banking laws of this state or of the United States, doing a general banking business," and amending sub-section 7 and substituting therefor; the following; "Dividends received on stock of banks and trust companies incorporated under the banking laws of this state or of the United States"; and for other purposes.
HB 102. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend section 92-5712 of the code of 1933 so as to provide a proportionate part of the tax on personalty shall be included as is required for a release on realty; and for other purposes.
HB 107. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to repeal pension act for the County of Richmond; and for other purposes.
HB 110. By Mr. Willoughby of Clinch:
A bill to be entitled an act to create and establish a county court for the County of Cinch, and for other purposes.

HB 114. By Mr. Odom of Baker:
A bill to be entitled an act to require the fiscal officers of every county to use uniform schedules prepared by the State Auditor in making audits of the county, and for other purposes.

THURSDAY, JANUARY 21, 1943

165

HB 86. By Messrs. Grayson of Chatham, McCracken of Jefferson, Foster of Paulding, Thurmond of Hall, Key of Jasper, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie and Gowen of Glynn:
A bill to be entitled an act to provide for the election of the state auditor by the General Assembly, and for other purposes.
HB 119. By Messrs. McCracken of Jefferson, Durden of Dougherty, Burnside of McDuffie, Key of Jasper, Deal of Bulloch, Mitchell of Monroe, Branch of Tift, Minchew of Atkinson, Hubert of DeKalb, Welsch of Cobb, Broome of DeKalb, Hurst and Goldberg of Coweta, Waller and McCamy or Whitfield, Connell of Lowndes, Ray of Warren, Peek of Dade, Gowen of Glynn, and Etheridge of Fulton:
A bill to be entitled an act to abolish the office of supervisor of purchases, and repeal the act approved March 24, 1939 (Ga. Laws 1939, pages 160177) and for other purposes.
HB 47. By Messrs. Gowen of Glynn, Grayson and MeN all of Chatham, Durden of Dougherty, Burnside of McDuffie, Connell of Lowndes, MeNall of Chatham, Key of Jasper, Phillips of Columbia, Foster of Paulding, McCracken of Jefferson, Hand of Mitchell, Caldwell of Troup, Fortson of Wilkes, Goldberg of Coweta, Allison of Gwinnett and Hurst of Coweta: A bill to be entitled an act to make appropriations for the operation of the state government for the fiscal year ending June 30, 1944, and for each year thereafter until repealed; and for other purposes.
HB 80. By :VIessrs. Alexander, Grayson, and MeN all of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah and to create a budget commission; and for other purposes.
HB 101. By Messrs. McCracken of Jefferson, Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Etheridge of Fulton, Cates of Burke, Miller of Lanier, Welsch of Cobb, Deal of Bulloch, Dunn of Lamar, Brunson of Bulloch, Branch of Tift, Burnside of McDuffie, Nicholson of Richmond, Bargeron of Burke, Hurst and Goldberg of Coweta, Ray of Warren, McCamy of Whitfield, Brewton of Evans, Peck of Dade, Gillis of Treutlen, Phillips of Columbia, and Waller of Whitfield:
A bill to be entitled an act to reorganize the department of public safety; and for other purposes.
By unanimous consent, the following bills of the Senate were read for the fir~t time and referred to the committees:
SB 7. By Senators Terrell of the 19th, Atkinson of the 1st, Ennis of the 20th, Harrison of the 17th, Eubanks of the 29th, Pope of the 7th, Forester of the 44th, Ingram of the 51st, and Dean of the 34th:

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A bill to be entitled an act to repeal an act providing for the suspension of the state treasurer and the comptroller general; and for other purposes.
Referred to the Committee on State of Republic.

SB 10. By Senators Forester of the 44th, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubanks of the 29th, Pope of the 7th, Terrell of the 19th, Kennedy of the 2nd, Arnall of the 36th, Ingram of the 51st, and Millican of the 52nd :
A bill to be entitled an act to democratize the administration of certain boards, departments and authorities of the state government by removing the Governor as a member ; and for other purposes.
Referred to the Committee on State of Republic.

SB 21. By Senators Arnall of the 36th and Ingram of the 51st:
A bill to be entitled an act to make the term of the commissioner of agriculture concurrent with that of the Governor; to provide the time for election ; and for other purposes.
Referred to the Committee on State of Republic.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage :
HB 36. By Mr. Thigpen of Glascock:
A bill to be entitled an act to repeal an act amending the act creating a board of commissioners of roads and revenues for Glascock county; and for other purposes.
On the passage of the bill, the ayes were 105, the nays 0.

HB 39. By Mr. Sharpe of Toombs:
A bill to be entitled an act to repeal the act creating the office of commissioner of roads and revenues in the County of Toombs; to create a board of commissioners of roads and revenues in the County of Toombs; to provide for their election; and for other purposes.
The report of the committee, which was favorable to the passage of the hili, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 63. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to amend the act creating the Dougherty county

THURSDAY, JANUARY 21, 1943

167

board of commissioners so as to authorize said board to levy license and occupation 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 107, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 95. By Messrs. Welsch and Dorsey of Cobb:
A bill to be entitled an act to create a Cobb county planning commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 96. By Messrs. Welsch and Dorsey of Cobb:
A bill to be entitled an act to amend an act approved August 7, 1924, Georgia Laws 1924, page 314 et seq., so as to fix the salary of county commissioner and clerk and to give said commissioner charge and supervision of construction and operation of air ports, waterworks systems and other utilities in Cobb county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of unfinished business the following resolution of the House was again taken up for consideration:

HR 14-16C. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of Jefferson, Grayson of Chatham, Hagan of Screven, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, and Nicholson and Holley of Richmond:
A resolution proposing to the voters at the next general election an amend-
ment to article 5 of the constitution of the State of Georgia; said amend-
ment to provide for the creation of a game and fish commission; and for other purposes.
By unanimous consent, HR 14-16C was referred back to the Committee on Amendments to Constitution No. 1.

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Under the order of regular business, the following bills and resolutions of the House were taken up for consideration, read the third time and placed upon their passage:
HB 8. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, Grayson and MeN all of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Gowen of Glynn, Hand of Mitchell, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Goldberg and Hurst of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, and Hagan of Screven:
A bill to be entitled an act to establish a finance commission; to provide for a method of budget appeal; and of approval; and for other puq~oses.
By unanimous consent, HB 8 was tabled.
HB 12. By Messrs. MeN all and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Phillips of Columbia, Hand of Mitchell, McCracken of Jefferson, Gowen of Glynn, Smith of Dougherty, McCamy of Whitfield, Minchew of Atkinson, Foster of Paulding-, Smith of Muscogee, Holley and Nicholson of Richmond, Hagan of Screven, Thurmond of Hall, and Maund of Talbot:
A bill to be entitled an act to abolish the division of wild life, the department of natural resources; to create a state game and fish commission; and for other purposes.
The following substitute to HB 12 was read:
By Messrs. Durden of Dougherty, Fortson of Wilkes, Ferguson of Camden, Gowen of Glynn, Cates of Burke, McCracken of Jefferson, Smith oi Dougherty, Burnside of McDuffie, Thurmond of Hall, McNall of Chatham, Mcintosh of Mcintosh, Jones of Grady, Clark of Catoosa, Hogg of Marion, Bennett of Ware, Smith of Oglethorpe, McCamy of Whitfield, Riley of Peach, Bates of Ware, Willoughby of Cinch, Bargeron of Burke, Hurst of Coweta, Allison of Gwinnett, Broome of DeKalb, Kelley of Thomas, Price of Clarke, Park of Greene, Smiley of Liberty, Roper of Hall, Herndon of Hart, and Mavity and Kelly of Walker:
A BILL
To be entitled An Act to abolish the Division of Wild Life, the Department of Natural Resources, the office of Commissioner of Natural Resources, insofar as they pertain to such Division, the office of Director of Wild Life, and the Inspector of Coastal Fisheries; to create a S.tate Game and Fish Commission, a Director, tenure, -::ompensation, powers and duties; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Division of Wild Life, the Department of Natural Resource;, the office of Cimmssioner of Natural Resources, insofar as the same pertain to such Division, the office of Director of Wild Life, and the Inspector of Coastal Fisheries, as created and established by the Act of the General Assembly, approved March 5, 1937 (Georgia Laws 1937, pages 264-280), are hereby abolished.
Section 2. There is hereby created and established a Commission to be known as the State Game and Fish Commission composed of one member from each Congressional District in this State, and one additional member from one of the following, named counties, to wit: Chatham, Bryan, Liberty, l\!Iclntosh, Glynn or Camden. The members of such Commission shall be appointed by the Governor and confirmed by the Senate, and shall hold office until their successors are appointed and qualified. The Governor shall not be a member of such Commission.
Section 3. The first members of the State Game and Fish Commission appointed hereunder shall hold office as follows: Two for three years; two for four years; two for five years; two for six years; and three for seven years. All of said terms shall date from January I, 1943. The Governor in making said appointments shall designate the holders of the respective terms. Successors to persons so appointed shall hold terms of office of seven years from the expiration of the previous term.
Section 4. Any vacancy shall be filled by appointment of the Governor for the unexpired term, subject to confirmation by the Senate, and any appointment, whether for a full term or to fill a vacancy, made when the Senate is not in session, shall be effective until the same is acted upon by the Senate.
Section 5. The control, management, restoration, conservation and regulation oi the birds, game, wildlife, fur bearing animals, fresh water fish, salt water fish, shell fish and crustaceans, and the acquisition, establishment, control and management of hatcheries, sanctuaries, refuges, reservations, and all other property now or hereafter owned or used for such purposes by the State of Georgia shall be vested in the State Game and Fish Commission.
Section 6. Immediately after appointment, taking the oath of office and qualification, the members of the Commission shall meet at the State Capitol and elect a chairman, and thereafter the Commission, shall elect a Chairman annually. The members of the Commission, including the Chairman shall each receive seven dollars for each day of actual attendance of meetings of the Commission at the State Capitol, and actual cost of transportation to and from the place of meeting and their respective homes hy the nearest practicable route not to exceed five cents per mile, provided that in no one month shall any member receive more than twenty-one dollars compemation for per diem services and/or forty dollars expenses, including transportation. Such per diem and travel expense shall be paid from funds of the Commission. The Commission shall meet at such times at the State Capitol as it may determine and it may convene in call session upon call by the chairman or by a majority of the members of the Commission.

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Section 7. The State Game and Fish Commission at its first meeting shall appoint a Director, who shall be the executive secretary and administrative officer of the Commission, and have such other powers and duties as may be prescribed by the Commission and by this Act, for all of which duties combined he shall receive a salary to be fixed by the Commission from time to time which in no event shall exceed $6,000.00 per annum, payable monthly, and travelling expenses necessary in the performance of his duties. The Director shall devote his full time to the duties of his office, and when the Commission is not in session the Director shall have power and it shall be his duty to act in all matters as fully as the Commission is authorized, except in those matters where the approval of the Commission is specifically required. He shall take oath of office and give bond in the sum of $10,000.00 in the usual form required to State officials. Such Director shall have offices at the State Capitol, which shall also be the office of the Commission. The Director shall hold office at the pleasure of the Commission. No member of the Commission during his tenure of office or within two years thereafter shall be eligible for appointment as Director or for any employment under the Commission or the Director.
Section 8. The Director, with the approval of the Commission, shall appoint a Supervisor of Coastal Fisheries, who shall receive a salary to be fixed by the Commission from time to time, and who shall serve at the pleasure of the Commission. He shall devote his full time to his official duties, and shall take oath and give bond in the sum of $10,000.00 in the usual form required of State officials. The Supervisor of Coastal Fisheries shall perform such services in connection with the development and protection of fish, shell fish and crustaceans in the tide-waters of Georgia, and such other duties as may be assigned to him by the Commission and the Director.
Section 9. The Director shall appoint and fix the salaries of such other assistants, protectors and employees, including a uniformed division to be known as Wildlife Rangers, of such number as may be necessary to carry out the duties assigned to them by the Commission and Director, within funds available to and appropriated therefor, all of whom shall serve at the pleasure of the Director.
Section 10. All funds resulting from the operation of the Commission and from the administration of the laws and regulations pertaining to birds, game, fur bearing animals, wildlife, fish, shell fish, crustaceans and coastal fisheries, together with all money collected or derived from licenses or special taxes pertaining thereto and any other funds specifically provided for such purposes, shall constitute the State Game and Fish Commission Fund and shall be used by the Commission for its operation and as it may deem proper in carrying out the provisions of this Act and for no other purpose.
Such funds, fees and special taxes are hereby specifically allocated and appropriated to the State Game and Fish Commission, provided such specific allocatiom and appropriations may, for any period covered by a lump sum appropriation in a General Appropriations Act for the State Game and Fish Commission in lieu of specific allocations and a'!propriations, be superseded by such lump sum appropriation

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only when the same shall at least equal the total sum of such funds, fees and special taxes for the immediately preceding siimilar calendar period and shall provide for adjustment and payment to the Commission out of the emergency fund, immediately after the same can be ascertained, during the General Appropriations Act period or State fiscal year, whichever may be the shorter period, for any difference between such funds, fees, licenses and special taxes which are actually collected and the lump sum appropriated.
Section 11. The State of Georgia hereby assents to the prov1s1ons of the Act of Congress entitled "An Act to provide that the United States shall aid the States in wildlife restoration projects, and for other purposes," approved September 2, 1937
(Public Number 415, 75th Congress, Title 16, Chapter 5 B United States Codr,
Annotated). The State Game and Fish Commission is hereby authorized, empowered, and directed to perform such acts as may be necessary to the establishment and conduct of cooperative wildlife restoration projects as defined in the said Act of Congress, in compliance therewith and rules and regulations promulgated by the Federal agency authorized thereunder. The State Game and Fish Commission shall have authority to do all things necessary in cooperation with all agencies of the United States Government in connection with propagation, restoration and protection of wildlife, fish, shell fish, and crustaceans in this State.
Section 12. The Director, with the approval of the Commission, shall have power to fix bag limits and to fix open and closed seasons, on a state-wide regional or local basis, as they may find to be appropriate, and to regulate the manner and method of taking, transporting, storing and using birds, game, fur bearing animals, fish, shell fish, crustaceans, reptiles and amphibians, by rules and regulations, provided that the Director shall post at the Court House door of the county or counties that will be affected a complete copy of such rule or regulation certified by him and also file an additional certified copy thereof in the office of the ordinary of the county or counties affected, at least thirty days before the effective date of such rule or regulation.
Section 13. The Director, with the approval of the Commission, shall have power to adopt all rules, regulations and methods of administration necessary for the efficient operation of the Commission as herein created and established.
Section 14. The State Game and Fish Commission, with the Director, provided for by this Act, shall have the powers and duties vested in the Division of Wild Life, the Department of Natural Resources, the Commissioner of Natural Resources, the Director of Wild Life, and the Inspector of Coastal Fisheries, insofar as they pertain to such Division of Wild Life which are not inconsistent with this Act.
Section 15. Nothing contained in this Act shall be construed as repealing anv laws relating to birds, game, wildlife, fur bearing animals, fresh water fish, salt water fish, shell fish or crustaceans, for the regulation, protection, conservation, license or taxation theerof or penalties for violations thereof, which are not inconsistent with this Act; and none of such laws which the Director, with the approval of the Commission, may have power by this Act to change, modify or supersede by rule or

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regulation shall be so changed, modified or superseded unless and until such change is effected by rule or regulation which is adopted, promulgated and posted as provided by this Act.
Section 16. Nothing herein contained shall authorize said Commission to collect a license tax, or fee from any person for hunting, or fishing on his own lands.
Section 17. Nothing herein contained shall grant, or give to said Commission power and authority over strictly private ponds.
Section 18. All appropriations heretofore made to the Division of Wild Lile and the Department of Natural Resources pertaining to such Division, and now unused, are hereby transferred to the State Game and Fish Commission.
Section 19. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions ct applications which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
Section ::!0. Any person who shall violate any of the rules and regulations promulgated by the Director, with the approval of the Commission, under the authority herein granted shall be guilty of a misdemeanor, and punished as provided by thl! law of Georgia in cases of misdemeanors.
Seeton 21. This Act shall become effective upon its passage by the General Assembly and approval by the Governor.
Section 22. All laws and parts of laws m conflict with this Act be, and the same are hereby repealed.
The following amendments to the substitute to HB 12 were read and adopted:
Messrs. Hicks of Floyd and Bates of Ware move to amend the substitute to HB 12 as follows:
Amend section 3 by striking therefrom the following language where it appears "and three for seven years" and inserting in lieu thereof the following "and two for sev(n years."
Messrs. Hicks of Floyd and Bates of Ware move to amend the substitute to H B 12 as follows:
Amend section 2 by striking the following language where it appears "and one additional member from one of the following named counties, to wit: Chatham, Bryan, Liherty, Mcintosh, Glynn or Camden."
By unarimous consent, 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.

THURSDAY, JANUARY 21, 1943

173

On the passage of the bill, by substitute as amended, the ayes were 150, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute as amended.
HB 15. By Messrs. McCracken of Jefferson, Phillips of Columbia, McNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Hagan of Screven, Burnside of McDuffie, Foster of Paulding, Hand of Mitchell, Fortson of Wilkes, Etheridge of Fulton, Key of Jasper, Smith of Muscogee, Holley and Nicholson of Richmond, Thurmond of Hall, Gowen of Glynn, Hurst and Goldberg of Coweta, Cowart of Lowndes, Ray of Warren, Mason of Moragn, Mims of Miller, Drake of Seminole, and Rossee of Putnam.
A bill to be entitled an act to amend section 18 of an act approved February 26, 1937 (Georgia Laws 1937 pp. 355.368) set forth in the 1933 Georgia code, annotated, supplemt>nt, as section 99-434 relating to abolition of boar.! of control and transfer of its functions to the Board of Public Welfare, so as to provide that the authority, powers, duties and supervision be transferred to State Board of Education, and for other purposes.
Hy unanimous consent, HB 15 was tabled.
HB 22. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend chapter 9-5 entitled disbarment proceedings of the 1933 code by fixing the time of instituting the proceedings; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the House was read and adopted:
HR 39. By Messrs. Mims of Miller, Gillis of Treutlen, Drake of Seminole, Burton of Lee, and Riddlespurger of Colquitt:
A resolution to investigate the peanut problem in Georgia, and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary t~ereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill
of the House to wit:

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JOURNAL OF THE HOUSE,

HB 46. By Messrs. Gowen of Glynn; Grayson of Chatham; Durden of Dougherty and others:
A bill to be entitled an act to make appropriations for the operations of the state government for period January 1, 1943 to June 30, 1943 ; to repeal parts of 1937 appropriation act and for other purposes.
Mr. Gardner of Mitchell arose to point of personal privilege and addressed the House.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bill of the House, to wit:

HB 22.

Respectfully submitted,

Branch, of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bill of the House, to wit:

HB 46

Respectfully submitted,

Johnson, of Chattahoochee, Chairman.

Mr. Hand of Mitchell moved that the House do now adjourn and the motion prevailed.
Leaves of absence were granted Messrs. Gilbert of Glynn, Battles of Decatur, and Burton of Lee.
The speaker announced the House 'adjourned until tomorrow at 10:00 o'clock.

FRIDAY, JANUARY 22, 1943

175

Representative Hall, Atlanta, Georgia. Friday, January 22, 1943.

The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to orrler by the speaker and opened with a 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. 2. First readings and reference of House bills and resolution.s 3. Reports of standing committees.

4. Second reading of bills and resolutions favorably reported.

5. First reading and reference of Senate bill~' . ..

1 ...

<

6. Third rf'ading and passage of uncontested local ;aills.

The following message was received from the Senate, through Mr. Nevin, the

Secretary thereof.

~..

Mr. Speaker:

- ... ,.._,_

~



0

,. . '~

The Senate has passed by the requ1s1te constitutional majority the followi~g;..
bills of the Senate and House to wit:

SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, and others:
A bill to amend the code of Georgia to provide additional qualifications and experience for the state auditor, to fix the term of office, the election thereof; and for other purposes.

SB 41. By Senator Millican of the 52nd:
A bill to amend an act providing for supplementing the funds of the county board of education of all counties having a population of not less than 200,000; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1. By Messrs. Fortson of Wilkes, Burnside of McDuffie, Grayson of Charham and others:
A bill to reorganize the board of regents of the university system of Georgia; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:

Mr. Speaker:
The Senate has adopted by the reqms1te constitutional majority the following resolutions of the Senate and House to wit:

SR 16. By Senators Eubanks of the 29th, Raynor of the 4th:
A resolution to inculcate the proper sense of discipline among the youth of school age; and for other purposes.

SR 22. By Senator Dean of the 34th:
A resolution authorizing county commissioners of Rockdale county to pay premiums on surety bonds of county officials ; and for other purposes.

HR 12-16a. By Messrs. Grayson of Chatham, Nicholson of Richmond, Holley of Richmond and others:
A resolution committing the state government to a policy of complett> cooperation with the President of the United States and the national government in the prosecution of the war.
By unanimous consent, the following bills and resolution of the House we>:e introduced, read the first time and referred to the committees:

HB 138. By Messrs. Daves of Dooly, Allison of Gwinnett, Rossee of Putnam, Deal of Bulloch, and Sumner of Worth:
A bill to be entitled an act to regulate and license maternity homes and authorize the state board of health, to inspect such homes; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 139. By Messrs. Daves of Dooly, Allison of Gwinnett, Rossee of Putnam, Deal of Bulloch, and Sumner of Worth:
A bill to be entitled an act to authorize the state board of health t:> acquire such laboratories and hospitais or other property necessary to carry out the public health program in this state, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

FRIDAY, JANUARY 22, 1943

177

HB 140. By Messrs. Daves of Dooly, Allison of Gwinett, Rossee of Putnam, Deal of Bullich, and Sumner of Worth:
A bill to be entitled an act to authorize the Georgia department of public health to destroy certain correspondence, records, and reports after two years; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 141. By Messrs. Caldwell, Hill and Dallis of Troup: A bill to be entitled an act to amend the charter of the city of LaGrange, so as to extend the corporate limits of the city; and for other- purposes.
Referred to Committee on lVIunicipal Government.

HB 142. By .Messrs. Goldberg and Hurst of Coweta: A bill to be entitled an act to repeal code section 92-512 of the Georgi,, code of 1933 (Ga. Laws 1935, page 83), and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 143. B} Mr. Boynton of Union: A bill to be entitled an act to repeal the law found on pp. 217-218 of the acts of 1927, relating to no fence laws in certain mountain areas; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 144. By Mr. Etheridge of Fulton: A bill to be entitled an act to create a Georgia examining board for barbers and hairdressers, and to regulate barbers and hairdressers; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 145. By Messrs. Hightower and Swint of Spalding: A bill to be entitled an act to cede and convey to the City of Griffin the simple title to a tract of land known as Camp Northern; and for othe; purposes.
HB 146. By Mr. Norman of Henry: A bill to be entitled an act to abolish the city court of Henry county; anJ for other purposes.
Referred to Committee on Special Judiciary.

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JOURNAL OF THE HOUSE,

HB 147. By Mr. Campbell of Newton:
A bill to be entitled an act to prohibit the running at large of certain domestic animals on paved public highways of this state; and for other purposes.
Referred to Committee on Public Highways No. 2.
HB 148. By Mr. Campbell of Newton:
A bill to be entitled an act to repeal section 26-2402 of the code of 1933 and substitute a new section to provide the death penalty for burglarizing an occupied dwelling; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 149. By Mr. Thigpen of Glascock:
A bill to be entitled an act to create and establish an election canvassing board for the state of Georgia; and for other purposes.
Referred to Committee on Privileges and Elections.
HB 150. By Mr. Thigpen of Glascock:
A bill to be entitled an act to repeal sections 34-1401 ( 34-1402 and 34-1403 relating to blank forms, tally sheets, and lists of voters used in holding elections, and repeal paragraph 7 of section 40-601, and substituting a new paragraph 7 prescribing the duties of the secretary of State with reference to such forms; and for other purposes.
Referred to Committee on Privileges and Elections.
HB 151. By Messrs. Allison of Gwinnett, Durden of Dougherty, Culpepper of Fayette, Thurmond of Hall, McCracken of Jefferson, and Park of Greene: A bill to be entitled an act to amend and revise the laws relating to cost collected in cases in the supreme court and court of appeals, to provide for payment and report of such cost monthly to the state treasurer, and fixing salaries of certain court attaches; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 152. By Mr. Key of Jasper:
A bill to be entitled an act to provide for the suspension by court order upon petition of parties at interest of any trustee, administrator, executor, guardian, or other fiduciary who enters the war service, and for other purposes.
Referred to Committee on General Judiciary No. 1.

FRIDAY, JANUARY 22, 1943

179

HB 153. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to empower the board of commissioners of roads and revenues, or other governing body in counties having population of 200,000 or more to acquire real estate by purchase or condemnation to aid in slum clearance, promote sanitation, abate or remove a health nuisance; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 40-153A. By Messrs. Dorsey of Cobb, Mavity of Walker, and Wright of Gilmer:
A resolution to confirm, renew and continue a resolution approved March 6, 1941, (Ga. Laws 1941, pp. 1850-1852), relating to boundary line between Georgia and Tennessee; and for other purposes.
Referred to Committee on Public Property.

HB 154. By Messrs. Hand of Mitchell and Smith of Muscogee:
A bill to be entitled an act to amend the income tax law by providing that alimony and separate maintenance received by a wife shall constitute income to said wife, and that the husband may deduct such payments from his gross income ; and for other purposes.
Referred to Committee on Ways and Means.

HB 155. By Mr. Norman of Henry:

A bill to be entitled an act to provide for the holding of three terms of the superior court each year in Henry county; and for other purposes.
Referred to Committee on Special Judiciary.

Mr. Hatchett of Meriwether 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 recommendations:

HB 91. Do Pass

Respectfully submitted,

Hatchett of Meriwether, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bill and resolution of the House to wit:

HB 1.

HR 12.

Respectfully submitted,

Johnson of Chattahoochee,

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary No. 1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 94. Do Pass

Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Thrash of Coffee County, Chairman of the Committee on Education No. 1, submitted the following report:

Mr. Speaker:

Your Committee on Education No. 1, have had under consideration the following bills of the House and Senate and have nstructed me as Chairman, to report the same back to the House with the following recommendations:

HB 14. Do Pass

H B 24. Do Pass

HB 59. Do Pass

SB 3. Do Pass

Respectfully submitted,

Thrash of Coffee, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State n Republic, submitted the followir1g report:
Mr. Speaker: Your Committee on State of Republic have had under consideration the follow-

FRIDAY, JANUARY 22, 1943

181

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:
SB 21. Do Pass
SB 10. Do Pass
SB 7. Do Pass
HB 6. Do Pass
HB 67. Do Pass
HB 108. Do Pass
HB 124. Do Pass
HB 20. Do Pass by committee substitute
HB 5. Do Pass by committee substitute
Respectfully submitted,
McCracken of Jefferson, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read for the second time:
HB 91. By Sheppard of Heard:
A bill to be entitled an act to provide that members of county board of education may be paid a per diem not to exceed $5.00 for each day's actual service; and for other purposes.
HB 94. By Messrs. Burnside of McDuffie and Rountree of Emanuel:
A bill to be entitled an act to provide the furnishing of blank forms for process and service to justices of peace and constables; and for other purposes.
HB 14. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, Connell of Lowndes, Burnside of McDuffie, MeN all and Grayson of Chatham, Durden of Dougherty, Hand of Mitchell, Fortson of Wilkes, Etheridge of Fulton, Foster of Paulding, Gowen of Glynn, Hurst and Goldberg of Coweta, Cheshire of Colquitt, Mason of Morgan. Mims of Miller, Drake of Seminole, Rossee of Putnam, and Hagan of Screven:
A bill to be entitled an act to amend section 32-1301 of the code of Georgia of 1933, relating to borrowing money for payment of public school teachers to provide notes therefor shall not mature later than last day of fiscal year of state; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 24. By Messrs. Hatchett and Thompson of Meriwether:

A bill to be entitled an act to amend chapter 32-21 of code of 1933 entitled

"Compulsory school attendance" so that compulsory school attendance may

be enforced for children within the ages of six and sixteen until such child

finishes the ninth grade; and for other purposes.

-

HB 59. By Mr. Strickland of Haralson:
A bill to be entitled an act to amend section 32-2401 of the code of 1933 with regard to adult illiteracy so as to authorize county school superintendents to employ clerical help; and for other purposes.

SB 3. By Senators Eubank of the 29th, Harrison of the 17th, Gross of the 36th, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st and Foster of the 40th:
A bill to be entitled an act to reorganize the state board of education by abolishing the present board and by providing for a new board ; to provide for the membership, appointment, qualifications; term of office, tenure, filling of vacancies, powers and duties of the new state board of education; to revise the laws relative o the state board of education; to amend those portions of section 1 of the act of the General Assembly, approved February 10, 1937 (Georgia Laws 1937, page 864) relating to the state board of education, its creation, members, appointment, terms of office and vacancies, so as to conform to this act ; and for other purposes.

SB 21. By Senators Arnall of the 36th, Ingram of the 51st:
A bill to be entitled an act to make the term of the commissioner of agriculture concurrent with that of the Governor; to provide the time for election ; and for other purposes.

SB 10. By Senators Forester of the 44th, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of th~ 19th, Kennedy of the 2nd, Arnall of the 36th, Ingram of the 51st, and Millican of the 52nd districts.
A bill to democratize the administration of certain boards, departments and authorities of the state government by removing the Governor as a member; and for oher purposes.

SB 7. By Senators Terrell of the 19th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Forester of the 44th, Ingram of the 51st, and Dean of the 34th districts.
A bill to be entitled an act to repeal an act entitled an act to provide for the suspension of the state treasurer and the comptroller general ; and for

FRIDAY, JANUARY 22, 1943

183

other purposes, approved February 6, 1941, {Georgia Laws 1941, pages 295-297) ; and for other purposes.
HB 6. By Messrs. Welsch of Cobb, McCracken of Jefferson, Phillips of Columbi:~, Thurmond of Hall, Foster of Paulding, Hand of Mitchell, Gowen of Glynn, Grayson and MeNall of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Hagan of Screven, Key of Jasper, Hurst of Coweta, Ray of Warren, Goldberg of Coweta, Smith of Dougherty, Cheshire and Riddlespurger of Colquitt, Fortson of Wilkes, Mason of Morgan, Smith of Muscogee, and Nicholson and Holley of Richmond:
A bill to be entitled an act to revise laws relating to penal administration and to change name of the prison and parole commission; and for other purposes.

HB 67. By Messrs. Deal and Brunson of Bulloch, Turner, Broome and Hubert of DeKalb:
A bill to be entitled an act to fix the salary of the Deputy Insurance Commissioner of Georgia; and for other purposes.

HB 108. By Messrs. Thurmond of Hall, Ray of Warren and McCamy of Whitfield:
A bill to be entitled an act to fix the salary of the director of the department of public health; and for other purposes.
HB 124. By Messrs. McCracken of Jefferson, Burnside of McDuffie, McNall of Chatham, Gowen of Glynn, Ferguson of Camden, Durden of Dougherty, Thurmond of Hall, Smith of Dougherty, Connell of Lowndes, Harden of Turner, Welsch of Cobb, Hicks of Floyd, Hurst of Coweta, Smith of Washington, Bargeron of Burke, McCamy of Whitfield, Ray of Warren, Gardner of Mitchell, Waller of Whitfield, Thigpen of Glascock, Salter of Upson, Deal and Brunson of Bulloch, Branch of Tift, Miller of Lanier, Hand of Mitchell, Peck of Dade, Easler of Crawford, Etheridge of Fulton, Minchew of Atkinson, Holley of Richmond, Goldberg of Coweta, and Key of Jasper.
A bill to be entitled an act to abolish the department of revenue and create a department of finance and taxation; and for other purposes.

HB 20. By Messrs. Welsch of Cobb, and Campbell of Newton: A bill to be entitled an act to amend an act, Georgia Laws 1941, pp. 427 being the ''Eastern standard time law" ; and for other purposes.
HB 5. By Messrs. Welsch of Cobb, McCracken of Jefferson, Phillips of Columbia, MeNall of Chatham, Durden of Dougherty, Gowen of Glynn, Thurmond of Hall, Connell of Lowndes, Burnside of McDuffie, Grayson of Chatham,

184

JOURNAL OF THE HOUSE,

Foster of Paulding, Hand of Mitchell, Key of Jasper, Hurst and Goldberg of Coweta, Ray of Warren, Cowart of Lowndes, Fortson of Wilkes, Mason of Morgan and Hagan of Screven:
A bill to be entitled an act to provide for appointment of members of the state board of pardons and paroles, and to prescribe the powers of said board ; 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:

SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Dean of the 34th districts:
A bill to be entitled an act to amend section 40-1801 of the code of 1933 so as to provide and fix the qualifications of the state auditor; to provide for the election of the same; and for other purposes.
Referred to the Committee on State of Republic.

SB 41. By Senator Millican of the 52nd District:
A bill to be entitled an act to amend the acts which provide for the sup plementing of the funds of the county boards of education in counties with a population of more than 200,000; and for other purposes.
Referred to the Committee on Counties and County Matters.
SR 16. By Senator Eubank of the 29th district:
A resolution to inculcate the proper sense of discipline among the youth of schpol age; to provide voluntary drill; and for other purposes. Referred to the Committee on Education No. 2.

SR 22. By Senator Dean of the 34th district:
A resolution to authorize the county comm1sswners of the County of Rockdale to pay the premium on the surety bonds for the various county officials; and for other purposes.
Referred to the Committee on Counties and County Matters.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:

HB 80. By Messrs. Alexander, Grayson and McNall of Chatham.
A bill to be entitled an act to amend the charter of the City of Savannah by creating a budget commission; and for other purposes.

FRIDAY, JANUARY 22, 1943

185

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 110. By Mr. Willoughby of Clinch: A bill to be entitled an act to create and establish the county court for the County of Clinch; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the House was read and adopted:
HR 41. By Messrs. Hand of Mitchell, Cates and Bargeron of Burke, Connell of Lowndes, Culpepper of Fayette, and Reid of Carroll:

A RESOLUTION
WHEREAS, the Honorable Ralph E. Lewis of Burke county for many years a distinguished and gifted member of this House was elected without opposition,
AND WHEREAS, because of Honorable Ralph E. Lewis' high ideals and patriotism he resigned from the legislature and for the second time left his private business and volunteered for duty in his country's armed forces;
THEREFORE, be it resolved by this House now in session that the Honorable Ralph E. Lewis be commended for his unselfish and patriotic motive and that a copy of this resolution be forwarded to him.
Under call of the Chairman of the Committee on Appropriations, the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 47. By Messrs. Gowen of Glynn, Grayson of Chatham, Durden of Dougherty, Burnside of McDuffie, Connell of Lowndes, MeNall of Chatham, Key of Jasper, Phillips of Columbia, Thurmond of Hall, Hand of Mitchell, McCracken of Jefferson, Caldwell of Troup, Fortson of Wilkes, Hur5t and Goldberg of Coweta, Allison of Gwinnett and Price of Clarke:
A bill to be entitled an act to make appropriations for the operation of the state government for the fiscal year ending June 30, 1944, and year thereafter until repealed; and for other purposes.

186

JOURNAL OF THE HOUSE,

Mr. Gowen of Glynn asked unanimous consent, the reading of the bill in its entirety be dispensed with, both in the House and in the committee of the whole House and that the committee of the whole House be instructed to consider the bill item by item and section by section, paragraph by paragraph and that as the items, sections, and paragraphs were read they were automatically dopted unless objections were heard. The consent was granted, and the committee of the whole House was so instructed.
The House was resolved in a committee of the whole House for the consideration of HB 47, with instructions that the bill be acted on paragraph by paragraph, item by item and section by section, and the speaker designated Mr. Grayson of Chatham as chairman thereof.
The committee of the whole House arose and through its chairman reported HB 47 back to the House with the recommendation that the same do pass.

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

Those voting in the affirmative were :

Alexander Allison Alwood Anderson Bates Barfield Bargeron Bennett Bentley Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland

Cowart Crummey Culpepper Curry Dallis Dalton Deal Dorsett Dorsey Drake Dukes DuPree Durden Dyal Easler Edwards Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaston Gavin Gholston Giddens Goldberg

Gowen Graham Gray Grayson Grene of Jones Greene of Schley Guerry Guyton Hand Harden Har!ly Hart of Quitman Hart of Thomas Hartness Hatchett Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner

FRIDAY, JANUARY 22, 1943

187

Johns Johnston Jones Kelly of Walker Kendrick Key Littlejohn Livingston Looper Malone Mankin Martin Mason Maund McCamy McCracken McEntire Mcintosh McNall Medders Mims Minchew Mitchell Mixon Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Norman

Odom Ogburn Overby Padgett Park Peck Pettit Phillips Porter Powell Price Pruitt Ray Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sheppard Smiley Smith of Carroll Smith of Dougherty

Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welsch Wells of Ben Hill Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn

Those not voting were:

Adams Baker Boone Burton Daves Dunn Elliott Ennis Gaskins Gilbert Gillis Hagan

Heard

.Moate

Holley

Moore of Taliaferro

Hooks

Oliver

Howard

Pannell

Johnson of Chattahoochee Parker

Johnson of Pike

Pirkle

Kelly of Thomas

Rees

Knabb

Sharpe

Mabry

Sills

Mavity

Swint

Miller

Wells of Telfair

Mills

Mr. Speaker

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By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 168, the nays 0.
Mr. Durden of Dougherty moved that the House do now adjourn until Monday morning at 11:00 o'clock and the motion prevailed.
Leave of absence was granted Mr. Nicholson of Oconee.
The speaker announced the House adjourned until Monday morning at 11 :00 o'clock.

MONDAY, JANUARY 25, 1943

189

Representative Hall, Atlanta, Georgia. Monday, January 25, 1943.

The house met pursuant to adjournment this day at 11 :00 A. M., and was called to order by the speaker and opened with a prayer by the chaplain.

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

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Bowen Boynton Branch Bridges Broome Brunson Burnside Burton Bynum Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark connell Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey

Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard

Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity Maund McCamy McCracken McEntire

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JOURNAL OF THE HOUSE,

Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odum Ogburn Oliver Overby Padgett Pannell Park Parker Peck Pettit Phillips

Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Russell Salter Sharpe Sheppard Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks

Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff 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. 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. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.

MONDAY, JANUARY 25, 1943

191

By unanimous consent, the following bills and resolutions of the House were introduced, read for the first time and referred to the committees:

HB 156. By Messrs. Harris of Richmond, Durden of Dougherty, G.rayson of Chatham, Gowen of Glynn, McCracken of Jefferson, Fortson of Wilkes, Mitchell of Monroe, Peck of Dade, Hurst of Coweta, Foster of Paulding, MeNall of Chatham, Ferguson of Camden, Boynton of Union, Gillis of Treutlen, and McCamy of Whitfield:
A bill to be entitled an act to abolish the department of natural resources and subdivisions thereof, and transfer the department to the state highway board ; and for other purposes.
Referred to Committee on State of Republic.

HB 157. By Messrs. Riddlespurger of Colquitt, Broome and Hubert of DeKalb, Nicholson of Richmond, Ogburn of Laurens, Peck of Dade, Malone of Laurens, and Ray of Warren:
A bill to be entitled an act to require the publication of registered voters' lists in each county of the state, and to provide for correction of the same; and for other purposes.
Referred to Committee on State of Republic.

HB 158. By Messrs. Riddlespurger of Colquitt, Hubert and Broome of DeKalb, Nicholson of Richmond, Ogburn of Laurens, Peck of Dade, and Malone of Laurens:
A bill to be entitled an act to require the preparation and publication of the receipt and disbursement of public funds by fiscal authorities of counties and municipalities; and for other purposes.
Referred to Committee on State of Republic.

HB 159. By Messrs. Riddlespurger of Colquitt, Broome and Hubert of DeKalb, Nicholson of Richmond, Peck of Dade, Ogburn and Malone of Laurens, and Ray of Warren:
A bill to be entitled an act to preserve the eligibility of certain newspapers as official organs when such newspapers have been forced to suspend publication due to the war; and for other purposes.
Referred to Committee on State of Republic.

HB 160. By Messrs. Riddlespurger of Colquitt, Broome of DeKalb, Nicholson of Richmond, Ogburn and Malone of Laurens, and Peck of Dade:
A bill to be entitled an act to abolish the present industrial board of the

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JOURNAL OF THE HOUSE,

department of labor and create in lieu thereof a state board of workmen's compensation; and for other purposes.
Referred to Committee on Industrial Relations.

HB 161. By Messrs. Riddlespurger of Colquitt, Broome and Hubert of DeKalb, Nicholson of Richmond, Ogburn and Malone of Laurens, Peck of Dad!", and Ray of Warren :
A bill to be entitled an act to amend section 56-403 of the Code of 1933 to require the insurance commissioner to furnish forms to insurance companies for making semi-annual statements; and for other purposes.
Referred to Committee on Insurance.

HB 162. By Messrs. Thigpen of Glascock, Fortson of Wilkes, and Clark olf Catoosa:
A bill to be entitled an act to amend section 34-1904 of the code of 1933 by adding a proviso that candidates must file a petition from not less than five per cent of the registered voters; and for other purposes.
Referred to Committee on Privileges and Elections.

HB 163. By Messrs. Thigpen of Glascock, Fortson of Wilkes, and Clark of Catoosa:
A bill to be entitled an act to amend section 34-406 of the code of 1933 to require the clerk of the superior court to file with the secretary of state a certificate showing the number of registered voters in his county; and for other purposes.
Referred to Committee on Privileges and Elections.

HB 164. By Messrs. Thigpen of Glascock, Fortson of Wilkes, and Clark of Catoosa:
A bill to be entitled an act to amend chapter 34-32 of the code of 1933 by adding a new section to be known as section 34-3215A to provide the chairman and secretary of the state committee of any political party must certify to the secretary of state the names of candidates; and for other purposes.
Referred to Committee on Privileges and Elections.

HB 165. By Messrs. Bates of Ware and Gholston of Madison:
A bill to be entitled an act to create scholarships to be given students at the University of Georgia School of Medicine, to appropriate money for same; and for other purposes.

MONDAY, JANUARY 25, 1943

193

HB 166. By Mr. Mabry of Sumter:
A bill to be entitled an act to require all manufacturers and mixers of paint sold in Georgia shall be properly labeled to show the ingredients of said paint; and for other purposes.
Referred to Committee on Manufactures.

HB 167. By Mr. McNall of Chatham:
A bill to be entitled an act fixing the maximum interest rate to be charged for lending money on assignment of wages; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 168. By Messrs. McNall of Chatham, Culpepper of Fayette, Sparks of Towns, Boynton of Union, Strickland of Haralson, Allison of Gwinnett, Cheshire and Riddlespurger of Colquitt, Moore of Baldwin, Bynum of Rabun, Key of Jasper, Maund of Talbot, Curry of Randolph, Hicks and Littlejohn of Floyd, Thurmond and Roper of Hall, Bates of Ware, Gowen of Glynn, Guyton of Effingham, Welsch of Cobb, and Alexander of Chatham:
A bill to be entitled an act designating certain fish as fresh water gam~ fish, to provide for fishing seasons, method of fishing; and for other purposes.
Referred to Committee on Game and Fish.
HB 169: By Mr. Welsch of Cobb:
A bill to be entitled an act to provide that terms of appointments made by the Governor shall expire with his term of office; and for other purposes. Referred to Committee on State of Republic.

H B 170. By Mr. Reynolds of Clayton :
A bill to be entitled an act to repeal the act approved Feb. 3, 1939, known as Clayton county zoning act; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 171. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal section 2 of an act approved March 12, 1941, {Georgia Laws 1941, pp. 825-826), known as Clayton county tax commissioner, clerk, salary act; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 172. By Messrs. Price and Hill of Clarke: A bill to be entitled an act to authorize any and all eleemosynary or religious

194

JOURNAL OF THE HOUSE,

corporations chartered to conduct schools, to own and operate pnntmg plants; to own and operate hospitals and any and all kinds of institutions for the alleviation of pain and suffering; and for other purposes.
Referred to Committee on State of Republic.
HB 173. By Messrs. Bennett and Bates of Ware:
A bill to be entitled an act to amend the charter of the City of Waycross, to provide for the election of the recorder by the city commission; and for other purposes.
Referred to Committee on Municipal Government.
HB 174. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to amend the act providing for exemption of taxation to the owner of personal property by providing for applications to be filed by May l, instead of April 1, of each year; and for other purposes.
Referred to Committee on Ways and Means.
HB 175. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to amend the act providing for homestead exemption from taxation to provide for filing application for exemption by May 1, instead of April l, of each year; and for other purposes.
Referred to Committee on Ways and Means.
HB 176. By Mr. Johnson of Chattahoochee:
A bill to be entitled an act to set the time for holding superior court of Chattahoochee county on the fourth Mondays in March and September instead of the third Mondays; and for other purposes.
Referred to Committee on Special Judiciary.

HB 177. By Messrs. Burnside of McDuffie, Hicks of Floyd, and Fortson of Wilkes:
A bill to be entitled an act to amend an act creating the department of public safety so as to provide certain fees for sheriffs; and for other purposes.
Referred to Committee on State of Republic.

HR 42-177A. By Mr. Reynolds of Clayton: A resolution proposing an amendment to article 6, section 15 of the con-

MONDAY, JANUARY 25, 1943

195

stitution by striking paragraph 1 of said section and substituting the following words: "only one verdict of a jury is required in order to secure a total divorce" ; and for other purposes.

Referred to Committee on Amendments to Constitution No.2.

HB 178. By Mr. Sharpe of Toombs:
A bill to be entitled an act to incorporate Wigwan City, in Appling county, as a municipality, to grant a charter, and for other purposes.
Referred to Committee on Municipal Government.

HB 179. By Mr. Harris of Richmond.
A bill to be entitled an act to amend an act fixing the salary of the attorney general of Georgia, and fo,r other purposes.

Referred to Committee on State of Republic.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills of the House to wit:

HB 12. HB 36.

HB 39.

HB 47.

HB 63. HB 95.

HB 96.

HB 80.

HB 110.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on General Judiciary No. 1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 93. Do Pass as amended Respectfully submitted,

Mixon of .Irwin, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 8. Do Pass

Respectfully submitted,
McCracken of Jefferson, Chairman.

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

HB 93. By Messrs. Burnside of McDuffie and Rountree of Emanuel:
A bill to be entitled an act to provide the manner in which justices of the peace and notaries public ex-offcio justices of the peace and constables shall be compensated in criminal cases; to repeal conflicting laws; and for other purposes.

SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Dean of the 34th districts.
A bill to be entitled an act to amend section 40-1801 of the code of Georgia of 1933 so as to provide additional qualifications and experience for state auditor, to fix the term of office, the election of a state auditor; and for other purposes.

Mr. Connell of Lowndes asked unanimous consent that the following bill of the House be withdrawn from the Committee on Counties and County Matters and recommitted to the Committee on Municipal Government:

MONDAY, JANUARY 25, 1943

197

HB 111. By Messrs. Bennett and Bates of Ware:

A bill to be entitled an act to amend the charter of the City of Waycross by creating a city authority and to authorize the operation of self liquidating public utilities; and for other purposes.

The unanimous consent request was granted.

Under the regular order of business the following bills of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

SB 3.

By Senators Eubank of the 29th, Harrison of the_ 17th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, and Foster of the 40th districts.

A bill to be entitled an act to reorganize the present state board of education by abolishing it and providing for a new board; and for other purposes.

The report of the committee, which was favorable to the pa~sage of the bill, was agreed to.

On the passage of the bill, the ayes were 135, the nays 0.

The bill having received the requisite constitutional majority was passed.

SB 7.

By Senators Terrell of the 19th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Harrison of the 71th, Eubank of the 29th, Pope of the 7th, Forester of the 44th, Ingram of the 51st, and Dean of the 34th districts.

A bill to be entitled an act to repeal the act providing for the suspension of the state treasurer and comptroller 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 130, the nays 0.

The bill having received the requisite constitutional majority was passed.

SB 10. By Senators Forester of the 44th, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Kennedy of the 2nd, Arnall of the 36th, Ingram of the 51st, and Millican of the 52nd districts.
A bill to be entitled an act to democratize the administration of certain boards, departments and authorities of the state government by removing the Governor as a member; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 127, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 5. By Messrs. Welsch of Cobb, McCracken of Jefferson, and Phillips of Columbia:
A bill to be entitled an act to provide for appointment of members of the state board of pardons and paroles, and to provide the powers of said board; and for other purposes.
Mr. Fortson of Wilkes, asked unanimous consent, that further consideration of HB 5 be postponed until Wednesday, January 27, 1943, and the consent was granted.
HB 6. By Messrs. Welsch of Cobb, McCracken of Jefferson, Phillips of Columbia, and Thurmond of Hall.
A bill to be entitled an act to revise laws relating to penal administration and to change the name of the prison and parole commission, to continue the present prison and parole commission in office, to take from the prison and parole commission all its powers and duties relating to pardons and paroles, to provide for the state board of prisons; and for other purposes.
Mr. Fortson of Wilkes asked unanimous consent, that further consideration of HB 6 be postponed until Wednesday, January 27, 19493, and the consent wa~ granted.
SB 21. By Senators Arnall of the 36th and Ingram of the 51st districts:
A bill to be entitled an act to make the term of office of the commissioner of agriculture concurrent with that of the governor, to provide the time of election ; and for other purposes.
Mr. Fortson of Wilkes asked unanimous consent that further consideration t.f SB 21, be postponed until Wednesday, January 27, 1943, and the consent was granted.
HB 14. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Key of Jasper, Hurst and Goldberg of Coweta, Grayson and MeN all of Chatham, Connell of Lowndes, Burnside of McDuffie, Durden of Dougherty, Hand of Mitchell, Fortson of Wilkes, Etheridge of Fulton, Foster of Paulding, Gowen of Glynn, Cheshire of Colquitt, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, and Hagan of Screven:
A bill to be entitled an act to amend section 32-1301 of the code of 1933, relating to the borrowing of money for payment of public school teachers so as to provide that notes therefor shall not mature later than the last day of the fiscal year of the state; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, JANUARY 25, 1943

199

On the passage of the bill, the ayes were 134, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 29. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to amend section 52-105 of the code of 1933. relating to liens of inn keepers so as to include hospitals also; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, the nays 80. The bill having failed to receive the requisite constitutional majority was lost.
HB 20. By Messrs. Welsch of Cobb and Campbell of Newton: A bill to be entitled an act to amend the eastern standard time law so as to substitute central standard war time therefor; and for other purposes.
Mr. Welsch of Cobb asked unanimous consent that further consideration of HB 20 be postponed until Wednesday, January 27, 1943 and the consent was granted.
HB 24. By Messrs. Hatchett and Thompson of Meriwether: A bill to be entitled an act to amend the compulsory school attendance la\V so as to provide that children within th.e ages of six and sixteen shall attend until they finish the ninth grade ; and for other purposes.
Mr. Ray of Warren moved that further consideration of HB 24 be postponed until Tuesday, January 26, 1943 and the motion prevailed.
Mr. Odom of Baker moved that the House do now adjourn until tomorrow morning at 10:00 o'clock: and the motion was lost.
The following message was received from the Senate through Mr. Nevin the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 32. By Senators Pittman of the 42nd and Forester of the 44th districts: A bill to amend an act approved March 21, 1941 so as to provide central standard time for the state of Georgia; and for other purposes.
Mr. Fortson of Wilkes moved that the House adjourn and the motion prevailed. Leave of absence was granted Mr. Gardner of Mitchell. The Speaker of the House announced the House adjourned until tomorrow morning at 10:00 o'clock:.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.
Tuesday, January 26, 1943.
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 a 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. Mr. Thompson of Meriwether gave notice that at th~ proper time he would move that the House reconsider its action in failing to pass the following bill of the House:
HB 29. By Messrs. Thompson and Hatchett of Meriwether:
A bill to be entitled an act to amend section 52-105 Ga. code of 1933 relating to liens of innkeepers so as to provide for liens for hospitals; and for other purposes.
Mr. Greene of Jones presented his four year old daughter to the House who sang two songs.
By unanimous consent, the following was established the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.
Mr. Bynum of Rabun arose to a point of personal privilege and addressed the House.
The speaker introduced Judge Price Gilbert of the City of Brunswick, newly appointed member of the board of regents to the House at this time.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time, and referred to the committees:
HB 180. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:

TUESDAY, JANUARY 26, 1943

201

A bill to be entitled an act to amend the charter of the City of Atlanta by extending the boundaries to include the Buckhead territory; to provide for a referendum, and for other purposes.
Referred to Committee on Municipal Government.

HB 181. By lVIessrs. Harris and Nicholson of Richmond:
A bill to be entitled an act to amend the act of March 30, 1937 (Georgia Laws, pp. 1101-1104) creating justices emeritus and advisory appellate council so as to make judges of the superior courts eligible after twenty years continuous service who have reached the age of seventy; and for other purposes.
Referred to Committee on General Judiciary No. l.
HB 182. By Messrs. Alexander and Grayson of Chatham:
A bill to be entitled an act to authorize recovery of attorney's fees and expenses by executors in wills which are contested and determined to b~ invalid when such persons in good faith offer the same for probate; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 183. By Messrs. Key of Jasper, Fortson of Wilkes, Malone and Ogburn of Laurens, Russell of White and Padgett of Echols:
A bill to be entitled an act to provide revenue for the purpose of paying annuities and benefits to the peace officers of the state ; to provide for a commission to receive and disburse such funds, and for other purposes. Referred to Committee on State of Republic.
HB 184. By Messrs. Dyal of Appling, Gillis of Treutlen and Adams of Wheeler:
A bill to be entitled an act to make it unlawful to use force of violence !o attempt to prevent any person from engaging in any lawful vocation; to prevent a person from acting in concert with other persons to assemble N prevent any person from engaging in work; to define the term "Labor dispute", and for other purposes.
Referred to Committee on Industrial Relation.
HB 185. By Messrs. Foster of Paulding, Welsch of Cobb, Fortson of Wilkes, Gilbert of Glynn, McCamy of Whitfield, and Gillis of Treutlen:
A bill to be entitled an act to amend an act approved March 24, 1939, (Ga. Laws 1939, pp. 305-307), as amended by an act approved March 27, 1941. (Ga. Laws 1941, pp. 384-385), so as to provide publication of each proposed constitutional amendment in one newspaper in each congressional

202

JOURNAL OF THE HOUSE,

district, and a concise summary in every official organ for two weeks; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
HB 186. By Messrs. Hicks, Littlejohn and Baker, of Floyd:
A bill to be entitled an act to amend the charter of the city of Rome to create a retirement fund for the benefit of certain employees of the city; to provide for the raising of such retirement fund; and for other purposes.
Referred to Committee on Municipal Government.

HB 187. By Messrs. Hicks, Littlejohn and Baker, of Floyd:
A bill to be entitled an act to amend the charter of the city of Rome to provide that in case of a vacancy in office the vacancy shall be filled by the city commission; and for other purposes.
Referred to Committee on Municipal Government.

HB 188. By Mr. Hartness of Fannin: A bill to be entitled an act to require the payment of fees of clerks and sheriffs of the superior courts in divorce cases; and for other purposes. Referred to Committee on General Judiciary No. 1.
HB 189. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: A bill to be entitled an act to create a civil service board in Fulton county, define the duties of said board; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 190. By Messrs. Easler of Crawford and Kendrick of Fulton: A bill to be entitled an act to provide that all persons delinquent in the payment of poll taxes may be reinstated upon payment of $2.00; and for other purposes.
Referred to Committee on Ways and Means.
HB 191. By Mr. Looper of Dawson: A bill to be entitled an act to amend subsection (b) of section 58-207 of the code of 1933, relating to sale of contraband articles, to p"rovide one-third of the proceeds of the sale go to the public school funds; and for other purposes. Referred to Committee on Counties and County Matters.

TUESDAY, JANUARY 26, 1943

203

HB 192. By Mr. Looper of Dawson:
A bill to be entitled an act to provide for one commissioner of roads and revenues of Dawson county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 193. By Mr. Moore of Taliaferro:
A bill to be entitled an act to amend the act creating the board of commissioners of roads, public buildings and public property and finances, for the counties of Warren and Taliaferro, to authorize said board to employ a clerk; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 194. By Messrs. Allison of Gwinnett, Russell of White, Yawn of Dodge, Sparks of Towns, and Boynton of Union:
A bill to be entitled an act to require the inoculation of dogs against rabies; to provide a rabies inspector in each county; to require the wearing of a tag by all dogs; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 195. By Messrs. Pruitt of Lumpkin, Dorsey of Cobb, Allison of Gwinnett, and Boynton of Union:
A bill to be entitled an act to amend title 101, chapter 101-207, section 101-207, of the code of Georgia of 1933, by striking the words "civil officers, both judicial and ministerial", and inserting the following: "of the following: Clerk ofthe Superior Court, Ordinary, Superior Court Library"; and for other purposes.
Referred to Committee on Public Library.
HB 196. By Messrs. Hubert, Broome, and Turner of DeKalb: A bill to be entitled an act to provide that DeKalb county registrars shall prepare separate voters list for each voting precinct in militia districts containing more than one precinct; and for other purposes.
Referred to Committee on Priveleges and Elections.
HB 197. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to be entitled an act to increase the fees of the coroner of DeKal'> county, and for other purposes.
Referred to Committee on Special Judiciary.
HB 198. By Messrs. Hatchett and Thompson of Meriwether and Culpepper of Fayette:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to provide for the appointment in the several counties of the state of a holding and investment committee of sinking funds; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 43-198A. By Mr. Gaskins of Berrien:
A resolution proposing an amendment to article 7, section 7, paragraph 1. of the constitution of Georgia to authorize the City of Ray City to incur a bonded in'debtedness; and. for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HR 44-198B. By Messrs. Foster of Paulding, Welsch of Cobb, Fortson of Wilkes, Gilbert of Glynn, McCamy of Whitfield, and Gillis of Treutlen:
A resolution proposing an amendment to article 13, section 1, paragraph 1, of the constitution of Georgia providing for the publication of brief summaries of proposed amendments to the constitution instead of complete texts, and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
HR 45-198C. By Mr. Knabb of Charlton:
A resolution authorizing the Governor to execute a deed to Charlton county for certain property which was donated by Charlton county to the state for park: purposes; and for other purposes.
Referred to the Committee on Public Property.

HR 46-198D. By Messrs. Park: of Greene, and Nicholson of Oconee:
A resolution requesting the state highway department to complete the paving of state highway No. 15, as early as possible; and for other purposes.
Referred to Committee on Public Highways No.2.

HR 47-198E. By Messrs. Park: of Greene, Fortson of Wilkes and Rossee cf Putnam.
A resolution requesting the state highway department to pave state highway No. 44, as early as possible; and for other purposes.
Referred to Committee on Public Highways No. 2.
Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

TUESDAY, JANUARY 26, 1943

205

Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bill of the House to wit:

HB 14.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Kendrick of Fulton County, Chairman of the Committee on Industrid 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 hack to the House with the following recommendations:

HB 160. Do Pass

Respectfully submitted,

Kendrick of Fulton, Chairman.

Mr. Hicks of Floyd County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary No. 2 have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 112. Do Pass

HB 151. Do Pass

HR 33-llSC. Do Pass

HB 52. Do Pass by substitute

Respectfully submitted,

Hicks of Floyd,

Mr. Thigpen of Glascock County, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. Speaker: Your Committee on Privileges and Elections have had under consideration the

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following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 61. Do Pass

HB 84. Do Pass

HB 88. Do Pass

HB 150. Do Pass

HB 149. Do Pass

Respectfully submitted,

Thigpen of Glascock, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 18. Do Pass HB 21. Do Pass HB 38. Do Pass HB 130. Do Pass HB 155. Do Pass HB 146. Do Pass HB 126. Do Pass HB 122. Do Pass HB 92. Do Pass HB 51. Do Pass by substitute
Respectfully, submitted,

Mims of Miller, Chairman.

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

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207

HB 18. By Messrs. Copland, Smith and Elliott of Muscogee:
A bill to be entitled an act to change and fix the salary of the judge and solicitor of the city court of Columbus; and for other purposes.

HB 21. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend section 81-1102 of the code of 1933, which section relates to the presenting of evidence in superior, city and county courts; and for other purposes.

HB 38. By Mr. Sharpe of Toombs:
A bill to be entitled an act to provide for the holding of four times a year of the superior court of Toombs county, Georgia to fix the time for same; and for other purposes.

HB 51. By Mr. Wilbanks of Habersham:
A bill to be entitled an act to abolish the Habersham county city court; and for other purposes.

HB 52. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend the act fixing the amunt of fees sheriffs of the state are entitled to so as to provide a fee for summoning a jury while the city or superior courts are in session; and for other purposes.

HB 61. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to require all candidates for the General Assembly in counties having a population of 28,600 to designate and name their incumbent opponents; and for other purposes.
HB 84. By Messrs. Mabry and Jennings of Sumter:
A bill to be entitled an act found in Georgia Laws of 1937, p. 1422, relating to candidates for the General Assembly in Sumter county; and for other purposes.
HB 88. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to provide that candidates for the General Assembly from Clarke county shall name their incumbent opponents; and for other purposes.
HB 92. By Mr. Mcintosh of Mcintosh:
A bill to be entitled an act to amend the acts relating to the City Court of Darien, so as to provide that the judge and solicitor thereof shall be elected by the voters of Mcintosh county; and for other purposes.

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HB 112. By Messrs. Connell of Lowndes, Bynum of Rabun, Gilbert of Glynn, and Allison of Gwinnett:
A bill to be entitled an act to provide that duly certified copies of instruments recorded in the office of clerk of the superior court may be filed for record in any county of the state; and for other purposes.
HB 122. By Mr. Maund of Talbot:
A bill to be entitled an act to change the time of holding superior court in Talbot county to the second Mondays in March and September; and for other purposes.
HB 126. By Mr. Dukes of Bryan:
A bill to be entitled an act to provide for the terms of the City Court of Pembroke and the fees of the solicitor of same; and for other purposes.
HB 130. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to increase the salary of the solicitor of the City Court of Brunswick; and for other purposes.
HB 146. By Mr. Norman of Henry:
A bill to be entitled an act to abolish the City Court of Henry county; and for other purposes.
HB 149. By Mr. Thigpen of Glascock:
A bill to be entitled an act to repeal sections 34-1401, 34-1402, and 34-1403. relating to elections and election returns; to substitute a new paragraph 'i for section 40-601 with reference to forms used; and for other purposes.
HB 151. By Messrs. Allison of Gwinnett, Durden of Dougherty, Culpepper of Fayette, Thurmond of Hall, McCracken of Jefferson, and Park of Greene:
A bill to be entitled an act to amend and revise the laws relating to the costs collected in cases in the supreme court and the court of appeals; to provide manner and method of payment of same; and for other purposes.
HB 155. By Mr. Norman of Henry:
A bill to be entitled an act to provide for the holding of three terms a year of the superior court in Henry county; and for other purposes.

HB 160. By Messrs. Riddlespurger of Colquitt, Broome of DeKalb, Nicholson of Richmond, Ogburn and Malone of Laurens, and Peck of Dade:
A bill to be entitled an act to abolish the present industrial board of the

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209

state department of labor and to create in lieu thereof a state board of workmen's compensation; and for other purposes.
HR 33-llSC. By Messrs. Welsch and Dorsey of Cobb:
A resolution to designate the first Sunday in June as "shut-ins' day"; and for other purposes.
By unanimous consent, the following bill of the Senate was read the first time and referred to committee:
SB 32. By Senators Pittman of the 42nd and Forester of the 44th districts:
A bill to be entitled an act to amend the eastern standard time law so as to provide for central standard war time; and for other purposes.
Referred to Committee on State of Republic.
Mr. Thompson of Meriwether moved that the House reconsider its action in failing to pass the following bill of the House, to wit:
HB 29. By Messrs. Thompson and Hatchett of Meriwether:
A bill to be entitled an act to amend the laws relating to liens of innkeepers so as to include hospitals; and for other purposes.
On the motion to reconsider HB 29, the ayes were 104, the nays 0.
The motion prevailed and HB 29 was placed at the foot of the calendar.
Under the regular order of business the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 24. By Messrs. Hatchett and Thompson of Meriwether:
A bill to he entitled an act to amend the compulsory school attendance law so as to provide that any child between the ages of six and sixteen years shall attend until such child completes the ninth grade; and for other purposes.
The following amendment to H B 24 was read and adopted:
Mr. Hatchett of Meriwether moves to amend House Bill 24 by amending the caption thereof by inserting in the caption, after the figures 32-9906, in line 13, the words: "As amended by Act of the General Assembly, approved March 20, 1939, Acts 1939, page 187, and as set forth in supplement to 1933 Code section 32-9906," and by striking from House Bill No. 24 all of section 4 thereof, and adding a new section 4 as follows:
Section 4. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of same, that Chapter 32-99 and Section 32-9906 of said Chapter af

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the Code of 1933 as amended by an Act of the General Assembly, approved March 20, 1939, Acts 1939, page 187, and as set forth in supplement to 1933 Code section 32-9906, he, and the same is hereby, amended by striking from line four of said section 32-9906 as amended by Acts of 1939 approved March 20, 1939, of said Chapter as set forth in supplement to said section the words and figures "eight and fourteen" and adding in lieu thereof the words: "six and sixteen" so that said Chapter 32-99 and section 32-9906 thereof when so amended shall read as follows:
32-9906. Noncompliance with compulsory school law; suspension of punishment; notice; bond; indictment.-Any parent, guardian, or other person who has charge and control of a child between the ages of six and sixteen years and who wilfully fails to comply with the requirements of section 32-2101, relating to compulsory school attendance, shall he guilty of a misdemeanor, and on conviction thereof shall he punished by a fine not to exceed $10 for the first offense, and not to 'exceed $20 for each subsequent offense, said fines to include all costs, and 30 days in 'jail, for each offense; hut the court trying the case may, in its discretion, suspend enforcement of the punishment, if the child he immediately placed in attendance at a school, and may finally remit the same if such attendance has continued regularly for the number of months prescribed for attendance. School attendance may be proved by an attested certificate of the principal or teacher in charge of the school.
No person shall he prosecuted for violation of the requirements of section 322101 unless the hoard of education of the county or municipality in which the person accused of such violation resides shall have caused to he served upon the accused, at least 10 days before such prosecution, a written notice of the charge with the name of the child to whom it refers. Any person so notified, not previously convicted of violation of this law as to the child referred to in said notice, may prevent prosecution on the charge set out therein, by giving, at any time before such prosecution is instituted, a bond in the penal sum of $50, payable to the ordinary of the county, with security to he approved by the ordinary, conditioned that the said person shall thence forth faithfully comply with the requirements of this law as to the said child. Each day's willful failure of a parent, guardian, or other person in charge and control of a child as aforesaid after the expiration of 10 days from such notice, to cause the child to attend school, when such attendance is required by this law, shall constitute a separate offense. In prosecutions under this law the exemptions and excuses provided for shall he matters for defense, to he established by the accused and need not he negative in the indictment or prosecution. All fines imposed hereunder and all sums required to he paid as penalties under bonds given under Chapter 32-21, shall, after payment of the cost of prosecution and of recovery thereof, he paid to the county treasury and become a part of the school fund of the county. (Acts 1919, pp. 359, 360; 1939, p. 187.)
Mr. Key of Jasper moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the hill, was agreed to, as amended.

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211

On the passage of the bill, as amended, the ayes were 136, the nays 2.
The bill having received the requisite constitutional majority was passed, as amended.
HB 31. By Mr. Weaver of Bibb:
A bill to be entitled an act to provide how guardians, administrators, executors, trustees, and other fiduciaries may call stock: or bonds which are listed in a stock: exchange; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 32. By Mr. Weaver of Bibb:
A bill to be entitled an act of the General Assembly of Georgia approved March 12, 1937, so as to further provide the method of obtaining leav~ to sell property set apart as a year's support; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 130, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 33. By Mr. Weaver of Bibb:
A bill to be entitled an act to provide for the sale and transfer by guardians, administrators, executors, trustees, and other fiduciaries of notes and other evidence of indebtedness ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 133, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 35. By Mr. Barfield of Bibb:
A bill to be entitled an act to amend section 31 of the land registration act of 1917, so as to permit the owner of a registered tract of land to transfer to himself separate parcels without necessarily freeing said transferred parcels from further registration; and for other purposes.
Mr. Bennett of Ware moved the previous question, the motion prevailed and the main question was ordered.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 41. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend section %-205 of the 1933 code to provide that when a voluntary deed or conveyance shall be recorded in accordance with section 29-401 of said code, such deed or conveyance shal have priority as provided in last said mentioned section over subsequent deeds or conveyances; and for other purposes.
The report 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 0.
The bill having received the requisite constitutional majority was passed.

HB 43. By Mr. Elliott of Muscogee:
A bill to be entitled an act to repeal section 14-1808 of the Georgia code as amended in 1933, to amend section 14-716 of the Georgia code by declaring certain days as public legal holidays, religious holidays; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 139, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 58. By Mr. Strickland of Haralson: A bill to be entitled an act to fix the compensation of the state superintendent of schools as secretary of the state board of education and administratiP~ officer of the department of education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolutions of the House were read and adopted:

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213

HR 48., By Mr. Woodruff of Barrow:
A resolution requesting the Georgia delegation of members in both Houses of the Congress of the United States to contact the federal authorities who have jurisdiction in the premises to release nitrogen to manufacturers of mixed fertilizers to the amount of 100 lbs. of mineral nitrogen for each acre of grain now planted for use of farmers in Georgia.

HR 49. By Mr. Swint of Spalding:
Whereas, the General Assembly of the State of Georgia has already by resolution endorsed the campaign to raise funds by the purchase of war bonds for the purpose of replacing the cruiser "Atlanta" which was recently sunk by the Axis power~, and
Whereas, the members of the General Assembly of the State of Georgia desire as a body to have a definite part in carrying out the terms of the aforesaid resolution endorsing said campaign ;
Now, therefore, be it resolved by the House, the Senate concurring, that the President of the Senate and Speaker of the House each appoint three members of their body who shall constitute a committee of six for the express purpose of soliciting orders for the sale of war bonds for the purpose of replacing the cruiser "Atlanta," and that such subscriptions and orders be solicited and taken from members of the General Assembly.
The speaker appointed the following committee:
Messrs. Swint of Spalding,
Broome of DeKalb, and
Johnston of Worth.

HR 50. By Mr. Hooks of Emanuel:
Whereas, heretofore there has been made available and is now being paid to the school teachers of Georgia a twenty-five per. cent increase in salary; and
Whereas, the act increasing the salaries of the school teachers of Georgia did not provide for any increase in salary or additional compensation to the bus drivers in the several counties of Georgia employed or engaged in transporting children to and from the various schools of the several counties of this state; and
Whereas, the cost of operation of buses has been substantially increased and the cost of living has substantially increased; therefore
Be it resolved by the General Assembly of Georgia that the Governor of this state be requested to consider an increase in compensation to the bus drivers hauling children to and from the various schools in the several counties of this state and that

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at such time as the Governor may have available funds increase in compensation be paid to these bus drivers as the Governor may direct.
Mr. Fortson of Wilkes moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

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215

Representative Hall, Atlanta, Georgia. Wednesday, January 27, 1943.
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 a prayer by the chaplain.

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

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis

Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden

Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin

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Mason Mavity Maund McCamy McCracken McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Oliver Overby Padgett Pannell Park Parker

Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington

Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff 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.

2. First reading and reference of House bills and resolutions.

3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills.

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217

6. Third reading and passage of uncontested local bills.
By unanimous consent the following bills and/or resolutions of the House were introduced, read the first time, and referred to the committees:

HB 199. By Mr. Nicholson of Oconee:
A bill to be entitled an act to consolidate the offices of tax collector and tax receiver of Oconee county, and create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 200. By Mr. Whipple of Bleckley:
A bill to be entitled an act to regulate the levy and sales of any execution so as to sell only a sufficiency of the property of the defendant to pay the execution, cost and expenses; and for other purposes. Referred to Committee on General Judiciary No. 2.

HB 201. By Mr. Jones of Grady:
A bill to be entitled an act to make it a contempt of the trial court for any persons to aid, assist, counsel or encourage the violation of the terms of probation, parole or suspension of sentence imposed on a defendant by the trial court; and for other purposes.
Referred to Commitee on General Judiciary No. 1.

HB 202. By Mr. Jones of Grady:
A bill to be entitled an act to provide for the examination and registration of machinists and mechanics and to make it ualawful for any person to use the title of "machinist" or "mechanic" without securing a certificate; and for other purposes.
Referred to Committee on Industrial Relations.
HB 203. By Mr. Harden of Turner:
A bill to be entitled an act to repeal the act approved Aug. 13, 1910, as amended Aug. 19, 1918, incorporating the Town of Worth, in Turner county, and dissolving the corporation; and for other purposes.
Referred to Committee on Municipal Government.

HB 204. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to amend section 34-1905 of the code of 1933, relating to voting, to provide a freeholder to aid any person who is blind,

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illiterate, or has lost the use of his hands; and for other purposes. Referred to Committee on Privileges and Elections.

HB 205. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend section 49-103 (3033) of the code oi
Georgia of 1933 entitled "Testamentary guardian; appointment, bond, and dismissal"; so as to provide that either parent may be appointed; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 206. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend chapter 53-5 of the code of 1933, entitled "Rights and Liabilities of Husband and Wife," by providing the husband shall not be entitled to receive the earnings of his wife; and for other purposes.
Referred to Committee on General Judiciary No.2.

HB 207. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon so as to provide for supplementary pensions to certain policemen and firemen of said city; and for other purposes.
Referred to Committee on Municipal Government.

HB 208. By Messrs. Connell of Lowndes, Smith of Carroll, Sharpe of Toombs and Fortson of Wilkes:
A bill to be entitled an act to provide for the equal payment of taxes on all kinds of property, except religious or eleemosynary institutions, and to prevent the holding of property in Georgia that is tax free; and for other purposes.
Referred to Committee on State of Republic.

HB 209. By Mr. Hogg of Marion: A bill to be entitled an act to amend the charter of the City of Buena Vista to provide that the salary of the mayor shall not be less than $100.00 per annum, nor more than $500.00 per annum; and for other purposes. Referred to Committee on Municipal Government.
HB 210. By Mr. Jennings of Sumter: A bill to be entitled an act to repeal the law creating the unemployment

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219

compensation division of the state department of labor, and to abolish said division; and for other purposes.
Referred to Committee on Industrial Relations.
HB 211. By Mr. Jenning5 of Sumter:
A bill to be entitled an act to make it unlawful for any person to misrepresent, certify falsely, or participate in a false measurement, scaling, or other appraisal of lumber, timber, or other material contained in or cut from any tree or log; and for other purposes. Referred to Committee on General Agriculture No. 1.
HB 212. By Mr. Dorsett of Douglas:
A bill to be entitled an act to amend section 84-1504 of the code of 1933, to authorize practitioners of veterinary medicine and surgery who have practiced twenty-five years or more to be licensed without an examination; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 213. By Mr. Williams of Harris:
A bill to be entitled an act to authorize and direct the Governor to appoint an advisocy committee in each county where a state park is located to report on the operation of the park; and for other purposes.
Referred to Committee on Conservation.
HB 214. By Messrs. Powell of Stephens and Bynum of Rabun: A bill to be entitled an act to amend paragraph 1 of section 24-2615 of the code of 1933, by divesting superior courts of jurisdiction in misdemeanor cases in counties having a city or county court; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 215. By Mr. Hatchett of Meriwether: A bill to be entitled an act to amend section 32-1014 of the code of 1933. relating to annual reports of county superintendents of schools, to provide for reports at the end of the fiscal year instead of in the spring; and for other purposes.
Referred to Committee on Education No. 2.
HB 216. By Mr. Smiley of Liberty:
A bill to be entitled an act to amend the act establishing the City Court of

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Hinesville to fix the salary of the judge at $1500.00 per year; and for other purposes.
Referred to Committee on Special Judiciary.

HB 217. By Mr. Broome of DeKalb:
A bill to be entitled an act to provide that wardens, superintendents, or officer in charge of any prison or other place of detention shall, as far as possible, segregate first offenders from other prisoners; and for other purposes.
Referred to Committee on Penitentiary.

HR 51-217A. By Mr. Bynum of Rabun:
A resolution proposing an amendment to article 3, section 4, paragraph 3, by striking paragraph 3, and substituting a new paragraph 3, providing for a twenty day session of the General Assembly, to be followed by a regular forty day session; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HR 52-217B. By Messrs. Easler of Crawford and Kendrick of Fulton:
A resolution proposing an amendment to article 7, section 2, paragraph 3, of the constitution so as to provide any person in arrears in poll tax payments may pay $2.00 and be reinstated; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

HB 218. By Messrs. Drake of Seminole and Mims of Miller:
A bill to be entitled an act to provide an annuity payment to any person, firm, or corporation who develops and drills the first oil, petroleum or gas well on a commercial basis in Georgia; and for other purposes.
Referred to Committee on Conservation.

HR 53-218A. By Mrs. Guerry of Macon, Messrs. Harris of Richmond, Durden of Dougherty and Grayson of Chatham:
A resolution naming Hon. Wightman F. Melton as poet laureate of Georgia.
Referred to Committee on State of Republic.
Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

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221

Mr. Speaker.:
Your Committee on Engrossing has examined, found. properly engrossed ~nd ready for transmission to the Senate the following bills of the House to wit:

HB 24.

HB 31.

liB 32.

HB 33.

HB 35.

HB 41.

HB 43.

HB 58.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. MeNall of Chatham 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:

HB 23. Do Pass

HB 64. Do Not Pass

HB 45. Do Pass

HB 168. Do Pass

Respectfully submitted,
MeNall of Chatham, Chairman.

Mr. Mason of Morgan 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

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the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 10. Do Pass

HB 87. Do Pass

Respectfully submitted,

Mason of Morgan, Chairman.

Mr. Gillis of Treutlen County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:

Mr. Speaker:

Your Committee on General AAgriculture 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 recommendations:

SR 26. Do Pass

Respectfully submitted,

Gillis of Treutlen, Chairman.

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary No. 1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 115. Do Pass

Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Hicks of Floyd 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

WEDNESDAY, JANUARY 27, 1943

223

following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 32. Do Pass

Respectfully submitted,

Hicks of Floyd, Chairman.

Mr. Deal of Bulloch County, Chairman of the Committee on Pensions, submitted the following report:

Mr. Speaker:

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

HB 56. Do Pass

HB 132. Do Pass

Respectfully submitted,

Deal of Bulloch,

Chairman.

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

H B 10. By Messrs. McCracken of Jefferson, Phillips of Columbia, Key of Jasper, McNall and Grayson of Chatham, Durden and Smith of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Thurmond of Hall, Gowen of Glynn, Hurst and Goldberg of Coweta, Cheshire of Colquitt, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Gillis of Treutle!l, Crummey of Wilcox, Heard of Elbert, and Hagan of Screven:
A bill to be entitled an act to make the term of the commissioner of agriculture concurrent with that of the Governor; and for other purposes.

HB 23. By Messrs. Bynum of Rabun and Sparks of Towns:
A bill to be entitled an act to provide for the assenting of the State of Georgia to the provisions of the act of Congress entitled an act to provide that the United States shall aid the states in wildlife restoration projects, and for other purposes; and for other purposes.

HB 45. By Mr. Sharpe of Toombs:
A bill to be entitled an act to prohibit the hunting of deer in Toombs county for a period of five years; and for other purposes.

JOURNAL OF THE HOUSE,
HB 56. By Mr. Park of Greene:
A bill to be entitled an act to increase the pensions paid to confederate soldiers and their widows from $30.00 to $50.00 per month, beginning January 1, 1943 ; and for other purposes.
HB 87, By Mr. Woodruff of Barrow:
A bill to be entitled an act to prohibit the sale of horse and dog meat for human consumption in the state of Georgia; and for other purposes.
HB 115. By Messrs. Smith of Carroll, Hatchett of Meriwether, and Hill of Troup:
A bill to be entitled l!.n act to provide that county officers shall be furnished
offices at county expense; and for other purpQSes.
HB 132. By Messrs. Dorsey of Cobb, Pruitt of Lumpkin, and Park of Greene:
A bill to be entitled an act to provide for $100.00 funeral. expense for confederate veterans and their widows; and for other purposes.
HB 168. By Messrs. McNall and Alexander of Chatham, Culpepper of Fayett~, Sparks of Towns, Boynton of Union, Strickland of Haralson, Allison of Gwinnett, Cheshire and Riddlespurger of Colquitt, Bynum of Rabun, Key of Jasper, Thrash of Coffee, Curry of Randolph, Hicks and Littlejohn of Floyd, Thurmond and Roper of Hall, Bates of Ware, Gowen of Glynn, Guyton of Effingham, and .Welsch of Cobb.
A bill to be entitled an act designating certain fish as fresh water fish, to provide fishing seasons, to provide methods of fishing; and for other purposes.
SB 32. By Senators Pittman of the 42nd, and Forester of the 44th districts:
A bill to be entitled an act to amend the eastern standard time law so as to provide central standard time for the state of Georgia; and for other purposes.
SR 26. By Senaors Pope of the 7th, Clements of the 9th, Boyett of the 11th, Simmons of the 8th, and Ansley of the lOth districts:
A resolution providing for January 23, to January 31 be designated as peanut week in Georgia; and for other purposes.
By unanimous consent the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 18. By Messrs. Copland, Smith, and Elliott of Muscogee:
A bill to be entitled an act to change and fix the salary of the judge and

WEDNESDAY, JANUARY 27, 1943

225

solicitor 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 104. the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 51. By Mr. Wilbanks of Habersham:
A bill to be entitled an act to abolish the City Court of Habersham county; and for other purposes.
The following committee substitute was read and adopted:
A bill to be entitled an act to abolish the Habersham County City Court and repeal an act of the General Assembly creating said court, approved February 13, 1941 (Ga. Laws 1941, pages 651-667); to provide for a referendum and an effective date of this act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. The City Court of Habersham County is hereby abolished .and an Act of the General Assembly approved February 13, 1941 (Ga. Laws 1941, pages 651-667) i; hereby repealed.
Section 2. This Act shall not become effective until after same shall have been approved by a majority of the qualified voters voting in an election to abolish the Habersham County City Court in which the provisions of this Act are submitted to the voters of said County; the provisions of this Act shall be voted on in the said primary election held in said county in September 1944, and if a majority of the voters voting in said election vote to abolish said Court, said Act shall become effective and operative on January 1, 1945.
Section 3. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be, and same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill by substitute, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
HB 84. By Messrs. Mabry and Jennings of Sumter:
A bill to be entitled an act to repeal an act found in Georgia Laws 1937 p. 1422, relating to candidates for the General Assembly in Sumter county; and for other purposes.

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JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 92. By Mr. Mcintosh of Mcintosh: A bill to be entitled an act to amend the acts relating to the City of Darien, so as to provide that the judge and solicitor thereof shall be elected by the voters 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 107, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 126. By Mr. Dukes of Bryan: A bill to be entitled an act to provide for the terms of the City Court of Pembroke and the fees of the solicitor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 130. By Messrs. Gowen and Gilbert of Glynn: A bill to be entitled an act to increase the salary of the solicitor of the City Court of the City of Brunswick; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 146. By Mr. Norman of Henry: A bill to be entitled an act to abolish 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, the ayes were 110, the nays 0.

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227

The bill having re~eived the requisite constitutional majority was passed.
Under the regular order of business the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:
SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th and Dean of the 34th districts:
A bill to be entitled an act to amend section 40-1801 of the code of Georgia of 1933 so as to provide additional qualifications and experience for State Auditor to fix the term of office, the election of a state auditor; and for other purposes.
Mr. Smith of Carroll moved the previous question, the motion prevailed and the main question was ordered.
The following amendments to SB 8 were read and adopted:
Mr. Thomas of Chattooga moves to amend SB 8 by adding a new section to read as follows:
The auditor shall not receive pay for any other service rendered the state.
Messrs. Grayson of Chatham and Harris of Richmond move to amend SB 8, by striking therefrom in its entirety the third paragraph of section 1 and inserting ial lieu thereof the following:
The term of office of the State Auditor shall run concurrently with that of the membership of the General Assembly for a period of two years and at the next regular session of the General Assembly of the State of Georgia a State Auditor shall be elected as hereinbefore provided. Said State Auditor shall hold office until his successor is elected. In the event of a vacancy in the position of State Auditor at a time when the General Assembly is not in session it shall be the duty of the Governor of the State of Georgia and he is hereby empowered and directed to appoint a State Auditor possessing the qualifications as provided herein who shall serve as such State Auditor until the next regular session of the General Assembly at which time the nomination and election of a State Auditor shall be held by the General Assembly as provided herein. If the General Assembly shall adjourn sine die any regular session without electing a State Auditor as provided herein the Governor is empowered and directed to appoint a State Auditor who shall serve until the next convening of the General Assembly and until his successor is elected as provided herein.
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 156, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

228

JOURNAL OF THE HOUSE,

By unanimous consent, SB 8 was ordered immediately transmitted to the Senate.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 20. By Senators Simmons of the 8th, Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Bacon of the 28th, Arnall of the 36th, and Millican of the 52nd districts :
A hill to be entitled an act to amend section 32-1301 of the code of Georgia of 1933 relating to authority of the Governor to borrow money for payment of public school teachers, execution of note or notes therefor and time of maturity, so as to provide that note given shall not mature later that last day of fiscal year of the state; provide for repayment; and for other purposes.
SB 6. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Kennon of the 6th, and Kennedy of the 2nd:
A bill to revise the laws relating to penal administration, pardons and paroles; to change the name of the prison and parole commission; to continue the present prison and parole commission in office; to take from the prison and parole commission all its powers and duties relating to pardons and paroles; to provide for the state board of prisons; and for other purposes.

SB 17. By Senators Millican of the 52nd, Atkinson of the 1st, Pope of the 7th, Harrison of the 17th, Terrell of the 19th, Forester of the 44th, Kennedy of the 2nd, and Bacon of the 28th :
A bill to authorize the establishment of the merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them; to authorize the establishment of a merit system council; to fix the terms of the members thereof, their compensation and duties, to authorize the council to issue rules and regulations and to take over department merit system in the state departments; and for other purposes.

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229

SB 46. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, Pope of the 7th, and others:
A bill to amend an act entitled an act to create a department of public safety for Georgia, etc.; approved March 19, 1937 (Ga. Laws 1937, pp. .322-355) by repealing section I of article I of said act relating to the department of public safety and its composition, and by substituting in lieu thereof a new section I, article I, providing for members of the department of public safety, expenses, meetings, officers, etc.; and for other purposes.
SB .9. By Senators Lester of the 18th, Harrison of the 17th, Forester of the 44th, Bacon of the 28th, Arnall of the 36th, and Kennedy of the 2nd:
A bill to establish a finance commission, the powers, duties and members thereof, to help provide for a method of appeal of budget approval; to provide that the Governor or director of the budget shall not have the power to strike employees from budget, to provide f~r filing of charges; ami for other purposes.
SB 15. By Senators Harrison of the 17th, Gro>s of the 31st, Atkinson of the 1st, Pope of the 7th, Terrell of the 19th, and Forester of the 44th:
A bill to amend section 18 of an act approved February 26th, 1937 (Ga. Laws 1937 pp. 355-368) set forth in the 1933 Ga. code, annotated, supplement, as section 99-434, relating to abolition of board of control and transfer the functions to the board of public welfare, so as to provide that the authority, powers, duties, supervision, etc.; be transferred to the state board of education; and for other purposes.
Under the regular order of business the following bills of the House and Senat'! were taken up for consideration, read the third time and placed upon their passage:
SB 21. By Senators Arnall of the 36th and Ingram of the 51st districts:
A bill to be entitled an act to make the term of the commissioner of agriculture concurrent with that of the Governor; and for other purposes.
Mr. Sharpe of Toombs moved that further consideration of SB 21 be postponed until Tuesday, February 2, 1943 and the motion prevailed.
HB 21. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend section 81-1102 of the code of 1933 which section relates to the presentation of evidence in the superior, city and county courts; and for other purposes.
Mr. McCamy of Whitfield moved the previous question, the motion prevailed and the main question was ordered.
Mr. Smith of Carroll moved that HB 21 be tabled and the motion was lost.

230

JOURNAL OF THE HOUSE,

Mr. Bynum of Rabun moved the ayes and nays and the call was not sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 11.
The bill having received the requisite constitutional majority was passed.
HB 38. By Mr. Sharpe of Toombs: A bill to be entitled an act providing for the holding of four times a year of the superior court of Toombs county, to fix the time for 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 122, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 52. By Mr. Thigpen of Glascock: A bill to be entitled an act fixing the amounts of fees sheriffs of the state are entitled to so as to provide a fee for summoning a jury while the city or superior courts are in session; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 59. By Mr. Strickland of Haralson:
A bill to be entitled an act to amend section 32-2401 of the code of Georgia of 1933 relating to adult illiteracy; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, the nays 0. The bill having received the requisite constitutional majority was passed.

HB 60. By Mr. Key of Jasper:
A bill to be entitled an act to amend the income tax laws with reference to banks and trust companies; and for other purposes.

WEDNESDAY, JANUARY 27, 1943

231

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 61. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to require candidates for the General Assembly to designate their opponents in counties having a population between 28,500 and 28,600 persons; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 133, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 67. By Messrs. Deal and Brunson of Bulloch, Turner, Hubert and Broome of DeKalb:
A bill to be entitled an act to fix the salary of the deputy insurance commissioner of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 3.
The bill having received the requisite constitutional majority was passed.

HB 74. By Mr. Etheridge of Fulton:
A bill to be entitled an act to provide that the jury shall pass only on the guilt or innocence of the accused in all criminal trials, that the judge shall fix sentence in case of conviction after investigation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 116.
The bill having failed to receive the requisite constitutional majority was lost.

HB 5.

By Messrs. Welsch of Cobb, McCracken of Jefferson, Phillips of Columbia, Grayson and MeNall of Chatham, Durden of Dougherty, Gowen of Glynn, Thurmond of Hall, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Hand of Mitchell, Key of Jasper, Hurst and Goldberg of

232

JOURNAL OF THE HOUSE,

Coweta, Ray of Warren, Cowart of Lowndes, Fortson of Wilkes, Mason of Morgan, and Hagan of Screven:
A bill to be entitled an act providing for appointment of members of the state board of pardons and paroles, and to prescribe the powers of said board; and for other purposes.
By unar.imous consent, HB 5 was tabled.

HB 6. By Messrs. Welsch of Cobb, McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Foster of Paulding, Hand of Mitchell, Gowen of Glynn, Grayson and MeNall of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Hagan of Screven, Key of Jasper, Hurst and Goldberg of Coweta, Ray of Warren, Smith of Dougherty, Cheshire and Riddlespurger of Colquitt, Fortson of Wilkes, Mason of Morgan, Smith of Muscogee, and Nicholson and Holley of Richmond.
A bill to be entitled an act to revise laws relating to penal administration and to change name of prison and parole commission; and for other purposes,
By unanimous consent, HB 6 was tabled.

HB 20. By Messrs. Welsch of Cobb, and Campbell of Newton: A bill to be entitled an act to amend an act, Georgia Laws 1942 pp. 427, being the eastern standard time laws; and for other purposes.
By unanimous consent, HB 20 W!lS tabled.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: . The Senate has passed by the requisite constitutional majority the following
bill of the Senate to wit:

SB 5. By Senators Lester of the 18~h, Gross of the 31st, Atkinson of the 1st, and others:
A bill to be entitled an act to create the state board of pardons and paroles; to provide for the appointment, terms of office, compensation, powers and duties of the state board of pardons and paroles; to provide that power to grant reprieves, pardons, paroles, commute penalties and remit sentences, etc.; and for other purposes.
The Senate has disagreed to the House amendment to the following bill of the Senate to wit:

WEDNESDAY, JANUARY 27, 1.943

233

SB 8. By Senators Ennis of the 20th, Atkinson of the 1st; and others: A bill to amend section 40-1801 of the code of Ge~rgia of f933 so as to provide additional qualifications and experience .for state auditor, .to fix the term of office, the election of a state auditor; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering the House amendments thereto:
SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, nad Dean of the 34th districts:
A bill to be entitled an act to amend section 40-1801 of the 1933 code so as to provide additional qualifications for the state auditor; the term of offic~ of the state auditor; the election of the state auditor; and for other purposes.
The following House amendments were read:
Mr. Thomas of Chattooga moves to amend SB 8 by adding a new section to read as follows:
The auditor shall not receive pay for any other service rendered the state.
Messrs. Grayson of Chatham and Harris of Richmond moved to amend SB 3, by striking therefrom in its entirety the third paragraph of section 1 and inserting in lieu thereof the following:
The term of office of the state auditor shall run concurrently with that of the membership of the General Assembly for a period of two years and at the next regular session of the General Assembly of the State of Georgia a state auditor shall be elected as hereinbefore provided. Said state auditor shall hold office until his successor is elected. In the event of a vacancy in the position of state auditor at a time when the General Assembly is not in session it shall be the duty of the Governor of the State of Georgia and he is hereby empowerd and directed to appoint a state auditor possessing the qualifications as provided herein who shall serve as such state auditor until the next regular session of the General Assembly at which time the nomination and election -of a state auditor shall be held by the General Assembly as provided herein. If the General Assembly shall adjourn sine die any regular session without electing a state auditor as provided herein the Governor is empowered and directed to appoint a state auditor who shall serve until the next convening of the General Assembly and until his successor is elected as provided herein.
Mr. Grayson of Chatham moved that the House insist on its amendments to )SB 8 and that a committee of conference be appointed to confer with a like committee of the Senate and the motion prevailed.

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JOURNAL OF THE HOUSE,

The speaker appointed as a committee on conference on the part of the House the following members of the House to wit:
Messrs. Grayson of Chatham, Rossee of Putnam, and McCracken of Jefferson.
Under the regular order of business the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 65. By Messrs. Smith and Durden of Dougherty: A bill to be entitled an act to repeal sections 40-1301 of the code of 1933 providing for the suspension of the state treasurer or comptroller generai; and for other purposes.
By unanimous consent, HB 65 was tabled.
The following resolution of the House was read and adopted:

HR 54. By Messrs. Bargeron and Cates of Burke:
WHEREAS, the Honorable W. L. McElmurray of Burke County, Georgia, passed away on the 26th day of January, 1943, and who for many years was a member of this General Assembly.
THEREFORE, BE IT RESOLVED by the House of Representatives by a rising vote that we manifest our sorrow because of his death and mourn the passing of this public sergant whose devotion to duty and whose love for his country merited him for a position of respect and trust.
RESOLVED further that we express to the bereaved family of this honorable and respected citizen our sincere sympathy, and the Clerk: of the House be directed to spread a copy of these resolutions on the minutes of the House and to send a copy to the family of the deceased.
The following message was received from His Excellency, the Governor, read and filed:

Ellis Arnall Governor

WEDNESDAY, JANUARY 27, 1943

235

Executive Department Atlanta
January 27, 1943

M. E. Thompson Executive Secretary

MR. SPEAKER AND MEMBERS OF THE HOUSE OF REPRESENTATIVES:

Attached hereto are copies of Executive Orders issued by my predecessor in office.

The Order dated January 28, 1942 suspended one-half of the annual license tax imposed upon automobile dealers.

The Order dated April 11, 1941 suspended three-fourths of the annual license tax imposed on dance halls, commonly called "juke joints".

Under the law of this State unless the next meeting of the General Assembly, after the suspension, ratifies such, the taxes imposed by law remain effective.

I conceive it to be my duty to bring these matters to your attention for such action, if any, as the General Assembly may see fit to take touching these suspensions.

Respectfully submitted,

EA:GC

Ellis Arnall, Governor.

EXECUTIVE ORDER

Whereas: Under the General Tax Act approved by the General Assembly of 1935, page 16, paragraph 11, a tax was required of automobile and truck dealers, as follows:

"Paragraph 11, Automobiles or Trucks. Upon every agent of, upon every dealer in and upon every person soliciting orders for retail sale of automobiles or truch, not including wholesale dealers or distributors soliciting or canvassing for local dealers, the sum set out below, viz: In each county with a population of less than 20,000, $25.00; in each county with a population of between 20,000 and 30,000, $55.00; in each county with a population between 30,000 and 50,000, $85.00; in each county with a population with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a population between 100,000 and 150,000, $220.00; in each county 'Yith :t population exceeding 150,000, $275.00; provided, however, that tax on any such dealer, distributor or solicitor not including wholesale dealers and distributors, located in a county having a city population of 200,000 inhabitants or more, and at a distance of fifteen miles or more from said city limits, shall be $25.00"; and

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JOURNAL OF THE HOUSE,

Whereas: Under the General Tax Act approved by the General Assembly of 1935, on page 17 thereof, paragraph 12, provided for a tax on used car6ealers, as follows:
"Paragraph 12. Used Cars. Upon every person, firm, or corporation dealing exclusively in used automobiles or trucks, or second-hand automobiles or trucks, the following sums, viz; In each county with a population of less than 20,000, $25.00; in each county with a population of over 20,000 and not over 50,000, $50.00; in each county with a population exceeding 50,000, $100.00; provided, however, that the tax on such person, firm or corporation located in a county having a city of 200,000 inhabitants; or more, and at a distance of fifteen miles or more from such city limits shall be $25.00; and
Whereas: The Federal authorities have restricted the sale of automobiles, trucks, tires and accessories, and the business of the automobile dealers in Georgia ha~ been ;greatly. reduced, it is therefore
Ordered: That one half of the said annual license taxes be suspended until the next regular meeting of the General Assembly, at which time I shall report the matter to. the General Assembly, with the recommendation that the suspension b:: made permanent.
This, the 28th day of January, 1942.
{Signed) Eugene Talmadge, Governor.
BY THE GOVERNOR: (Signed) Elsie A. Ray
Secretary Executive Department

GEORGIA, FULTON COUNTY:

The undersigned as Secretary of the Executive Department of the State of Georgia hereby certifies that the above and foregoing is a true and correct transcript of an"order, writing or document, signed by the Governor of said State and of record in this department.

This 28th day of January, 1942.

(Signed) Elsie A. Ray,
Secretary Executive Department.

SPECIAL NOTICE
Whereas, under Section 92-2004 of the 1933 Code of Georgia, it is provided as follows: "Persons operating dance halls where dancing is permitted or taught for pay, shall pay $100.00 for each place of business"; and
Whereas, under a decision of the Court of Appeals in the case of Brewer vr.

WEDNESDAY, JANUARY 27, 1943

237

The State; 60 Ga. App., pg. 202, the Court held that any place of business where an electric phonograph or other musical instrument is provided, and where dancing is permitted, is held to be a dance hall and subject to the tax imposed under the above Section of the _Code ; and

Whereas, this decision has worked a hardship on numbers of places of business in Georgia where such musical instruments are used; and

Whereas, under Section 40-205 of the 1933 Code, the Governor has authority to suspend the collection of taxes, or any part thereof, due the State until the meeting of the next General Assembly,

IT IS THEREFORE ORDERED THAT $75.00 of the $100.00 tax imposed on dance halls in Georgia be and the collection of same is hereby suspended, and the tax authorities are hereby directed to suspend collection of $75.00 of the$100.00 tax on each of said places of business in Georgia, thereby leaving the amount of $25.00 to be collected on each dance hall in Georgia, said suspension to be effective and in operation until the meeting of the next General Assembly, as providd by law under the Section above quoted.

This 11th day of April, 1941.

(Signed) Eugene Talmadge, Governor.

BY THE GOVERNOR: (Signed) Elsie I. Ray
Secretary, Executive Department.

l\1r. Fortson of Wilkes moved that the House do now adjourn and the motion prevailed.

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

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JOURNAL OF THE HOUSE.

Representative Hall, Atlanta, Georgia. Thursday, January 28, 1943.
The House met pursuant to adjournment this day at lO o'clock: a. m., was called to order by the speaker and opened with a prayer by the chaplain.
I
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 establish as the order of business during the first part of the period of consents:
l. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills. The following resolution of the House was read and referred to the Committee on Rules:
HR 55. By Messrs. Fortson of Wilkes and Welsch of Cobb: BE IT RESOLVED by the House that tlle following be established as a special
and continuing order of business immediately after the period of unanimous consents at today's session, to wit:
1. SB 32. Providing for Central Daylight Saving Time.
2. HB 124. Abolishing the Department of Revenue and creating a Department of Finance and Taxation.
3. HB 160. Creating a State Board of Workmen's Compensation.
By unanimous consent the following bills and resolutions of the House were introduced, read the first time and referred to the committees:
HB 219. By Mr. Sheppard of Heard: A bill to be entitled an act to amend an act approved March 24, 1939, ( G::.

THURSDAY, JANUARY 28, 1943

239

Laws, 1939, page 295), by providing that the speed limit on all motor vehicles, except emergency and police vehicles, shall not exceed thirty-five miles per hour; and for other purposes.
Referred to Committee on Motor Vehicles.

HB 220. By Messrs. Key of Jasper, Harden of Turner and Anderson of Wayne:
A bill to be entitled an act to amend section 97-202, and section 97-302 of the code of 1933, to provide that the secretary of state may issue licenses or permits for the sale of securities to an issuer; and for other purposes.
Referred to Committee on State of Republic.

HB 221. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to create a post war reserve fund for the replacement of worn out, depleted and obsolete equipment; and for other purposes.
Referred to Committee on Municipal Government.

HB 222. By Messrs. Smith and Reid of Carroll, Weaver of Bibb, Price of Clarke and Elliott of Muscogee:
A bill to be entitled an act to amend chapter 88-2 of the code of 1933, by adding a new section to be known as section 88-207, to provide that combined county and city health departments, or county-wide health departments are excepted from the provisions of this chapter; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 223. By Mr. Campbell of Newton: A bill to be entitled an act to regulate assignments and purchases and sales of wages or salaries; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 224. By Mr. Johnson of Chattahoochee:
A bill to be entitled an act to amend the charter of the Town of Cusseta t!> authorize the building of a water works system; and for other purposes. Referred to Committee on Municipal Government.

HB 225. By Mr. Dyal of Appling: A bill to be entitled an act to repeal the act abolishing the offices of tu

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Tecciver and tax collector of Appling county, and creating the office of tn commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 226. By Mr. Dyal of Appling:
A bill to be entitled an act to repeal acts approved March 24, 1939, (Ga. Laws, 1939, pp. 501-507), and approved July 29, 1915, (Ga. Laws, 1915, (Ga. Laws, 1915, pp. 141-147), relating to Appling county commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 227. By Mr. Dyal of Appling:
A bill to be entitled an act to create a new board of commissioners of roads and revenues for Appling county; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 228. By Mr. Littlejohn of Floyd:
A bill to be entitled an act to amend an act approved August 14, 1925 .as amended August 14, 1931, (Ga. Laws, 1931, p. 231), creating state realestate commission to make it apply to counties with a population of 75,490 instead of 50,000; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 229. By Mr. Odom of Baker:
A bill to be entitled an act to amend the "Motor fuel tax law" to exempt from its provisions gasoline used for agricultural purposes; and for other purposes .
. Referred to Committee on Ways and Means.

HB 230. By Messrs. Johnson of Pike and Weaver of Bibb:
A bill to be entitled an act to amend an act approved March 27, 1941. relative to recount of ballots to provide any defeated candidate receiving ninety per cent of the number of votes received by the leading candidate can demand a recount; and for other purposes.
Referred to Committee on Privileges and Elections.

HB 231. By Mr. Reid of Carroll: A hili to be entitled an act to provide for the change of county lines lying

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241

within the limits of incorporated towns and cities; and for other purposes. Referred to Committee on Counties and County Matters.

HB 232. By Messrs. Smith of Dougherty and Giddens of Calhoun:
A bill to be entitled an act to require individuals, firms or corporations selling correspondence courses or home study courses, to qualify with the board of regents; to provide no suit for recovery of any sum due on a contract or purchase may be filed unless accompanied with a certificate of such qualification; and for other purposes.
Referred to Committee on Education No. 1.

HB 233. By Messrs. Smith of Dougherty, Odom of Baker and Bargeron of Burke:
A bill to be entitled an act to amend the act providing for inspection, analysis, and test of gasoline, kerosene, and other petroleum products so as t'l provide for the definition and minimum specifications for tractor fuels; and for other purposes.
Referred to Committee on Ways and Means.

HB 234. B:v Mr. Bowen of Pierce:
A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues for Pierce county, to provide for compensation and traveling expense for said commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 235. By Messrs. Drake of Seminole, Mims of Miller, Fortson of Wilkes, Harris of Richmond, McCracken of Jefferson, Bargeron of Burke, Hart of Quitman, Turner of DeKalb, Curry of Randolph, and Odom of Baker.
A bill to be entitled an act to fix the salary of the commissioner of labor of Georgia at $6,000.00 per annum; and for other purposes. Referred to Committee on State of Republic.

HB 236. By Messrs. Mabry and Jennings of Sumter, Hefner of Pickens, Hogg of Marion, Jennings of Terrell, Curry of Randolph, Fussell of Webster, and Overby of Stewart:
A bill to be entitled an act to provide for six state fertilizer inspectors and to fix their salaries and duties; and for other purposes.
Referred to Committee on Agriculture No. 1.

HB 237. By Mr. Burnside of McDuffie: A bill to be entitled an act to amend the charter of the Town of Thomson

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relative to the salary of the mayor and policemen; and for other purposes. Referred to Committee on Municipal Government.

HR 56-237A By Mr. Smith of Dougherty:
A resolution providing payment to the heirs of Charles W. Crankshaw for purchase price of silver bought for the Battleship Georgia, and now used in the Governor's mansion; and for other purposes.
Referred to Committee on Special Appropriations.

HR 57-237H. By Messrs. Heard of Elbert and Burton of Lee:
A resolution providing for the payment by the state of hospital and medical expenses incurred by Troopers Beacham and Langston, of the Highway Patrol resulting from injuries received in line of duty; and for other purposes.
Referred to Committee on Special Appropriations.
HR 58-37C. By Mr. Burnside of McDuffie:
A resolution proposing an amendment to article 8, section 4, paragraph 1, of the constitution, to authorize county boards of education, independent school systems and local school districts to contract with each other for the education, transportation and care of children of school age; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills of the House to wit:
HB 18. HB 21. HB 38.
HB 51. HB 52. HB 59.
HB 60.

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243

HB 61.
HB 67. HB 84. HB 92.
HB 126. HB 130. HB 146.



Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmis&ion to the Governor the following bills of the House to wit:

HB 2.

HB 110.

Respectfully submitted,

Johnson of Chattahoochee, Chairman.

Mr. Mixon of Irwin 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:

HB 89. Do Pass as amended

HB 37. Do Pass by substitute

HB 53. Do Not Pass Respectfully .submitted,

Mixon of Irwin, Chairman.

Mr. Adams of Wheeler County, Chairman of the Committee on Motor Vehicles, submitted the following report:

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Mr. Speaker:

Your Committee on Motor Vehicles 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:

.

HB 123. Do Pass

Respectfully submitted,
Adams of Wheeler, Chairman.

Mr. Rountree of Emanuel County, Chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker:
Your Committee on Public Property have had under consideration the following bill and resolutions of the House and have instructed me as Chairma~, to report the sam back to the House with the following recommendations:
HB 145. Do Pass
HR 40-153A. Do Pass
HR 45-198C.. Do Pass Respectfully submitted,
Rountree of Emanuel, Chairman.
Mr. McCracken of Jefferson 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 resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 156. Do Pass by substitute

HR 53-218A. Do Pass

HB 172. Do Pass

HB 177. Do Pass

HB 179. Do Pass

Respectfully submitted,

McCracken of Jefferson, Chairman.

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245

Mr. Burnside of McDuffie County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 36-133A. Do Pass
HR 37-133B. Do Pass
HB .118. Do Pass
HB 85. Do Not Pass Respectfully submitted,
Burnside of McDuffie, Chairman.
By unanimous consent the following bills and resolutions of the House favorably reported, were read the second time :
HB 37. By Mr. Sharpe of Toombs:
A bill to be entitled an act providing for the filing of answers and defensive pleadings by attorneys for the defenders in all litigated cases, the certification of attorneys for the defendant; and for other purposes.
HB 89. By Messrs. Weaver of Bibb, Gowen of Glynn, and Culpepper of Fayette:
A bill to be entitled an act approved March 31, 1937, (Ga. Laws 1937, pp.
760-761), so as to exclude therefrom certain mortgages and other instruments relating to property owned by or sold or leased to any railroad; and for other purposes.
HB 118. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to amend section 92-2014 of the code of 1933 by taxing miniature pool tables exceeding 30x60 inches playing surface, but not exceeding 43x85 inches playing surface; and for other purposes.
HB 123. By Mr. Gardner of Mitchell:
A bill to be entitled an act to provide that the term "motor carrier" shall not include motor vehicles engaged in transporting peanuts in the shell; and for other purposes.
HB 145. By Messrs. Hightower and Swint of Spalding:
A bill to be entitled an act to cede and convey to the City of Griffin the fee

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simple title to a tract of land known as Camp Northern; and for other purposes.
HB 156. By Messrs. Harris of Richmond, Durden of Dougherty, Gowen of Glynn, McCracken of Jefferson, and Fortson of Wilkes:
A bill to be entitled an act to abolish the department of natural resources and sub-divisions thereof, and transfer the department to the state highway board ; and for other purposes.
HB 172. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to authorize any and all eleemosynary or religious corporations chartered to conduct schools, to own and operate printing plants; to own and operate hospitals and any and all kinds of in.itutions for the alleviation .of pain and suffering; and for other purposes.
HB 177. By Messrs. Burnside of McDuffie, Hicks of Floyd and Fortson of Wilkes:
A bill to be entitled an act to amend an act creating the department or public safety so as to provide certain fees for the sheriff; and for other purposes.
HB 179. By Mr. Harris of Richmond:
A bill to be entitled an act to amend an act fixing the salary of the Attorn.ey General of Georgia; and for other purposes.

HR 36-133A. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:
A resolution to suspend one-half the tax on truck and automobile dealers set forth in Georgia Laws 1935, pp. 16-17, paragraphs 11 and 12; and for other purposes.

HR 37-133B. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:
A resolution confirming suspension of one-half of license tax levied on automobile and truck dealers; and for other purposes.
HR 40-153A. By Messrs. Dorsey of Cobb, Mavity of Walker and Wright of Gilmer:
A resolution to confirm, renew and continue a resolution approved March 6, 1941, (Ga. Laws, 1941, pp. 1850-1852), relating to boundary line between Georgia and Tennessee; and for other purposes.

HR 45-198C. By Mr. Knabb of Charlton: A resolution authorizing the Governor to execute a deed to Charlton county

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247

for certain property which was donated by Charlton county to the state for park purposes; and for other purposes.
HR 55-218A. By Mrs. Guerry of Macon, Messrs. Harris of Richmond, Durden of Dougherty and Grayson of Chatham:
A resolution naming Hon. Wightman F. Melton as poet laureate of Georgia ; and for other purposes.
By unanimous consent the following bills of the Senate were read for the first time and referred to the committee:
SB 5. By Senators Lester of the 18th, Gross of the 31st, and Atkinson of the 1st districts:
A bill to be entitled an act to create the state board of pardons and paroles; to provide for the appointment, terms of office, compensation, powers and duties of the state board of pardons and paroles; to provide that power to grant reprieves, pardons, paroles, commute penalties, remove disabilitit-8 and remit sentences shall be exercised by the state board of pardons and paroles; to provide Governor shall have right to suspend death sentences, etc.; and for other purposes.
Referred to the Committee on State of Republic.

SB 6. By Senators Lester of the 18th, Gross of the 31st, and Atkinson of the 1st districts:
A bill to be entitled an act to revise the penal administration, pardons, paroles, etc. to change the name of the prison and parole commission; to continue the present prison and parole commission in office; to take from the prison and parole commission all its powers and duties relating to par. dons, paroles, etc., to provide for the state board of prisons; and for other purposes.
Referred to the Committee on State of Republic.
SB 9. By Senators Lester of the 18th, Harrison of the 17th, Forester of the 44th, Bacon of the 28th, Arnall of the 36th, and Kennedy of the 2nd districts:
A bill to be entitled an act to establish a finance commission; the powers, duties, and members thereof; to provide for a method of appeal of budget approval; to provide that the Governor or director of the budget shall not have the power to strike employees from budget; to provide for filing of charges; and for other purposes.
Referred to the Committee on State of Republic.
SB 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Terrell of the 19th, and Forester of the 44th districts:

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A bill to be entitled an act to amend section 18 of an act approved Feb. 26, 1937 (Ga. Laws pp. 355) set forth in the 1933 Ga. code, annotated, supplement, as section 99-434, relating to abolition of board of control and transfer of its functions to the board of public welfare, so as to provide that the authority, powers, duties, supervision, etc., be transferred to state board of education; and for other purposes.
Referred to the Committee on State of Republic.

SB 17. By Senators Millican of the 52nd, Atkinson of the 1st, and Pope of the 7th:
A bill to be entitled an act to authorize the establishment of a merit system of personnel administration to include the employees of the state department of labor, public health, or welfare; and for other purposes.
Referred to the Committee on State of Republic.

SB 20. By Senators Simmons of the 8th, Harrison of the 17th, and Gross of the 31st districts:
A bill to be entitled an act to amend section 32-1301 of the code of Georgia of 1933 relating to authority of the Governor to borrow money for payment of public school teachers, execution of note or notes therefor and time of maturity so as to provide that note or notes given shall not mature later than last day of fiscal year of state, provide for repayment; and for other purposes.
Referred to the Committee on Education No. 2.

SB 46. By Senators Gross of the 31st, Atkinson of the 1st, Arnall of the 36th, and Pope of the 7th districts:
A bill to be entitled an act to amend an act entitled an act to create a department of public safety for Georgia, approved March 19, 1937 (Ga. Laws 1937, pp. 322-355) by repealing section I of article I of said act relating to the department of public safety and its composition, and by substituting in lieu thereof a new section I article I providing for members of the department of public safety expenses, meetings ; and for other purposes.
Referred to the Committee on State of Republic.
Under the regular order of business the following bills of the Ho~se were taken up for consideration, read the third time and placed upon their passage:

HB 10. By Messrs. McCracken of Jefferson, Phillips of Columbia, Key of Jasper, MeN all and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Etheridge of Fulton, Thurmond of Hall, Hand of Mitchell, Gowen of Glynn, Hurst and Goldberg of Coweta, Cheshire of Colquitt, Mason of

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249

Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Gillis of Treutlen, Crummey of Wilcox, Heard of Elbert, Smith of Dougherty, and Hagan of Screven :
A bill to be entitled an act to make the term of the commissioner of agriculture concurrent with that of the Governor; and for other purposes.
By unanimous consent, HB 10 was tabled.
HB 23. By Messrs. Bynum of Rabun and Sparks of Towns:
A bill to be entitled an act to provide for the assenting to the provisions of the act of congress entitled "an act to provide that the United States shall aid the states in wild-life restoration projects and for other purposes"; and for other purposes.
By unanimous consent, HB 23 was tabled.
HB 45. By Mr. Sharpe of Toombs: A bill to be entitled an act to prohibit the hunting of deer in the County of 'To~mbs for a period of five 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 130, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Bouse to wit:
HB 2. By Messrs. Foster of Paulding, Gowen of Glynn, Grayson of Chatham, and others.
A bill to propose an amendment to the constitution by adding a new paragraph to provide for a board of regents of the university system of Georgia; and for other purposes.
HB 110. By Mr. Willoughby of Clinch:
A bill to create and establish the County Court of Clinch; and for other purposes. The foli~wing message was received from the Senate through Mr. Nevin, the Secretary thereof:

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following biUs and resolutions of the Senate to wit:
SB 36. By Senator Arnall of the 36th:
A bill to repeal an act approved March 8, 1937 entitled "an act to establish a state planning board; to provide for the payment of a portion of its expenses by the highway board; and for other purposes.
SB 44. By Senators Williams of the 5th and Raynor of the 4th:
A bill to provide that all persons delinquent in the payment of poll taxes and who have been dropped from the qualified list of voters may, upon the payment of $3 be reinstated; and for other purposes.
SR 12. By Senators Pittman of the 42nd, Atkinson of the 1st and others:
A resolution proposing to the qualified voters an amendment to the constitution which vests in the Governor the power to grant reprieves and pardons, etc.; and for other purposes.
SR 30. By Senator Gross of the 31st:
A resolution appointing Hon. Wightman E. Melton as poet laureate of Georgia.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules has had under consideration HR 55 and reports
same back to the House with the recommendation that same do pass.
Fortson of Wilkes, Vice-Chairman.
HR 55. By Messrs. Fortson of Wilkes and Welsch of Cobb:
A RESOLUTION
Be it resolved by the House that the following be established as a special and continuing order of business immediately following the period of unanimous consent~ at today's session, to wit:
1. SB 32. Providing for Central Daylight Time.
2. HB 124. Abolishing the Department of Revenue.
3. HB 160. Creating a State Board of Workmen's Compensation.
By unanimous consent HR 55 was adopted.

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251

Under the order of business established by HR 55 the following bills of the
House and Senate were taken up for consideration, read the third time and placed upon their passage:
SB 32. By Senators Pittman of the 42nd and Forester of the 44th districts:
A bill to be entitled an act to amend the eastern standard time law so as to substitute in lieu thereof central standard war time; and for other purposes.
Mr. Smith of Muscogee moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 121, the nays 30.
The bill having received the requisite constitutional majority was passed.
Mr. Etheridge of Fulton asked that he be recorded as voting no on SB 32 and the request was granted.
HB 160. By Messrs. Riddlespurger of Colquitt, Broome of DeKalb, Nicholson of Richmond, Ogburn of Laurens, Peck: of Dade, and Malone of Laurens:
A bill to be entitled an act to abolish the present industrial board of the department of labor and to create in lieu thereof a state board of workmen's 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 140, the nays 2.
The bill having received the requisite constitutional majority was passed.
By unanimous consent HB 160 was ordered immediately transmitted to the Senate.
HB 124. By Messrs. McCracken of Jefferson, Burnside of McDuffie, McNall of Chatham, Gowen of Glynn, Ferguson of Camden, Smith and Durden of Dougherty, Thurmond of Hall, Connell of Lowndes, Harden of Turner. Welsch of Cobb, Hicks of Floyd, Hurst and Goldberg of Coweta, Smith of Washington, Bargeron of Burke, McCamy of Whitfield, Ray of Warren, Gardner and Hand of Mitchell, Waller of Whitfield, Thigpen of Glascock, Salter of Upson, Deal and Brunson of Bulloch, Branch of Tift, Miller of Lanier, Peck: of Dade, Easler of Crawford, Etheridge of Fulton, Minchew of Atkinson, Holley of Richmond, and Key of Jasper:
A bill to be entitled an act to abolish the state department of revenue and to create the state department of finance and taxation; and for other purposes.

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JOURNAL OF THE HOUSE,

The. following amendments to HB 124 were read and adopted:
Messrs. Grayson of Chatham, Harris of Richmond and Culpepper of Fayette move to amend HB 124 as follows:
By striking in the caption thereof wherever it appears the words and figures "February 3d, 1938" and inserting in lieu thereof the words and figures "January 3d, 1938."
Messrs. Grayson of Chatham, Harris of Richmond and Culpepper of Fayette move to amend HB 124 as follows:
1. By amending the caption by adding after words "method and manner of making such appeals" and before the words "to repeal all laws or parts .of laws in conflict with this Act," the following:
"To provide for the assessment of property required to be returned for ad valorem taxation by certain corporations and companies to the commissioner of finance and taxation and the procedure with respect thereto."
2. By adding at the end of section 4 thereof the following:
"Provided, however, that if any person, corporation or company which was required by Chapter 92-59 of the Code of 1933 to return his or its property for ad valorem taxation to the Comptroller General and is now required by such chapter and the aforesaid Act approved January 3, 1938, and by this Act to make such returns to the Department of Finance and Taxation or the Commissioner of Finance and Taxation, shall be dissatisfied with the assessment or correction of such returns as made by the Commissioner of Finance and Taxation or the Department of Finance and Taxation, pursuant to section 92-6001 et seq. of the Code of 1933, such taxpayer shall have the privilege within twenty days after such notice to refe,r the question of true value or amount to arbitrators, as provided by section 92-60 of the code of 1933. Such arbitrators shall consist of one chosen by the taxpayer and one chosen by the Governor. If the arbitrators thus chosen shall be in disagreement, they shaH choose an umpire. If such arbitrators disagree and shall fail to select an umpire .vithin thirty days after receiving notice of their appointment, the Chief Justice of the Supreme Court of Georgia shall select the umpire. Every arbitrator or umpire chosen hereunder shall be a citizen of Georgia. The award shall be made by the arbitrators or by the arbitrators and the umpire, as the case may be, within thirty days from the appointment or selection of such umpire. The decision and award of the arbitrators and the umpire shall be subject to appeal and review in the same manner as decisions and orders of the State Board of Tax Appeals were subject to appeal and review under the terms of said Act of January 3, 1938."
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 16.

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253

The bill having received the requisite constitutional majority was passed, as amended.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate msJsts on its pos1tlon in disagreeing to the House amendment to SB 8 and asks that a committee of conference be appointed.
The president has appointed on the part of the Senate:
Senators: Atkinson of the 1st Simmons of the 8th, and Millican of the 52nd.
The conference committee on SB 8 submitted the following report:
Mr. President:
Mr. Speaker:
Your committee appointed on conference on SB 8 has met and considered the differences between the House and the Senate and beg to report that they are unable to come to a unanimous agreement.
On the part of the Senate: Senator Atkinson of the 1st Senator Simmons of the 8th Senator Millican of the 52nd
On the part of the Mouse: Messrs. Grayson of Chatham Rossee of Putnam, and McCracken of Jefferson
Mr. Miller of Lanier moved that the House do now adjourn and the motion prevailed.
Leaves of absence were granted Messrs. Graham of Brooks, Minchew of Atkinson, Thrash of Coffee, Battles and Mills of Decatur, Cates and Bargeron of Burke, Medders of Bacon, Jennings and Mabry of Sumter, Overby of Stewart, Fussell of Webster, Greene of Schley, Bowen of Pierce, Cheshire and Riddlespurger of Colquitt.
The speaker announced the House adjourned until tomorrow at 10:00 o'cloclc.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Friday, January 29, 1943.
Th~: House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker and opened with a prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. 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.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority th'!
following bill of the House to wit:

HB 12. By Messrs. McNall of Chatham, Durden of Dougherty and others:
A bill to abolish the division of wild life, the department of natural resources, etc.; to create a state game and fish commission, a director, and an inspector of coastal fisheries, provide for their appointment, tenure, compensation, powers and duties; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requ1s1te constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 22. By Senator Bloodworth of the 22nd:
A bill to provide for the sale and transfer by guardians, administrator$, executors, trustees, and other fiduciaries of notes, and other evidences of indebtedness; and for other purposes.

SB 2'1-. By Senator Bloodworth of the 22nd:
A bill to provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks or bonds which are listed upon a stock exchange ; and for other purposes.

FRIDAY, JANUARY 29, 1943

255

SB 37. By Senators Lester of the 18th, Raynor of the 4th and others:
A resolution to provide for courses in bookkeeping, shorthand and typewriting in the last two years of the high schools of the state; and for other purposes.
SB 39. By Senator Moore of the 32nd:
A bill 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 for:!closure; and for other purposes.
SB 40. By Senator Millican of the 52nd:
A bill to amend chapter 79, section 501, of the code of 1933, entitled "Change of names-manner; petition" by adding at the end of said section 501 a provision requiring publication in the county official organ; and for other purposes.
SB 61. By Senator Millican of the 52nd:
A bill to amend an act for examination of master electricians in counties having population of 150,000 or more by census of 1930 so as to reduce the cost of renewal certificates.
SB 63. By Senator Hollis of the 24th:
A bill to change the time of holding the superior court of Chattahoochee county from the third Monday in March and September in each year to the fourth Mondays in March and September in each year; and for other purposes.
SB 68. By Senator Kimbrough of the 25th:
A bill to change the time of holding the superior court of Talbot county from the first Monday in March and September in each year to the second Mondays in March and September in each year; and for other purposes.
SB 78. By Senator Kimbrough of the 25th:
A bill to authorize and direct the Governor to appoint an advisory committee in each county in which a state park is located and operated; and for other purposes.
SR 28. By Senator Raynor of the 4th: A resolution deeding the title of certain lands to Charlton county.
HB 47. By Messrs. Gowen of Glynn, Durden of Dougherty and others:
A bill to make appropriations for the operation of the state government for

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JOURNAL OF THE HOUSE,

the fiscal year ending June 30, 1944 and each year thereafter until repealed; and for other purposes.
HB 63. By Mr. Smith of Dougherty and Mr. Durden of Dougherty:
A bill to amend an act approved March 4, 1941, appearing on pages 834, et seq., of the published acts of the General Assembly of Georgia of 1941, and captioned: "Dougherty county board of commissioners created-refer endum"; and for other purposes.
HB 95. By Messrs. Dorsey and Welsch of Cobb:
A bill to create a board in Cobb county to be known as the Cobb county planning commission ; and for other purposes.
HB 96. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend Georgia laws, 1924, page 314, et seq., known as "An act to create a commissioner of roads and revenues for Cobb county, Georgia"; and for other purposes.
Mr. Speaker: The Senate has receded from its disagreement to the House amendment to th~
following bill of the Senate to wit:

SB 8. By Senators Ennis of the 20th, Atkinson of the 1st, Lester of the 18th and others: A bill to amend section 40-1801 of the code of Georgia of 1933 so as to provide additional qualifications and experience for the state auditor; to fix the term of office, the election of a state auditor; and for other purposes.
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.
2. First readings and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:

FRIDAY, JANUARY 29, 1943

257

HB 238. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to provide that income tax returns made to the state need not be verified before filing; to provide all penalties heretofore provided for the filing of false or fraudulent verified return shall relate til unverified returns; and for other purposes.
Referred to Committee on Ways and Means.
HB 239. By Messrs. Key of Jasper, Hatchett and Thompson of Meriwether, Thigpen of Glascock, Kelly of Thomas, Hubert of DeKalb, Maund of Talbot, and Smiley of Liberty:
A bill to be entitled an act to amend the intangibles classification tax act so as to reduce the tax levied on all notes or other obligations secured by real estate; and for other purposes.
Referred to Committee on Ways and Means.
HB 240. By Messrs. Hicks and Littlejohn of Floyd:
A bill to be entitled an act to amend section 24-2728 of the code of 1933, relating to fees of clerks in counties having less than fifty thousand population to make it apply to counties of less than sixty-five thousand; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 241. By Mr. Gaston of Butts:
A bill to be entitled an act to amend the charter of the City of Jackson to provide that the boundaries of the present cemetery may be extended in any direction; and for other purposes. Referred to Committee on Municipal Government.
HB 242. By Messrs. Bynum of Rabun, Powell of Stephens, Wilbanks of Habersham, and Russell of White: A bill to be entitled an act to create a state board farm bureau and the means of election of members to establish cooperative relations with any department, bureau or board of the state or federal government relative to marketing farm products; and for other purposes.
Referred to Committee on General Agriculture No. 1.
HB 59-242A. By Messrs. Fortson of Wilkes and Durden of Dougherty: A resolution authorizing the state treasurer to withhold the victory tax from the salaries of all state officials and members of the General Assemblv pending a ruling from the commissioner of internal revenue; and for other purposes. Referred to Committee on Ways and Means.

258

JOURNAL OF THE HOUSE,

HB 243. By Messrs. Yawn of Dodge, Fisher of Jeff ' Davis, and Williams of Coffee:

A bill to be entitled an act to amend the fertilizer inspection act to provide a penalty of twenty-five per cent of the purchase price where it falls below the plant foods value by ten per cent or more; and for other purposes.
Referred to Committee on General Agriculture No. 1.

HB 244. By Mr. Porter of Gordon:

A bill to be entitled an act to amend chapter 113-6 of the code of 1933, to provide that wills and last testaments may be filed with the ordinary prior to the death of the maker; to provide in case of dispute between two instruments the instrument on file with the ordinary is prima facie the valid instrument; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 245. By Messrs. Smith of Carroll, Thompson of Meriwether and Sharpe of Toombs:

A bill to be entitled an act to repeal an act approved March 30, 1939, making additions to the law of libel; and for other purposes.
Referred to Committee on General Judiciary No. 1.

Mr. Sills of Candler County, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:
Your Committee on Counties and County Matters have had under considera tion the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 131. Do Pass. HB 134. Do Pass. HB 143. Do Pass. HB 192. Do Pass. HB 193. Do Pass. HB 199. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

FRIDAY, JANUARY 29, 1943

259

Mr. Hatchett of Meriwether 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 and resolution of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 215. Do Pass. SR 16. Do Pass.

Respectfully submitted,

Hatchett of Meriwether, Chairman.

.:VIr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report: l\Ir. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House to wit:
HB 47. HB 63. HB 95. HB 96.
Respectfully submitted,
Johnson of Chattahoochee, Chairman.

Mr. Hicks of Floyd 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:
HB 142. Do Pass.
HB 228. Do Pass.
HB 72. Do Not Pass.

260

JOURNAL OF THE HOUSE,

HB 81. Do Pass. HB 182. Do Pass. HB 103. Do Not Pass.
Respectfully submitted,

Hicks of Floyd, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic have had under consideration the follow-
ing bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 68. Do Pass by substitute. HB 208. Do Pass. SB 17. Do Pass. SB 6. Do Pass. SB 46. Do Pass. SB 9. Do Pass. SB 5. Do Pass as amended.
Respectfully submitted, McCracken of Jefferson, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
HB 68. By Mr. Mixon of Irwin:
A bill to be entitled an act to provide for the regulations by the Georgia Public Service Commission of the installations, containers and equipment used in the distillation, storage, handling, transportation, dispensing and utilization of liquified petroleum gases; and for other purposes.
HB 81. By Mr. Park of Greene: A bill to be entitled an act to amend section 70-202 of code of 1933, to pro-

FRIDAY, JANUARY 29, 1943

261

vide that the trial judge grant new trials by substituting the word "must" for the word "may" in line 4 of such section; and for other purposes.
HB 131. By Messrs. Gowen and Gilbert of Glynn~
A bill to be entitled an act to provide that no funds shall be withdrawn or released from the reserve fund of the county until advertised for ten days in the official organ; and for other purposes.
HB 134. By Mr. Looper of Dawson:
A bill to be entitled an act to abolish the offices of tax receiver and tax collector of Dawson county and create the office of tax commissioner; and for other purposes.
HB 142. By Messrs. Goldberg and Hurst of Coweta:
A bill to be entitled an act to repeal code section 92-512 of the Georgia code of 1933 which imposes a license on people who collect royalties on copyrighted music (Ga. Laws 1935, page 85) ; and for other purposes.
HB 143. By Mr. Boynton of Union:
A bill to be entitled an act to repeal the law found on pp. 217-218 of the acts of 1927, relating to no fence laws in certain mountain areas; and for other purposes.
HB 182. By Messrs. Alexander and Grayson of Chatham:
A bill to be entitled an act to authorize recovery of attorney's fees and expenses by executors in wills which are contested and determined to 1:~ invalid when such persons in good faith offer the same for probate; and for other purposes.
HB 192. By Mr. Looper of Dawson:
A bill to be entitled an act to provide for one commiSSioner of roads and revenues of Dawson county; and for other purposes.
HB 193. By Mr. Moore of Taliaferro:
A bill to be entitled an act to amend the act creating the board of commissioners of roads, public property and finances, for the counties of Warren and Taliaferro, to authorize said board to employ a clerk; and for other purposes.
HB 199. By Mr. Nicholson of Oconee:
A bill to be entitled an act to consolidate the offices of tax collector and tax receiver of Oconee county, and create the office of tax commissioner; and for other purposes.

262

JOURNAL OF THE HOUSE,

HB 208. By Messrs. Connell of Lowndes, Smith of Carroll, Sharpe of Toombs and Fortson of Wilkes:
A bill to be entitled an act to provide for the equal payment of taxes on all kinds of property, except religious or eleemosynary institutions, and to prevent the holding of property in Georgia that is tax free; and for other purposes.
HB 215. By Mr. Hatchett of Meriwether:
A bill to be entitled an act to amend section 32-1014 of the code of 1933, relating to annual reports of county superintendents of schools, to provide for reports at the end of the fiscal year instead of in the spring; and for other purposes.

HB 228. By Mr. Littlejohn of Floyd:
A bill to be entitled an act to amend an act approved August 14, 1925 as amended August 14, 1931, (Ga. Laws, 1931, p. 231), creating state realestate commission to make it apply to counties with a population of 75,490 instead of 50,000; and for other purposes.
SB 5. By Senators Lester of the 18th and Gross of the 31st districts:
A bill to be entitled an act to create the state board of pardons and paroles; to provide for the appointment, terms of office, compensation, powers and duties of the state board of pardons and paroles; to provide that power to grant reprieves, pardons, paroles, commute penalties, remove disabilities and remit sentences etc.; shall be exercised by the state board of pardons and paroles; to provide Governor shall have right to suspend death sentences; and for other purposes.

SB 6. By Senators Atkinson of the 1st, and Ennis of the 20th districts:
A bill to be entitled an act to revise the laws relating to penal administration, pardons, paroles, etc.; to change the name of the prison and parole commission; to continue the present prison and parole commission in office; to take from the prison and parole commission all its powers and duties relating to pardons, paroles, to provide for the state board of prisons; and for other purposes.

SB 9. By Senators Lester of the 18th, and Harrison of the 17th districts:
A bill to he entitled an act to establish a finance commission, the power~, duties, and members thereof, to provide for a method of appeal of budget approval; to provide that the Governor or director of the budget shall not have the power to strike employees from budget, to provide for filing of charges; and for other purposes.

FRIDAY, JANUARY 29, 1943

263

SB 17. By Senators Kennedy of the 2nd, and Bacon of the 28th districts:
A bill to be entitled an act to authorize the establishment of a merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them; to authorize the establishment of a merit system council; to fix the terms of the members thereof, their compensation and duties, to authorize the council to issue rules and regulations and to take over department merit systems in the state departments; and for other purposes.
SB 46. By Senators Gross of the 31st, and Atkinson of the 1st districts:
A bill to be entitled an act to amend an act entitled an act to create a department of public safety for Georgia, approved March 19, 1937 (Ga. Laws, 1937, pp. 322-355), by repealing section 1 of article 1, of said act relating to the department of public safety and its composition, and by substituting in lieu thereof a new section 1, article 1, providing for members of the department of public safety, expenses, meetings, officers; and for other purposes.
SR 16. By Senator Eubank of the 29th districts:
A resolution to inculcate the proper sense of discipline among the youth of school age; to provide for voluntary military drill for boys be instituted; 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:
SB 22. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to provide for the sale and transfer by guardians, administrators, executors, trustees, and other evidence of indebtedness; and for other purposes.
Referred to Committee on General Judiciary No. 2.
SB 24. By Senator Bloodworth of the 22nd district:
A !:-ill to be entitled an act to provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks or bonds which are listed upon a stock exchange; and for other purposes.
Referred to Committee on General Judiciary No.2.
SB 36. By Senator Arnall of the 36th district:
A bill to be entitled an act to repeal an act approved March 8, 1937, entitled "An act to establish a state planning board; to provide for the appointment of a chairman and members of the board; and for other purposes.
Referred to Committee on State of Republic.

264

JOURNAL OF THE HOUSE,

SB 37. By Senators Hall of the 50th and Raynor of the 4th districts:
A bill to be entitled an act to provide for courses in bookkeeping, shorthand and typewriting in the tenth and eleventh grades, or the last two years of the high schools of the state; and for other purposes.
Referred to Committee on Education No. 2.
SB 39. By Senator Moore of the 32nd district:
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 cases of statutory foreclosure; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 40. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend chapter 79, section 501 of the code of 1933, entitled ''change of names; manner; petition" by adding at the end of said section 501 a provision requiring publication of the county official organ; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 44. By Senator Williams of the 5th district:
A bill to be entitled an act to provide that all delinquent poll tax payers be reinstated on the payment of $3.00; and for other purposes.
Referred t? Committee on Ways and Means.
SB 61. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act for examination of master electricians in counties having a population of 150,000 or more by U. S. Census of 1930 so as to reduce the cost of renewal certificates; and for other purposes. Referred to Committee on Industrial Relations.
SB 63. By Senator Hollis of the 24th district:
A bill to be entitled an act to change the time of holding the superior court of Chattahoochee county; and for other purposes.
Referred to Committee on Special Judiciary.
SB 68. By Senator Kimbrough of the 25th district:
A bill to be entitled an act to change and fix the time of holding the superior court of Talbot county; and for other purposes.
Referred to Committee on Special Judiciary.

FRIDAY, JANUARY 29, 1943

265

SB 78. By Senator Kimbrough of the 25th district:
A bill to be entitled an act to authorize and direct the Governor to appoint an advisory committee in each county in which a state park is located and operated; and for other purposes.
Referred to Committee on Conservation.
SR 12. By Senators Atkinson of the 1st, Pope of the 7th, Forester of the 44th,
Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Terrell of the 19th, Foster of the 40th, Dean of the 34th, Pittman of the 42nd, Kennedy of the. 2nd, Ingram of the 51st, Kennon of the 6th, Arnall of the 36th, and Bacon of the 28th districts:
A resolution proposing an amendment to article 5, section 1, paragraph 3 of
the constitution so as to provide for a state board of pardons and paroles; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
SR 28. By Senator Raynor of the 4th district:
A resolution authorizing the Governor to deed a certain tract of land back to Charlton county; and for other purposes.
Referred to Committee on Public Property.
SR 30. By Senator Gross of the 31st district:
A resolution to appoint Honorable Wightman F. Melton as poet laureate of the State of Georgia; and for other purposes.
Referred to Committee on State of Republic.
Mr. Welsch of Cobb arose to a point of personal privilege and addressed the House.
The following resolution of the House was read and adopted:
HR 60. By Messrs. Durden of Dougherty, Harris of Richmond, and Grayson of Chatham:
A RESOLUTION
Be it resolved by the House that all business of the House be suspended and that the House proceed with the election of a state auditor.
The speaker left the chair and designated Mr. Guyton of Effingham as chairman.
Mr. Harris of Richmond placed in nomination the name of the Honorable B. E.
Thrasher, Jr.

266

JOURNAL OF THE HOUSE.

Mr. Fortson of Wilkes moved that the nominations be closed.

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

Those voting for Mr. Thrasher were:

Allison Alwood Bentley Boone Boynton Branch Brewton Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Polk Cannon Chance Clark Connell Copland Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey DuPree Durden Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Foster Gardner Gaskins Gaston Gavin

Gholston

Ogburn

Gilbert

Pannell

Goldberg

Park

Gray

Peck

Grayson

Phillips

Greene of Jones

Porter

Guerry

Powell

Guyton

Price

Harden

Pruitt

Hardy

Ray

Hart of Quitman

Reid

Hartness

Reynolds

Hefner

Riley

Herndon

Roper

Hicks

Roughton

Hill of Clarke

Rountree

Hill of Troup

Russell

Hogg

Sharpe

Hooks

Sheppard

Horne

Smith of Carroll

Hubert

Smith of Dougherty

Hurst

Smith of Muscogee

Jennings of Terrell

Smith of Oglethorpe

Johns

Sparks

Johnson of Chattahoochee Strickland

Jones

Sumner

Kelly of Walker

Swint

Kendrick

Thomas

Knabb

Thompson

Littlejohn

Thurmond

Livingston

Waller

Martin

Warnock

l\Iaund

Weaver

McCamy

Welsch

McCracken

Whipple

McEntire

Wilbanks of Habersham

McNall

Williams of Coffee

Mitchell

Williams of Harris

Mixon

Willoughby

Nicholson of Oconee

Wilson

Nicholson of Richmond Woodruff

Norman

Yawn

FRIDAY, JANUARY 29, 1943

267

Those not voting were:

Adams Anderson Baker Bates Battles Barfield Bargeron Bennett Burton Campbell of Newton Cates Cowart Drake Dukes Dunn Dyal Ennis Fussell Giddens Gillis Gowen Graham Greene of Schley Hagan Hand Hart of Thomas

Hatchett Heard Hightower Holley Howard Jennings of Sumter Joiner Johnson of Pike Kelly of Thomas Key Looper Mabry Malone Mankin Mason Mavity Mcintosh Medders Miller Mills Mims Minchew Moate Moore of Baldwin Moore of Taliaferro Odom

Oliver Overby Parker Pettit Pirkle Price Rees Reynolds Riddlespurger Rossee Rountree Rowland Salter Sills Smiley Smith of Muscogee Smith of Washington Thigpen Thrash Turner Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Williams of Coffee Wright Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with.
Upon consolidating the votes cast, it was found that Mr. B. E. Thrasher, Jr.,
had receivt>d 123 votes, being the entire number of votes cast.

Mr. B. E. Thrasher, Jr., having received the majority of votes cast was declared elected auditor for the State of Georgia.

The following resolution of the House was read and adopted:

HR 61. By Messrs. Durden of Dougherty, Harris of Richmond, and Grayson of Chatham:

A RESOLUTION

Be it resolved by the House that the clerk be and he is hereby instructed and directed to notify the Senate that the House has elected the Honorable B. E. Thrasher, Jr., as state auditor for a period of two years and requests that the State Senate confirm and approve his election.

268

JOURNAL OF THE HOUSE,

The following report of the Committee on the sale of War Bonds on the Cruiser Atlanta was submitted and read:
Mr. Speaker:
Your committee for the sale of bonds to members of the House begs leave to make the following report:
That letters have been placed on the desk of each member with an application blank attached for the convenience of members desiring to purchase bonds;
And that the Cruiser Atlanta Bond Drive headquarters at 66 Broad street i.; very appreciative of your body entering into this drive,
And further that Mr. John L. Connor, chairman, and R. H. Norman, assistant chairman, tender every cooperation, such as the personal appearance of William S. Smith, Atlanta, sailor on the lost Cruiser Atlanta, on leave with over 100 shrapnel wounds. He jumped from the bridge of the sinking ship, and he will, if this body so desires, appear in person before the House to give a first hand account of the battle in which his gallant ship went down,
And further tenders this body the services of the ladies of the Marcus Shows to appear at such time as the body in its wisdom desire to help members decide to purchase bonds.
Respectfully, Swint of Spalding,
Chairman.
The following resolution of the House was read and adopted:
HR 62. By Mr. Porter of Gordon:
A RESOLUTION
WHEREAS; the Honorable Ernest N eel of the County of Gordon beloved poet-laureate of Georgia, passed away on January 23, closing a long honorable and distinguished career as a citizen of this state; and
WHEREAS; Mr. Neal was not only a poet whose songs brought cheer to countless thousands and added lustre to his name, but a citizen who devoted his long life to the instruction of the youth of his native state in the schools of Georgia, and his services as a former member of this House, as well as his activities in every realm in which he was called to serve the people of his beloved Georgia have placed hi<~ name high on the roll of those illustrious sons and daughters of this state who have contributed so much to her greatness.
Therefore be it resolved by the House of Representatives that we learn with deep regret of the passing of this distinguished and honorable Georgia, and by a rising vote manifest our sorrow over the loss which our state has sustained in his death.

FRIDAY, JANUARY 29, 1943

269

Resolved further, that we express to the bereaved family our sincere sympathy,

and that the clerk be directed to spread a copy of these resolutions upon the records

of this House and to send a copy to the family of the deceased.

.

The following message was received from Mr. B. E. Thrasher; Jr., newly elected state auditor, read and ordered filed:

B. E. Thrasher, Jr. State Auditor

Leroy Pharr Chief Examiner

Department of Audits

State Capitol, Room 115

Atlanta

January 29, 1943

Mr. Speaker and Members of the House of Representatives of the General Assembly of Georgia

Gentlemen:

Your State Auditor and the staff of the office wish to express appreciation for the endorsement you have given to the work done by the Department and to assure you that we will always strive to do our best.

It is with regrets that I have not had the opportunity to speak to each and every one of you personally, but it was necessary to choose between doing a job for the State or spending the time contacting you Members, I chose doing the job.

I would like to pay tribute to the State Auditors under whom I have received training, Mr. Sam Slate, the first State Auditor, Mr. Tom Wisdom, the second State Auditor and Mr. Zach Arnold, the third State Auditor. We have tried to take the best traits and policies of these gentlemen and mold them into a safe, sane and straightforward set of policies and code of ethics under which we now operatr. and which we believe pays dividends in the proper co~~uct of the office.

It is regretful that a small flurry started in the General Assembly over th': tenure of office of the State Auditor. I have never worked under a tenure of office, it has always been a case of doing a job or getting out, therefore, I feel that the tenure of office is of little importance. This statement is made because I want you Members to know that we are willing to accept the challenge of continuing to do a proper job for the people of the State and of staying free of entangling political alliances.

All reports issued by this office will be in written form and any Citizen is entitled to a copy of any and all reports regardless of his or her political creed. In fact, we would prefer not to even know of such connections when information h requested.

270

JOURNAL OF THE HOUSE,

I would like to here and now denounce any biased interpretation placed on our reports during the heat of a political campaign and to request the citizens of the State to write in for a copy of the report from which the interpretations are made so as to satisfy their own minds as to the proper informati~n.

Again I wish to thank you for the endorsement given our office and assure you that we will always strive to make each administration the best that can be had for the benefit of the people of the State.

Please feel free to call on us when our services are needed, in or out of Session, and we will comply with pleasure.

Sincerely yours,

BET:mm

B. E. Thrasher, Jr. State Auditor.

Mr. Culpepper of Fayette, moved that Mr. Thrasher's message be recorded in the journal and the motion prevailed.
Mr. Durden of Dougherty moved that the House do now adjourn until Monday morning at 10:00 o'clock and the motion prevailed.
Leaves of absence were granted Messrs. Gaston of Butts, Burton of Le,, Nicholson of Oconee, Whipple of Bleckley, McCamy of Whitfield, Hill of Troup, and Horne of Crisp.
The Speaker announced the House adjourned until Monday morning at 10:00 o'clock.

MONDAY, FEBRUARY 1, 1943

271

Representative Hall, Atlanta, Georgia.

Monday, February 1, 1943.

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 a prayer by the Rev. N. 0. Powell.

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

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Bowen Boynton Branch Brewton Bridges Broome Brunson Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey

Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness

Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hogg Holley Hooks Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin Mason Mavity Maund McCracken McEntire Mcintosh

272

JOURNAL OF THE HOUSE,

McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Overby Padgett Pannell Park Parker Peck Pettit Phillips Pirkle Porter Powell

Price Ray Rees Reid Reynolds Riddles purger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner

Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welsch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn Mr. Speaker

Mr. Etheridge of Fulton, Vice-Chairman of the Committee on Journal>, reported that the journal of Friday's proceedings had been read and found correct.

By unanimous consent the reading of the journal was dispensed with.

The journal was confirmed.

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

1. Introduction of bills and resolutions.

2. First readings and reference of House bills and resolutions.

3. Reports of standing committees.

4. Second reading of bills and resolutions favorably reported.

5. First reading and reference of Senate bills.

6. Third reading and passage of uncontested local bills.
The following message was received from His Excellency, the Governor, read and ordered filed :

MONDAY, FEBRUARY I, 1943

273

Ellis Arnall Governor

Office of the Governor Atlanta

Grace Cannington Secretary

February I, 1943

MR. SPEAKER AND MEMBERS OF THE HOUSE OF REPRESENTATIVES:

I direct your attention to the fact that under the law of this State the last day fixed for buying motor vehicle tags for the year 1943, without penalty, was January 31st.

In the past, some extension has usually been granted. If an extension is granted, it seems proper that it should be done by appropriate resolution of the General Assembly.

Accordingly, this matter is brought to your attention for such action, if any, as you may desire to take.

Respectfully submitted,

ea/ms

Ellis Arnall, Governor.

By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time, and referred to the Committees:
HB 246. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to amend the charter of the city council of Augusta, incorporated as the city council of Augusta, approved January 31, 1798 (Ga. Laws 1798) and the several other amendatory acts thereof so us to provide furloughs for all offict:rs and employees of the city council of Augusta covered by said acts, also including all regular firemen and policemen, while in the armed forces of the United States during the present war; to provide for their tenure of office; and for other purposes.
Referred to Committee on Municipal Government.
HR 247. By Mr. Reynolds of Clayton.
A bill to be entitled an act to amend an act known as Clayton commissioners-amendments, act No. 119 Georgia laws 1941, pages 818-819-820-821-822 and 823, approved February 26, 1941; to repeal the abolition of Panhandle militia district and the consolidation of same wth Lovejoy militia district;

274

JOURNAL OF THE HOUSE,

to repeal the provision of said amendment for the election of county commissioners by road districts only and not by county vote; and for other purposes.
Referred to Committee on Special Judiciary.
HB 248. By Mr. Reynolds of Clayton:
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 Clayton county; to define their duties and powers and prescribe their qualifications; to provide for the election of their successors, and for other purposes pertaining to county and county matters for the County of Clayton", and for other purposes.
Referred to Committee on Counties and County Matters.
HB 249. By Mr. Reynolds of Clayton:
A bill to be entitled an act to create the office of commissioner of roads and revenues for Clayton county; to provide for a clerk; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 250. By Mr. Heard of Elbert:
A bill to be entitled an act to amend the act creating a board of commissioners for Elbert county so as to fix the salary of the clerk; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton:
A bill to be entitled an act to amend the act known as the "Unemployment compensation law" by providing for the succession of the experience rating of an employer where his business is acquired by another; and for other purposes. Referred to Committee on State of Republic.
HR 63-251A. By Messrs. Goldberg and Hurst of Coweta. A resolution to extend the time for obtaining automobile tags for 1943 to April 1st 1943; and for other purposes. Referred to Committee on Ways and Means.
HR 64-251B. By Messrs. Smith and Durden of Dougherty, Heard of Elbert, Fortson of Wilkes, Phillips of Columbia, and Park of Greene: A resolution to extend the time to purchase motor vehicle license tags for the year 1943 to March 1st 1943; and for other purposes. Referred to Committee on Ways and Means.

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HB 252. By Messrs. Hand of Mitchell and Durden of Dougherty:
A bill to be entitled an act to amend chapter 92-67, section 92-6703 of the code of 1933, to provide where the county board of tax assessors have fixed an assessment on property for the years involved, any reassessment by the tax receiver shall be void; and for other purposes.
Referred to Committee on State of Republic.
HB 253. By Messrs. Peck of Dade and Hicks of Floyd.
A bill to be entitled an act to amend an act to license and regulate the business of making small loans; to define the excess of assigned compensation over the consideration paid therefor as interest; to exempt certain banks and others; and for other purposes.
Referred to Committee on General Judiciary No. I.
HB 254. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend section 3-704 of the code of 1933. limiting the time in which suits for the recovery of wages, overtime or damages may be filed; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 255. By Mr. Heard of Elbert:
A bill to be entitled an act to fix the salary of the commissioner of roads and revenues of Elbert county at $2,400.00 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 256. By Messrs. Fortson of Wilkes, Phillips of Columbia and Dorsey of Cobb:
A bill to be entitled an act to provide that persons or corporations constructing or operating pipe lines for the transportation of petroleum and petroleum products shall have the right of eminent domain; and for other purposes. Referred to Committee on State of Republic.
HB 257. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta to authorize the city to extend sewer lines beyond the corporate limits, and to build disposal plants; and for other purposes. Referred to Committee on Municipal Government.
HB 258. By Mr. Fortson of Wilkes: A bill to be entitled an act to provide that motor vehicle licenses shall be

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purchased before April 1st of each year; and for other purposes. Referred to Committee on Ways and Means.
HB 259. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta to acquire by gift or purchase property for public streets and side walks; and for other purposes. Referred to Committee on Municipal Government.
HB 260. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the city of ~arietta to create a Marietta planning commission with the right to designate zones and districts for various uses; to regulate buildings and use of property for buildings; and for other purposes. Referred to Committee on Municipal Government.
HB 261. By Mr. Wells of Telfair:
A bill to be entitled an act to provide that the clerk of the commissioners of Telfair county shall receive a salary of $125.00 per month; and for other purposes. Referred to Committee on Counties and County Matters.
HB 262. By Messrs. Broome, Hubert and Turner of DeKalb:
A bill to be entitled an act to increase the salary of the judge and solicitor of the City Court of Decatur; and for other purposes.
Referred to Committee on Special Judiciary.
By unanimous consent, the following bills of the House were read the third time and placed upon their passage:

HB 131. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to provide that no funds shall be withdrawn or released from the reserve fund of the county until advertised for ten days in the official organ; and for other purposes.
The report of the committee, which was favorable to the passage of the bil!, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 134. By Mr. Looper of Dawson:
A bill to be entitled an act to abolish the office of the tax collector of Dawson county and create the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 192. By Mr. Looper of Dawson: A bill to be entitled an act to provide for one commissioner of roads and revenues of Dawson county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 193. By Mr. Moore of Taliaferro: A bill to be entitled an act to amend the act creating the board of commissioners of roads, public property and finances for the counties of Warren and Taliaferro, to authorize said board to employ 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 107, the nays 0.
HB 199. By Mr. Nicholson of Oconee: A bill to be entitled an act to consolidate the office of tax collector and tax receiver of Oconee county, and to create the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution of the House was read and adopted:

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HR 65. By Mr. Park of Greene:

A RESOLUTION

Owing to the fact that many citizens of Georgia have not paid their license tax $ on their automobiles, busses and trucks up to this date, February 1, 1943, therefore

Be it resolved by the House of Representatives, the Se'nate of Georgia concurring, that the Governor of Georgia is hereby requested to extend the time for the payment for said license taxes to March 1, 1943 without any additional charges.

Be it further resolved that in the event this resolution is adopted by the House of Representatives that it be transmitted by the Clerk of the House of Represent:tives immediately to the State Senate.
By unanimous consent, HR 65 was ordered immediately transmitted to the Senate.
Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House to wit:
HB 45.
HB 124.
HB 160.

HR 65.

Respectfully submitted,

Branch of Tift, Chairman.

The following message was received from the Senate through Mr. Nevin, 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:
SB 50. By Senators Terrell of the 19th, Ennis of the 20th and Pittman of the 42nd: A bill to amend and revise the laws relating to costs collected in cases in the supreme court and the court of appeals; and for other purposes.

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279

HR 65. By Mr. Park of Greene:
A resolution requesting extension of time for the payment of said license taxes to March 1, 1943, without any additional charges.

Under the regular order of business the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

SB 5.

By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Arnall of the 36th, Kennedy of the 2nd, and Bacon of the 28th districts:

A bill to be entitled an act to create the state board of pardons and paroles; to provide for term of office; appointment; powers; and for other purpose'>.

The following amendments were read and adopted:

The Committee of the House on State of Republic moves to amend SB 5 by striking the last sentence in section 10, and inserting in lieu thereof the following language, to wit: No member of the present prison and parole board shall be eligible to be appointed a member of said board of pardons and paroles, or to any subordinate position under such board, until two years after the term of office of such member of the present prison and parole board shall have expired.

Messrs. Harris of Richmond and Mitchell of Monroe move to amend SB 5, section 17, line 8 by striking from said section 17, line 8 the word "without" and inserting in lieu therefor the word "with".

Messrs. Mitchell of Monroe and Harris of Richmond move to amend section 15 of SB 5, by striking from the end of said section the following language to wit:
"And if so returned, it shall be without benefit of computing the time served on parole as a part of such persons sentence."
Messrs. Goldberg and Hurst of Coweta and Pannell of Murray move to amend
section 11 of SB 5 by adding thereto at the end of said section 11 the following:
"Provided, however that the board by an affirm:ttive vote of two of its members shall have the power to commute a sentence of death to one of life imprisonment.

Messrs. Pannell of Murray, Goldberg and Hurst of Coweta move to amend SB 5, section 13-By adding at the end of line three after the word necessary the words, "provided two members of said board may commute a death sentence to life imprisonment."
Messrs. Kelly of Thomas and Smith of Carroll move to amend SB 5 by striking after the word "record" in the 6th line of section 13 down and including the word "prison" in the 8th line and adding in lieu thereof the following: "good conduct and

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efficient performance of duties by a prisoner shall be considered by the board in his favor and shall merit consideration of an application for pardon or parole.
Messrs. Guyton of Effingham, Durden of Dougherty move to amend SB 5 by adding another section appropriately numbered and reading as folows: "The granting of reprieves and pardons, under the conditions of this act shall be subject to approval by the Governor until such time as article 5, section 1, paragraph 12 taking this authority from the Governor, shall have been ratified."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill as amended, the ayes were 121, the nays 3.
The bill having received the requisite constitutional majority was passed, as amended.
SB 6. By Senators Lester of the 18th, Gross of the 31st, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Ingram of the 57th districts:
A bill to be entitled an act to revise the laws relating to the penal administration, pardons, paroles, to change the name of the prison and parole commission, to continue in office the present prison and parole commission; and for other purposes.
The following amendment was read and adopted:
Mrs. Mankin of Fulton moves to amend SB 6, by striking section 4, therefrom with subsequent renumbering of the following sections.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
SB 9. By Senators Lester of the 18th, Harrison of the 17th, and Forester of the 44th districts:
A bill to be entitled an act to establish a finance commission; to provide for the powers, duties and members thereof; to provide a method of budget appeal; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

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281

SB 16. By Senators Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st and Dean of the 34th districts :

A bill to be entitled an act to provide for fresh pursuant by military forces and authorizing this state to cooperate with other states therein; and for other purposes.

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

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

Adams Alexander Alwood Baker Bates Battles Barfield Bargeron Bennett Bentley Bowen Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Cates Cheshire Clark Connell Cowart Culpepper Dallis Dalton Daves Deal Dorsett Dunn Durden Dyal Easler Edwards

Elliott Etheridge Fisher Fortson Foster Fussell Gardner Gaskins Gavin Gholston Giddens Gillis Goldberg Graham Gray Grayson Greene of Jones Guerry Guyton Hand' Harden Hart of Quitman Hart of Thomas Hartness Hatchett Hefner Herndon Hicks Hightower Hill of Clarke Hogg Hubert Hurst Jennings of Sumter

Jennings of Terrell Johns Johnson of Pike Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Mason Mavity Maund McCracken McEntire Mcintosh Medders Miller Mills Minchew Mitchell Moore of Baldwin Nicholson of Richmond Norman Odom Ogburn Overby Pannell Park

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Parker Peck: Pettit Phillips Pirkle Porter Powell Ray Reid Reynolds Riley Rossee Roughton Rowland Salter

Sharpe Sheppard Sills Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thrash Thurmond

Waller Warnock: Weaver Welsch Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Wilson Woodruff Wright Yawn

Those not voting were:

Allison Anderson Boynton Branch Brewton Burton Campbell of Polk Cannon Chance Copland Crummey Curry Drake Dukes DuPree Ennis Ennis Ferguson Gaston

Gilbert

Moate

Gowen

Moore of Taliaferro

Greene of Schley

Nicholson of Oconee

Hagan

Oliver

Hardy

Padgett

Heard

Price

Hill of Troup

Pruitt

Holley

Rees

Hooks

Riddlespurger

Horne

Roper

Howard

Rountree

Joiner

Russell

Johnson of Chattahoochee Smiley

Johnston

Smith of Carroll

Martin

Thompson

McCamy

Turner

McNall

Whipple

Mims

Willoughby

Mixon

Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 147, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 17. By Senators Millican of the 52nd, Gross of the 31st, Atkinson of the 1st,
Pope of the 7th, Harrison of the 17th, Terrell of the 19th, and Forester of the 44th districts :

MONDAY, FEBRUARY 1, 1943

283

A bill to be entitled an act to authorize the establishment of a merit system of personnel administration, to include the employees of the state departments of labor, public welfare, or health or any of them, to authorize the establishment of a merit system council, to issue rules and regulations and to take over departments, merit systems in the state departments; and for other purposes.
The following amendments were read and adopted:
Mr. Durden of Dougherty moves the amendment of SB 17 as follows: Section (a). by striking said sub-section as it appears in the original bill and substituting in lieu thereof the said section (la).
"That there is authorized to be created and established a merit system of personnel administration covering the employees of the state and county departments of health, the state and county departments of public welfare, and/or the bureau of unemployment compensation of the state department of labor." Amend section 3, sub-section E by adding at the end of said sub-section the following sentence: "Provided that nothing contained herein shall be construed to impair the requirements of section 13 (a) and (b) of the unemployment compensation law of this state."
Messrs. Smith and Elliott of Muscogee move to amend sub-section (d) of section 2 of SB 17 as follows: By striking the figures "$10.00" where the same appear and substituting in lieu thereof the figures "$7.00".
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 118, the nays l.
The bill having received the requisite constitutional majority was passed, as amended.
SB 46. By Senators Gross of the 31st, Atkinson of the lst, Arnall of the 36th, Pope of the 7th, Whitworth of the 30th, Forester of the 44th, and Raynor of the 4th districts :
A bill to be entitled an act to amend an act entitled an act to create a department of public safety for Georgia by substituting a new section l article 1 providing for members of the department of public s;tfe.ty; and for other purposes.
The following amendments were read and adopted:
Messrs. Price of Clark, Heard of Elbert, Gillis of Treutlen, Hagan of Screven move to amend SB 46 by striking out the words "not less than thirty nor more than fifty years" wherever they may appear, and inserting in lieu thereof the words "not less than twenty-five nor more than fifty-five," where used in connection with the qualifications of the director and assistant director.

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Mr. Elliott of Muscogee moves to amend SB 46 by adding a new section immediately before the repealing clause to be appropriately numbered and to read as follows:
"Such employees of the department of public safety as heretofore constituted who have be~n granted leaves of absence by the department for the purpose of permitting such employee to enter the military service of the United States shall hav~ their names retained by the department hereby created as employees on leave in the same capacities as they are now retained until ~uch time as the military service of the respective employees in the armed forces of the United States shall have been terminated; at which time the department hereby created shall determine whether such employee shall be again actively employed by said department."
The report of the committee, which was favorable to the passage ef the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 129, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
SR 26. By Senators Pope of the 7th, Clements of the 9th, Boyett of the 11th, Simmons of the 8th, and Ansley of the lOth districts:
A resolution designating January 23 to 31 as Peanut Week in Georgia; 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 89, the nays 36.
The resolution having failed to receive the requisite constitutional majority was lost
.Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following resolution of the House to wit:
HR 65.
Respectfully submitted,
Johnson of Chattahoochee, Chairman.
The following resolution of the House was read and ordered lay on the table for one day:

MONDAY, FEBRUARY l, 1943

285

HR 67. By Mr. Campbell of Newton: A resolution requesting the department of labor to investigate the alleged
importation of southern farm labor and make a report to the House of Representatives.
Mr. Durden of Dougherty moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted Mr. Herndon of Hart.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

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Representative Hall, Atlanta, Georgia.
Tuesday, February 2, 1943.
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 a prayer by the Reverend J. L. Fain.
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 an order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.
The following message was received from the Senate through Mr. Nevin, tht! Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills
and resolutions of the Senate to wit: SR 38. By Senator Pope of the 7th:
A resolution providing that a joint committee of escort be appointed by the President of the Senate and Speaker of the House respectively, to escort General Wood to the joint session today. The president appointed on the part of the Senate the following:
Senators: Pope of the 7th Raynor of the 4th Griner of the 45th Lester of the 18th
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:

TUESDAY, FEBRUARY 2, 1943

287

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 75. A bill to be entitled an act to regulate the sanitary conditions of shellfish in Georgia and to provide for inspection of oyster beds; to prohibit the taking of oysters from contaminated waters; and for other purposes.
SR 13. By Senators Gross of the 31st, Ennis of the 20th, Harrison of the 17th, Eubank of the 29th, Forester of the 44th, Pope of the 7th, Terrell of the 19th, Kennon of the 6th, Kennedy of the 2nd, Ingram of the 51st, Kaigler of the 12th, Ansley o fthe lOth, Foster of the 40th, Dean of the 34th and Peterson of the 15th. ,
A resolution to submit to the qualified voters at the next general election a proposal to provide for taxation for a teacher's retirement plan.
HB 36. By Mr. Thigpen of Glascock:
A bill to repeal an act entitled an act creating a board of commissioners of roads and revenues of Glascock county, (Georgia Laws 1941, pages 857 and 858), relating to authorizing traveling expenses and authorizing commissioners to be employed and paid as county employees; and for other purposes.
HB 80. By Messrs. Alexander, Grayson and McNall of Chatham county, and others.
A bill to amend the charter of mayor and alderman of the City of Savan nah and for other purposes.
HR 66. By Thurmond of Hall and Ferguson of Camden:
A resolution providing for a joint session of the Senate and House on Tuesday, the second day of February 1943, at 12 o'clock noon for the purpose of hearing an address by Brigadier General Eric Fisher Wood, United States Army, Commanding Officer, Headquarters Internal Security, Fourth District.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 25. By Senator Bloodworth of the 22nd:
A bill to amend an act of the General Assembly of the State of Georgh, 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 have an interest; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 38. By Senator Lester of the 18th:
A bill to repeal sections 40-206 of the code of Georgia of 1933 as amended by an act approved March 22nd, 1937 (Georgia Laws, 1937, pp. 431-432) and section 40-1301 of the Georgia code of 1933, providing for the suspension of the state treasurer or comptroller general; and for other purpose~.
SB 43. By Senator Millican of the 52nd:
A bill authorizing the superior courts of the state to hear and determine the time and place of birth of persons on petition for establishment of birth certificates, giving residence and certified copy of the judgment of court and filing with the permanent records of the state department of health.
SB 52. By Senator Arnold of the 26th:
A bill to amend the banking law and section 13-2048 of the code of Georgia of 1933, concerning the deposit of a deceased depositor; and for other purposes.
SB 53. By Senator Arnold of the 26th:
A bill to amend the banking laws and section 13-2013 of the Georgia code of 1933, which provides a limit for loans by state banks to any one person, firm or corporation; and for other purposes.
The following message was received from the Senate through , Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requ1s1te constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 55. By Senator Arnold of the 26th:
A bill to amend section 24-3104 of the code of Georgia of 1933, relating to compensation of court reporters in criminal cases; and for other purposes.
SB 58. By Senator Bloodworth of the 22nd:
A bill to amend an act approved August 3, 1927, entitled "An act to re-enact the ch~rter of the city of Macon contained in the act approved August 17, 1914, together with the acts amending same, passed since 1914, with certain changes in said acts; and for other purposes.
SB 65. By Senators Terrell of the 19th and Williams of the 5th:
A bill to be entitled an act to preserve the eligibility of certain newspapers to be designated as official organs for the publication of legal advertisements when such newspapers have been forced to suspend publication because of the exigencies of war; and for other purposes.

TUESDAY, FEBRUARY 2, 1943

289

SB 66. By Senator Arnold of the 26th:
A bill to amend the banking laws and Title 13, of the Georgia code of 1933, to provide the par value of shares of stock of banking corporations; and for other purposes.
SB 74. By Senator Boyett of the 11th:
A bill to amend the act approved August 19, 1912, which was an amendment to an act approved January 15, 1854, incorporating Andrew Female college; to provide for changes in the number of trustees; and for other purposes.
SB 75. By Senators Atkinson of the 1st, Raynor of the 4th, Williams of the 5th Kennedy of the 2nd, and Harrison of the 17th:
A bill to regulate the sanitary conditions of shellfish; and for other purposes.
By unanimous consent, the following resolution of the Senate was read and adopted:
SR 38. By Senator Pope of the 7th district:

A RESOLUTION

Be it resolved by the Senate, the House concurring, that a joint committee of escort be appointed, four on the part of the Senate and four on the part of the House, to be appointed by the President of the Senate and the Speaker of the House, to escort Brigadier General Wood to the joint session of the General Assembly at 12:00 noon on Tuesday, February 2, 1943.

The speaker .appointed as a committee of escort on the part of the House, the following members of the House to wit:
Messrs. Ferguson of Camden, Porter of Gordon, Hooks of Emanuel, and Thurmond of Hall.

By unanimous consent the following bills and/or resolutions of the House were

introduced, read the first time, and referred to the committees:



HB 263. By Mr. Norman of Henry:

A bill to be entitled an act to amend the general tax act so as to exempt from the payment of poll taxes all veterans of world war No. 1, and world war No. 2; and for other purposes.
Referred to Committee on Ways and Means.

HB 264. By Mr. Looper of Dawson:
A bill to be entitled an act to abolish the board of commissioners of roads and revenues of Dawson county; and for other purposes. Referred to Committee on Counties and County Matters.

290

JOURNAL OF THE HOUSE,

HB 265. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to amend the charter of the City of Athens, to provide for the filling of vacancies on the commission for the management of the sinking fund for bonded indebtedness; and for other purposes.
Referred to Committee on Municipal Government.
HB 266. By Messrs. Gaskins of Berrien, Bennett of Ware, Willoughby of Clinch, Cowart of Lowndes, Knabb of Charlton and Minchew of Atkinson:
A bill to be entitled an act to amend the act approved March 31, 1937, (Ga. Laws 1937, pp. 716-719) by striking section 4 in its entirety and substituting a new section to provide any dealer purchasing animals for resale or slaughter shall keep the license number of the automobile or truck of the seller and a description of the animals bought, and obtain a bill of sale; and for other purposes.
Referred to Committee on General Agriculture No. 1.
HB 267. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon so as to provide for retirement of employees of the board of water commissioners; and for other purposes.
Referred to Committee on Municipal Government.
HB 268. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend the charter of the City of Forsyth to ' authorize a mayor and alderman to close up and abolish any street, road, or alley; and for other purposes.
Referred to Committee on Municipal Government.
HB 269. By Messrs. Sharpe of Toombs, Herndon of Hart, Caldwell of Troup and Thomas of Chattooga:
A bill to be entitled an act to make it lilegal to sell any hogs from any other state unless the seller has a certificate of a veterinarian that the same have been treated for cholera, and swine plague; and for other purposes.
Referred to Committee on General Agriculture No. 1.
HB 270. By Messrs. Battles and Mills of Decatur:
A bill to be entitled an act to grant the commissioner of roads and revenues of Decatur county to provide air-space safety zones adjacent to airports; to prohibit the erection of any structures within certain distances of airports; and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, FEBRUARY 2, 1943

291

HB 271. By Messrs. Mills and Battles of Decatur:
A bill to be entitled an act to repeal the present charter of the Town of Attapulgus, and to create a new charter for said town; and for other purposes.
Referred to Committee on Municipal Government.
HB 272. By Mr. Greene of Schley:
A bill to be entitled an act to abolish the offices of tax receiver and tax collector of Schley county and create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 273. By Mr. Clarke of Catoosa:
A bill to be entitled an act to abolish the board of commissioners of roads and revenues of Catoosa county and provide for a county commissioner; to provide for a referendum; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 274. By Mr. Clarke of Catoosa:
A bill to be entitled an act to create the office of commissioner of roads and revenues of Catoosa county, to define his duties and qualifications; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 68-274A. By Messrs. Durden of Dougherty, Culpepper of Fayette and Harris of Richmond:
A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution to provide that revenue anticipation obligations shall not be deemed debts of or to create debts against the political sub-division issuing same ; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
HR 69-274B. By Mr. Key of Jasper:
A resolution to amend the rules of the House to create a Committee to be known as "Veterans Affairs".
Referred to Committee on Rules.
HB 275. By Messrs. Gowen and Gilbert of Glynn:
. A bill to be entitled an act to amend an act approved March 1, 1933, (G<t. Laws 1933, pp. 224-225) by providing for the admission to practice law ~f

292

JOURNAL OF THE HOUSE,

a resident or non-resident attorney who has been licensed in all the courts of any other state for ten years; and for other purposes.
Referred to Committee on General Judiciary No.2.
HR 70-275A. By Mr. Harden of Turner:
A resolution proposing an amendment to article 3, section 7, of the constitution to provide veterans of any war shall be given preference in any civil service scheme of any state department, county, city, or political sub-division thereof; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

HB 276. By Messrs. Durden and Smith of Dougherty:
A bill to be entitled an act to create a pension fund for all employees of the City of Albany; and for other purposes.
Referred to Commttee on Municipal Government.

HB 277. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the pension provisions of the charter of the City of Brunswick to provide pensions to employes who become permanently and totally disabled, irrespective of length of service ; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Foster of Paulding County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report: Mr. Speaker:
Your Committee on Amendments to Constitution No. 1 have had under consideration the following bill and resolution of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 4. Do Pass
HR 13-16B. Do Pass
Respectfully submitted, Foster ~f Paulding, Chairman.

Mr. Sills of Candler County, Chairman of the C&mmittee on Counties and County Matters, submitted the following report:

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293

Mr. Speakt-r:
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:

HB 120. Do Pass

HB 121. Do Pass

HB 153. Do Pass

HB 170. Do Pass

HB 171. Do Pass

HB 191. Do Pass,

HB 198. Do Pass

HB 225. Do Pass

HB 226. Do Pass

HB 227. Do Pass HB 234. Do Pass HB 248. Do Pass HB 249. Do Pass HB 250. Do Pass HB 255. Do Pass HB 261. Do Pass SR 88. Do Pass

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills of the House to wit:

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HB 131. HB 134. HB 192. HB 193. HB 199.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Mason of Morgan County, Chairman of the Committee on General Aglicultur._. No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 236. Do Pass
Respectfully submitted,
Mason of Morgan, Chairman.

Mr. Daves of Dooly 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:

HB 140. Do Pass by substitute

HB 138. Do Pass

HB 139. Do Pass

HB 222. Do Pass

Respectfully submitted,

Daves of Dooly, Chairman.

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295

Mr. Thigpen of Glascock County, Chairman of the Committee on Privilegt-s and Elections, submitted the following report:

Mr. Speaker:

Your Committee on Priveleges 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:

HB 162. Do Pass as amended

HB 163. Do Pass

HB 164. Do Pass

HB 196. Do Pass

HB 204. Do Pass

HB 230. Do Pass

Respectfully submitted,
Thigpen of Glascock, Chairman.

Mr. Bynum of Rabun County, Acting Chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker:

Your Committee on Public Property have had under consideration the following
resolution of the Senate and have instructed me as Acting Chairman, to report the same back to the Hous~ with the following recommendations:

SR 78. Do Pass

Respectfully submitted,

Bynum of Rabun, Acting Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State oi Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic have had under consideration the following bills ad resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE,

HB 251. Do Pass HB 256. Do Pass HB 104. Do Pass HR 32-llSB. Do Not Pass HB 235. Do Pass SR 30. Do Pass SB 36. Do fass SB 15. Do Pass as amended
Respectfully submitted, McCracken of Jefferson, Chairman.

By unanimous consent, the following bills and resolutions of the House and Senate favorably reported were read the second time:
HB 104. By Mr. Bynum of Rabun:
A bill to be entitled an act to provide for the establishing of a wild life department in any one or more counties of this state; and for other purposes.
HB 120. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend the act creating a board of commissioners of roads and revenues in Glascock county so as to provide that all printing shall be done by the official organ; and for other purposes.
HB 121. By Mr. Thigpen of Glascock:
A bill to be entitled an act to create a board of commissioners of roads and revenues for Glascock county; and for other purposes.
HB 138. By Messrs. Daves of Dooly, Allison of Gwinnett, Rossee of Putnam, De:ll of Bulloch, and Sumner of Worth:
A bill to be entitled an act to regulate and license maternity homes and tv authorize their inspection; and for other purposes.
HB 139. By Messrs. Daves of Dooly, Allison of Gwinnett, Rossee of Putnam, Deal of Bulloch, and Sumner of Worth:
A bill to be entitled an act to authorize the state board of health to acquire such laboratories and hospitals and other equipment as is necessary to carry out the public health program of this state; and for other purposes.

TUESDAY, FEBRUARY 2, 1943

297

HB 140. By Messrs. Daves of Dooly, Allison of Gwinnett, Rossee of Putnam, Deal of Bulloch, and Sumner of Worth:
A bill to be entitled an act to authorize the state department of health to destroy certain rectords; and for other purposes.
HB 153. By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to empower the board of commissioners of roads and revenues or other governing board of counties having a population of 200,000 or more to acquire real estate for the purpose of slum clearance and removal of public nuisances; and for other purposes.
HB 170. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal an act approved February 3, 1939, known as Clayton county zoning act; and for other purposes.
HB 171. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal section 2 of an act approved March 12, 1941, and known as Clayton county commissioner clerk bond-salary act; and for other purposes.
HB 191. By Mr. Looper of Dawson:
A bill to be entitled an act to amend the code with reference to the sale of contraband articles so as to provide that one-third of the proceeds of such sale go to the schools; and for other purposes.
HB 198. By Messrs. Hatchett and Thompson of Meriwether and Culpepper of Fayette:
A bill to be entitled an act to provide for the appointment in the several counties of the state of a holding and investment committee of sinking funds, and for other purposes.
HB 222. By Messrs. Smith and Reid of Carroll, Weaver of Bibb, Price of Clark!-, and Elliott of Muscogee:
A bill to be entitled an act to amend chapter 88-2 of the 1933 code so as to except combined city and county health departments from the provisions of this chapter; and for other purposes.
HB 225. By Mr. Dyal of Appling:
A bill to be entitled an act to repeal the act abolishing the offices of tax collector and tax receiver in and for the County of Appling; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 226. By Mr. Dyal of Appling:
A bill to be entitled an act to repeal certain approved acts relating to the Appling county commissioners; and for other purposes.
HB 227. By Mr. Dyal of Appling:
A bill to be entitled an act to create a new board of commissioners of road3 and revenues for Appling county; and for other purposes.
HB 234. By Mr. Bowen of Pierce:
A bill to be entitled an act to amend the act creating a board of commissioners of roads and revenues for Pierce county so as to provide for traveling expenses of the commissioners; and for other purposes.
HB 235. By Messrs. Drake of Seminole, Mims of Miller, Fortson of Wilkes. Harris of Richmond, McCracken of Jefferson, Bargeron of Burke, Hart of Quitman, Turner of DeKalb, Curry of Randolph, and Odom of Baker:
A bill to be entitled an act to fix the salary of the commissioner of labor at $6,000.00 per annum; and for other purposes.
HB 236. By Messrs. Mabry and Jennings of Sumter, Hefner of Pickens, Hogg of Marion, Jennings of Terrell, Curry of Randolph, Fussell of Webster, and Overby of Stewart:
A bill to be entitled an act to provide for six state fertilizer inspectors; to fix their salaries and duties; and for other purposes.
HB 248. By Mr. Reynolds of Clayton:
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 Clayton county; to define their duties and powers and prescribe their qualifications; to provide for the election of their successors"; and for other purposes.
HB 249. By Mr. Reynolds of Clayton:
A bill to be entitled an act to create the office of commissioner of roads and revenues for Clayton county; to provide for a clerk; and for other purposes.
HB 250. By Mr. Heard of Elbert:
A bill to be entitled an act to amend the act creating a board of commissioners for Elbert county so as to fix the salary of the clerk; and for other purposes.
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton:
A bill to be entitled an act to amend the act known as the "Unemployment compensation law" by providing for the succession of the experience rating

TUESDAY, FEBRUARY 2, 1943

299

of an employer where his business is acquired by another; and for other purposes.
HB 255.. By Mr. Heard of Elbert:
A bill to be entitled an act to fix the salary of the commissioner of roads and revenues of Elbert county at $2,400.00 per annum; and for other purposes.
HB 256. By Messrs. Fortson of Wilkes, Phillips of Columbia, and Dorsey of Cobb:
A bill to be entitled an act to provide that persons or corporations constructing or operating pipe lines for the transportation of petroleum and petroleum products shall have the right of eminent domain; and for other purposes.
HB 261. By Mr. Wells of Telfair:
A bill to be entitled an act to provide that the clerk of the commissioners of Telfair county shall receive a salary of $125.00 per month; and for other purposes.
HR 13-16B. By Messrs. Foster of Paulding, McCracken of Jefferson, Phillips of Columbia, Key of Jasper, MeNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Nicholson and Holley of Richmond and Smith of Muscogee.
A resolution proposing an amendment to the constitution so as to provide for a teachers' retirement plan; and for other purposes.
HB 162. By Messrs. Thigpen of Glascock, Fortson of Wilkes, and Clark of Catoosa:
A bill to be entitled an act to amend section 34-1904 of the 1933 code so as to provide that candidates must file a petition from not less than five per cent of the registered voter~; and for other purposes.
HB 163. By Messrs. Thigpen of Glascock, Fortson of Wilkes, and Clark of Catoosa:
A bill to be entitled an act to amend section 34-406 of the 1933 code so :~s to require the clerk of the superior court in every county to file with the secretary of state a certificate showing the number of registered voters io his county; and for other purposes.
HB 164. By Messrs. Thigpen of Glascock, Fortson of Wilkes, and Clark of Catoosa:
A bill to be entitled' an act to amend chapter 34-32 of the 1933 code so as to provide that the chairman .and secretary of the state committee of any

300

JOURNAL OF THE HOUSE,

political party must certify to the secretary of state the names of candidates; and for other purposes.

HB 196. By Messrs. Turner, Hubert, and Broome of DeKalb:
A bill to be entitled an act to provide that registrars in DeKalb county shall prepare separate voters lists for each voting precinct in a militia district containing more than one voting precinct; and for other._ purposes.

HB 204. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to amend section 34-1905 of the 1933 code, relating to voting, so as to provide that a freeholder may aid any blintl, illiterate or person who has lost the use of his hands; and for other purposes.

HB 230. By Messrs. Johnson of Pike and Weaver of Bibb:
A bill to be entitled an act to amend an act approved March 27, 1941 so as to provide that any defeated candidate who receives ninety per cent of the number of votes received by the leading candidate may demand a recount; and for other purposes.

SB 4.

By Senators Pope of the 7th, Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Eubank of the 29th, Terrell of the 19th, Forester of the 44th, Millican of the 52nd, Bacon of the 28th, Kennedy of the 2nd and Arnall of the 36th districts:

A bill to be entitled an act to propose to the qualified electrs for ratification or rejection an amendment of article 8, section 2, of the constitution of the state of Georgia by adding a new paragraph to provide for a state board of education; and for other purposes.

SB 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Terrell of the 19th and Forester of the 44th districts:
A bill to be entitled an act to amend section 18 of an act approved February 26, 1937 (Ga. Laws, pp. 355-368) set forth in the 1933 Georgia code, annotated, supplement, as section 99-434, relating to abolition of board of control and transfer of its functions to the board of public welfare, so as tt> provide that the authority, powers, duties, supervision, be transferred to state board of education; and for other purposes.
SB 22. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to provide for the sale and transfer by guardiam, administrators, executors, trustees, and other evidence of indebtedness; and for other purposes.

TUESDAY, FEBRUARY 2, 1943

301

SB 30. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the constitution to allow local constitutional amendments to be voted on only by counties affected; and for other purposes.

SB 36. By Senator Arnall of the 36th district:
A bill to be entitled an act to repeal an act approved March 8, 1937, entitled, "An act to establish a state planning board; to provide for the appointment of a chairman and members of the board; .and for other purposes.

SR 28. By Senator Raynor of the 4th district:
A resolution deeding the title of certain lands to Charlton county; and for other purposes.

By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to committees:

SR 13.

By Senators Gross of the 31st, Ennis of the 20th, Harrison of the 17th,

Eubank of the 29th, Forester of the 44th, Pope of the 7th, Terrell of the

19th, Kennon of the 6th, Kennedy of the 2nd, Ingram of the 51st, Kaigler

of the 12th, Ansley of the lOth, Foster of the 40th, Dean of the 34th, and

Peterson of the 15th districts:



A resolution proposing to the qualified voters an amendment to the constitution so as to provide for a teachers' retirement plan; and for other purposes.

Referred to Committee on Amendments to Constitution No. l.

SB 25. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to amend an act approved March 12, 1937 so as to further provide a method of obtaining leave to sell property set apart ai a year's support in which minor children have an interest; and for other purposes.
Referred to Committee on General Judiciary No. 2.

SB 38. By Senator Lester of the 18th district:
A bill to be entitled an act to repeal section 40-206 of the 1933 code which provides for the suspension of the state treasurer and state comptroller general; and for other purposes.
Referred to Committee on State of Republic.

SB 43. By Senator. Millican of the 52nd district:
A bill to be entitled an act to authorize the superior courts of the state to he2.r and determine the time and place of birth on petition of persons to establish birth certificates; and for other purposes. Referred to Committee on Hygiene and Sanitation.

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JOURNAL OF THE HOUSE,

SB 50. By Senators Terrell of the 19th, Ennis of the 20th, and Pittman of the 42nd districts:
A bill to be entitled an act to amend and revise the laws relating to the collection of costs in cases in the supreme court and the court of appeals; and for other purposes.
Referred to Committee on General Judiciary No.2.
. SB 52. By Senator Arnold of the 26th district: A bil to be entitled an act to amend the banking law and section 13-2048 of the 1933 code, concerning the deposits of a deceased depositor; and for other purposes.
Referred to Committee on Banks and Banking.
SB 53. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking law and section 13-2013 of the 1933 code, which provides a limit for loans by state banks; and for other purposes.
Referred to Committee on Banks and Banking.
SB 55. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend section 24-3104 of the 1933 code relating to the compensation of court reporters in criminal cases; and for other purposes.
Referred to Committee on Special Judiciary.
SB 58. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to amend the charter of the City of Macon; and for other purposes.
R,eferred to Committee on Municipal Government.
SB 65. By Senators Terrell of the 19th, and Williams of the 5th districts: A bill to be entitled an act to preserve the eligibility of certain newspapers when such newspapers are designated as official organs and are forced to suspend publication due to the war; and for other purposes.
Referred to Committee on Public Printing.
SB 66. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking law and title 13 of the 1933 code so as to provide the par value of shares of stock of banking corporations; and for other purposes.
Referred to Committee on Banks and Banking.

TUESDAY, FEBRUARY 2, 1943

303

SB 74. By Senator Boyett of the 11th district:
A bill to be entitled an act to amend the acts incorporating Andrew Female college so as to provide for changes in the number of trustees; and for other purposes.
Referred to Committee on Corporations.

SB 75. By Senators Atkinson of the 1st, Raynor of the 4th, Williams of the 5th, Kennedy of the 2nd and Harrison of the 17th districts:
A bill to be entitled an act to regulate the sanitary conditions of shellfish in Georgia; to regulate the taking of oysters and to provide for their inspection; and for other purposes.
Referred to Committee on Game and Fish.

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

Mr. Speaker:

The Senate concurs in one House amendment and disagrees with the other

House amendment to the following bill of the Senate, and respectively asks that a

committee of conference be appointed:

'

SB 5. By Senators Lester of the 18th, Gross of the 31st, Atkinson of the 1st and others:

A bill to create the state board of pardons and paroles to provide for the appointment, terms of office, compensation, etc.; and for other purposes.

The president has appointed as a committee of conference on the part of the Senate:
Senators: Leste'r of the 18th, Pittman of the 42nd, and Simmons of the 8th.

Under the regular order of business the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:
SB 21. By Senators Arnall of the 36th, and Ingram of the 51st districts:
A bill to be entitled an act to make the term of the commissioner of agriculture concurrent with that of the Governor; to provide the tiq~e of election ; and for other purposes.

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 of the General Assembly convened for the purpose of hearing a message from Brigadier General Eric Fisher Wood, United States Army Commanding Officer, Headquar-

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JOURNAL OF THE HOUSE,

ters Internal Security, Fourth District, and was called to order by Honorable Frank C. Gross, President of the Senate.
The Secretary of the Senate read the resolution providing for the joint session 6 the General Assembly.
Accompanied by Governor Arnall and the Committee of Escort, Brigadier General Eric Fisher Wood appeared upon the floor of the House and delivered an address.
Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve and the motion prevailed.
The speaker called the House to order and further consideration of the following bill of the Senate was resumed:
SB 21. By Senators Arnall of the 36th and Ingram of the 51st districts:
A bill to be entitled an act to make the term of the commissioner of agriculture concurrent with that of the governor; to provide for his election ; and for other purposes.
Mr. Durden of Dougherty moved that the House do now adjourn and the motion prevailed.
The Committee on Bonds fo~ the Cruiser Atlanta submitted the following report:

House of Representatives Atlanta
Mr. Speaker:
Your special Committee on U. S. S. Atlanta bonds begs leave to report that the quota for this Legislature has been set at $250,000,
And the Committee suggests that if the figure of a quarter million dollars seems large, we respectfully submit,
That this is a large and powerful group which did on last Thursday add aa hour to the length of the day,
And that it can and will do this much to help our Capital City build a fighting &hip.
Respectfully, Broome of DeKalb, Johnston of Worth, and Swint of Spalding.
Leave of absence was granted Mr. Swint of Spalding.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

WEDNESDAY, FEBRUARY 3, 1943

305

Representative Hall, Atlanta, Georgia. Wednesday, February 3, 1943.

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 a prayer by the chaplain.

The roll was called and the following members answere-d to their names:

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton

Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan

Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahooch~e Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone

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JOURNAL OF THE HOUSE,

Mankin Martin Mason Mavity Maund McCamy McCracken McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Oliver Overby Pannell Park

Park Parker Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Salter Sharpe Sheppard Russell Sills Smiley Smith. of Carroll Smith of Dougherty

Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welsch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris Willoughby Wilson Woodruff 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.

Mr. Strickland of Haralson gave notive that at the proper time he would move that the committee having the following bill of the House in its possession report same back to the House:
HB 25. By Mr. Livingston of Polk:

A bill to be entitled an act to create a board of naturopathic examiners and to define and regulate the practice of naturopathy; and for other purposes.

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

WEDNESDAY, FEBRUARY 3, 1943

30i

1. Introduction of bills and resolutions.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills.
The following resolution of the House was read and adopted:
HR 72. By Messrs. Weaver of Bibb, Bynum of Rabun, Pannell of Murray, and Etheridge of Fulton:
Be it resolved by the House of Representatives of Georgia:
That this body deplores most deeply the untimely death of the Honorable 0. A. Park of Macon, Georgia. Born at Greenville, Georgia, in 1872, later in his youth he attended Vanderbilt University and the University of Georgia, and in 1931 was awarded honorary degree of Doctor of Laws by Emory University. He was admitted to the practice of Law in the year 1893, and practiced continuously until his death. He was a professor in the Law School at Mercer University from the year 1907 and many of the members of this body received legal instructions at his hands. He was a former president of the Georgia Bar Association. He was general counsel for the Georgia Bankers' Association since the year 1906. He served two terms in the General Assembly. He was the author of many legal works, including "Park's Annotated Code of Georgia". He was a trustee of Wesleyan College and a member of the Boardb of Stewards of Mulberry Methodist Church. In the death of such a son the State of Georgia has lost one of its most honored and useful citizens, and has suffered a distinct loss.
Be it further resolved:
That this resolution be spread upon the journal of the House of Representatives and a copy be sent to the members of his family.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:
SB 12. By Senators Arnall of the 36th, Gross of the 31st and others:
A bill to reorganize the state department of law by repealing code sections 40-1607, 40-1608 and 40-1609 relating to the department of laws, attorney general, assistant attorneys general, employment of counsel; to create a

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JOURNAL OF THE HOUSE,

department of law; to provide for an attorney general and assistants; and for other purposes.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time, and referred to the committees:
HB 278. By Messrs. Reynolds of Clayton, Harris of Richmond, Whipple of Bleck:ley, Durden of Dougherty and Gilbert of Glynn:
A bill to be entitled an act to repeal section 34-1302 of the code of 1933; to repeal an act of 1941 (Ga. Laws, 1941, pp. 321-323); to fix the time for holding general elections as Tuesday after the first Monday in November from 7 :00 a. m. to 6 :00 p. m. eastern standard time; to fix the time for primary elections; and for 'other purposes.
Referred to Committee on Privileges and Elections.
HB 279. By Mr. Boone of Wilkinson:
A bill to be entitled an act to amend the act creating the board of commissioners of Wilkinson county to provide a salary for the commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 280. B Mr. Thigpen of Glascock::
A bill to be entitled an act to reduce homestead exemption from taxes from $2,000.00 to $1,250.00; and for other purposes.
Referred to Committee on Ways and Means.
HB 281. By Messrs. Looper of Dawson, Sparks of Towns and Russell of White:
A bill to be entitled an act to provide a salary for the solicitor general of the northeastern judicial circuit instead of fees; and for other purposes.
Referred to Committee on Special Judiciary.
HB 282. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to provide a member of the county board of education of DeKalb county shall not be eligible for reelection for a period of two years; and for other purposes.
Referred to Committee on Education No. 1.
HB 283. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to provide garnishment after judgment or pending suit or judgment obtained in a city or county court, the garnishee may be required ,to answer summons in the superior court of his county if there

WEDNESDAY, FEBRUARY 3, 1943

309

is no city or county court therein; and for other purposes.
Referred to Committee on General Judiciary No.2.
. HB 284. By Mr. Woodruff of Barrow: A bill to be entitled an act to amend the charter of the City of Winder to provide a commission form of government with a city manager; and for other purposes.
Referred to Committee on Municipal Government.
HB 285. By Messrs. Rowland of Johnson, Anderson of Wayne, and Giddens of Calhoun:
A bill to be entitled an act to provide that theaters, night clubs, restaurants where entertainments are presented, and supper clubs to provide adequate exits for use in emergencies; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 286. By Messrs. Harden of Turner and Harris of Richmond:
A bill to be entitled an act to amend an act approved March 15, 1935 providing for license to disabled veterans so as to include veterans of the present war; and for other purposes.
Referred to Committee on Ways and Means.
HB 287. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to fix the salary of the treasurer of Meriwether county at $85.00 per month; and for other purposes.
Referred to Committee on Counties and Col'inty Matters.
HB 288. By Mr. Thompson of Meriwether:
A bill to be entitled an act to amend section 113-105 of the code of 1933, to provide where property of a deceased person has been sold, conveyed, or incumbered by the heirs at law by warranty, quitclaim or fee simple deed, or deed to secure debt, or mortgage, shall not be affected by the provisions of the will when not offered for probate within two years fdom the date of the death of such deceased person; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 289. By Mr. Smiley of Liberty:
A bill to be entitled an act to provide a salary for the commissioners of roads and revenues for Liberty county; and for other purposes.
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

HB 290. By Mr. Gaston of Butts:
A bill to be entitled an act to amend the charter of the Town of Pepperton to extend the city limits; and for other purposes. Referred to Committee on Municipal Government.

HB 291. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend the charter of the City of Athens to provide the term of the city recorder shall be four years instead of two; and for other purposes.
Referred to Committee on Municipal Government.
HB 292. By Mr. Thompson of Meriwether:
A bill to be entitled an act to amend section 113-908 of the code of 1933, to provide that real property of a deceased person sold, conveyed, or incumbered by the heirs at law by warranty. quitclaim or fee simple deed, or mortgage shall be discharged from claims of creditors of the deceased unless suit is instituted within two years from the death of the deceased; to provide liens, mortgages or deeds to secure debt properly recorded shall not be affected by the provisions of this act; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 293. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to fix the dates for holding superior court of Forsyth county; and for other purposes. Referred to Committee on Special Judiciary.
HB 294. By Mr. Pirkle of F;,orsyth:
A bill to be entitled an act to add certain roads to the state hgihway system; and for other purposes. Referred to Committee on Public Highways No. 2.
HB 295; By Mr. Pannell of Murray:
A bill to be entitled an act to provide the commissioners of roads and revenues of Murray county may work streets and roads in incorporated towns; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 71-295A. By Messrs. Weaver, Barfield and Wilson of Bibb:
A resolution to relieve Pete Goddard as surety on the bond of Noah Grimes; and for other purposes.
Referred to Committee on Special Judiciary.

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311

HR 73-295B. By Mr. Etheridge of Fulton: A resolution to appropriate $756.64 to pay Stocks Coal Company for coal furnished the state. Referred to Committee on Special Appropriations.
Mr. Welsch 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 resolutions of the Senate and House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 12. Do Pass
HR 16. Do Pass
HR 28. Do Pass HR 38. Do Pass HR 43. Do Pass
Respectfully submitted,
Welsch of Cobb, Chairman.

Mr. Miller of Lanier 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 bills of the House and have instructed me a.s Chairman, to report the same back to the House with the following recommendations:

HB 63. Do Pass

HB 39A. Do Not Pass Respectfully submitted,

Miller of Lanier, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker: Your Committee on Enrollment has e~amined, found properly enrolled and
ready for transmission to the Governor the following bills of the House to wit: HB 12. HB 13. HB 36. HB 80. Respectfully submitted,
Johnson of Chattahoochee, Chairman.

Mr. McNall of Chatham County, Chairman of the Committee on Game and Fish, submitted the following report:
Your Committee on Game and Fish have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 75. Do Pass
Respectfully submitted,
MeNall of Chatham, Chairman.

Mr. Allison of Gwinnett 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:
HB 111. Do Not Pass HB 97. Do Pass HB 268. Do Pass HB 224. Do Pass HB 30. Do Pass HB 209. Do Pass HB 257. Do Pass

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313

HB 207. Do Pass HB 241. Do Pass HB 237. Do Pass HB 203. Do Pass HB 246. Do Pass HB 259. Do Pass HB 277. Do Pass HB 260. Do Pass HB 98. Do Pass HB 99. Do Pass HB 105. Do Pass HB 141. Do Pass HB 221. Do Pass HB 186. Do Pass as amended HB 267. Do Pass HB 276. Do Pass HB 187. Do Pass HB 271. Do Pass HB 265. Do Pass
Respectfully submitted, Allison of Gwinnett, Chairman.

Mr. Bowen of Pierce County, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had ~nder consideration the following bill of the House and have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE,

HB 216. Do Pass

Respectfully submitted,

Bowen of Pierce, Vice-Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:

Your Committee op 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 recommendations:

HB 183. Do Pass

Respectfully submitted,

McCracken of Jefferson, Chairman.

Mr. Burnside of McDuffie County, Chairman of the Committee on Ways and Means, submitted the following report:
Your Committee on Ways and Means 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:
HB 154. Do Pass HB 174. Do Pass HB 175. Do Pass HR 59-242A. Do Pass
HB 55. Do Not Pass
HR 63-251A. Do Not Pass
HR 64-251B. Do Not Pass Respectfully submitted, Burnside of McDuffie, Chairman.

By unanimous consent, the following bills and resolutions, of the House and Senate favorably reported, were read the second time.
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Grayson and MeNall of Chatham, Durden and Smith of Dougherty,

WEDNESDAY, FEBRUARY 3, 1943

315

Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Hagan of Screven, Key of Jasper, Gowen of Glynn, Hurst and Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Gillis of Treutlen, Crummey of Wilcox and Heard of Elbert:
A bill to be entitled an act to establish a board to be known as agricultural and industrial board of Georgia, to perfect plans for development of agricultural, land and water utilization, flood control, conservation, land settlement, reforestation, tree cutting, watershed protection, public health, water supply reservation; and for other purposes.
HB 28. By Messrs. Grayson and McNall of Chatham, and Burnside of McDuffie:
A bill to be entitled an act to require payment of all state and county advalorem taxes on motor vehicles before an application for tag is granted; and for other purposes.
HB 30. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Union City in Fulton county; and for other purposes.
HB 38. By Mr. Sharpe of Toombs:
A bill to be entitled an act to provide for the holding of four times a year of the superior court of Toombs county, Georgia to fix the time for same,; and for other purposes.
HB 43. By Mr. Elliott of Muscogee:
A bill to be entitled an act to repeal section 14-1808 of the Georgia code as amended in 1933, to amend section 14-105 of the Georgia code, and to amend section 14-716 of the Georgia code by declaring certain days as public legal holidays, religious holidays ; and for other purposes.
HB 62. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to amend section 16-101 of the code of Georgia relating to "loans to persons not members; rate of interest", by inserting after the word corporation in the third and fourth lines the word "or partnership"; and for other purposes.
HB 97. By lHr. Hand of Mitchell:
A bill to be entitled an act to authorize the City of Pelham to pass zoning and planning laws; and for other purposes.
HB 98. By Mr. Phillips of Columbia:
A bill to be entitled an act to amend the charter of the Town of Harlem to authorize the governing authorities to pass zoning and planning laws; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 99. By Mr. Hardy of Jackson.:
A bill to be entitled an act to amend the charter of the City of Commerce to change the time for closing registration books; and for other purposes.
HB 105. By Mr. Minchew of Atkinson:
A bill to be entitled an act to amend the charter of the City of Pearson so as to provide for the filling of vacancies in mayor and council; and for other purposes.
HB 141. By Messrs. Caldwell, Hill and Dallis of Troup:
A bill to be entitled an act to amend the charter of the City of LaGrange, so as to extend the corporate limits of the city; and for other purposes.
HB 154. By Messrs. Hand of Mitchell and Smith of Muscogee:
A bill to be entitled an act to amend the income tax law by providing that alimony and separate maintenance received by a wife shall constitute income to said wife, and that the husband may deduct such payments from his gross income; and for other purposes.
HB 174. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to amend the act providing for exemption of taxation to the owner of personal property by providing for applications to be filed by May 1, instead of April 1, of each year; and for other purposes.
HB 175. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to amend the act providing for homestead exemption from taxation to provide for filing application for exemption by May 1, instead of April 1, of each year; and for other purposes.
HB 183. By Messrs. Key of Jasper, Fortson of Wilkes, and Malone and Ogburn of Laurens:
A bill to be entitled an act to provide revenue for the purposes of paying annuities and benefits to the peace officers of the state; to provide for a commission to receive and disburse such funds; and for other purposes.
HB 186. By Messrs. Littlejohn, Hicks, and Baker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome so as to provide for a retirement fund for the benefit of certain employees ; and for other purposes.
HB 187. By Messrs. Littlejohn, Hicks and Baker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome to provide that in case of a vacancy in office the vacancy shall be filled by the city commission; and for other purposes.

WEDNESDAY, FEBRUARY 3, 1943

317

HB 203. By Mr. Harden of Turner:
A bill to be entitled an act to repeal the act approved August 13, 1910, as amended August 19, 1918, incorporating the Town of Worth, in Turner county, and dissolving the corporation; and for other purposes.
HB 207. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon so as to provide for supplementary pensions to certain policemen and firemen of said city; and for other purposes.-
HB 209. By Mr. Hogg of Marion:
A bill to be entitled an act to amend the charter of the City of Buena Vista to provide that the salary of the mayor shall not be less than $100.00 per annum, nor more than $500.00 per annum; and for other purposes.
HB 216. By Mr. Smiley of Liberty:
A bill to be entitled an act to amend the act establishing the City Court of Hinesville to fix the salary of the judge at $1500.00 per year; and for other purposes.
HB 221. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to create a post war reserve fund for the replacement of worn out, depleted and obsolete equipment; and for other purposes.
HB 224. By Mr. Johnson of Chattahoochee:
A bill to be entitled an act to amend the act to amend the charter of the Town of Cusseta to authorize the building of a water works system; and for other purposes.
HB 237. By Mr. Burnside of McDuffie:
A bill to be entitled an act to amend the charter of the Town of Thomson relative to the salary of the mayor and policemen; and for other purposes.
HB 241. By Mr. Gaston of Butts:
A bill to be entitled an act to amend the charter of the City of Jackson to provide that the boundaries of the present cemetery may be extended in any direction; and for other purposes.
HB 246. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to amend the charter of the city council of Augusta incorporated as the city council of Augusta, approved January 31, 1798 (Ga. Laws, 1798) and the several other amendatory acts thereof so as

318

JOURNAL OF THE HOUSE,

to provide furloughs for all officers and employees of the city council of Augusta covered by said acts, also including all regular firemen and policemen, while in the armed forces of the United States during the present war; to provide for their tenure of office; and for other purposes.
HB 257. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta to authorize the city to extend sewer lines beyond the corporate limits, and to build disposal plants; and for other purposes.
HB 259. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta to acquire by gift or purchase property for public streets and side walks; and for other purposes.
HB 260. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta to create a Marietta planning commission with the right to designate zones and districts for various uses; to regulate buildings and use of property for buildings; and for other purposes.
HB 265. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to amend the charter of the City of Athens, to provide for the filling of vacancies on the commission for the management of the sinking fund for bonded indebtedness; and for other purposes.
HB 267. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon so as to provide for the retirement of employees of board of water commissioners; and for other purposes.
HB 268. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend the charter of the City of Forsyth so as to authorize the mayor and aldermen to close up and abolish any street, alley or road; and for other purposes.
HB 271. By Messrs. Mills and Battles of Decatur:
A bill to be entitled an act to repeal the present charter of the Town of Attapulgus and to create a new charter for said town; and for other purposes.
HB 276. By Messrs. Durden and Smith of Dougherty:
A bill to be entitled an act to create a pension fund for dl employees of the City of Albany; and for other purposes.

WEDNESDAY, FEBRUARY 3, 1943

319

HB 277. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the pension provisions of the charter of the City of Brunswick, to provide pensions for employees who become permanently and totally disabled, irrespective of length of service; and for other purposes.
HR 59-242A. By Messrs. Fortson of Wilkes and Durden of Dougherty:
A resolution authorizing the state treasurer to withhold the victory tax from the salaries of all state officials and members of the General Assembly pending a ruling from the commissioner of internal revenue; and for other purposes.
SR 12. By Senators Pittman of the 42nd, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, and Eubank of the 29th districts:
A resolution proposing to the voters an amendment to paragraph 12 of section 1 of article 5 of the constitution, which vests in the Governor power to grant reprieves and pardons, to commute penalties, to remove disabilities imposed by law, to provide for a state board of pardons and paroles; and for other purposes.
SB 75. By Senators Atkinson of the 1st, and Raynor of the 4th districts:
A bill to be entitled an act to regulate the sanitary conditions of shellfish in Georgia and to provide for the inspection of oyster beds; 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:
HB 120. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues of Glascock county. so as to provide that all printing shall be done by the official organ of the county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage o( the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 121. By Mr. Thigpen of Glascock:
A bill to be entitled an act to create a board of commissioners of roads and revenues for Glascock county; and for other purposes.

320

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 170. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal the act known as Clayton county zoning 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 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 171. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal the act known as the Clayton county tax commissioner clerk-bond-salary act, and to provide for the payment of the tax commissioner's and the clerk's salaries; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 225. By Mr. Dyal of Appling:
A bill to be entitled an act to repeal the act abolishing the offices of tax receiver and tax collector of Appling county, and creating the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 226. By Mr. Dyal of Appling:
A bill to be entitled an act to repeal the act creating the office of commissioner of roads and revenues for Appling county and the act to create a board of commissioners of roads and revenues for Appling county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 3, 1943

321

On the passage of the bill, the ayes were 109, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 227. By Mr. Dyal of Appling: A bill to be entitled an act to create a board of commissioners of roads and revenues for the County of Appling, to define their powers and duties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
HB 234. By Mr. Bowen of Pierce: A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues for the County of Pierce, with reference to the compensation 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 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 248. By Mr. Reynolds of Clayton: A bill to be entitled an act to repeal the act creating a board of commi~ sioners of roads and revenues for Clayton county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 249. By Mr. Reynolds of Clayton: A bill to be entitled an act to create the office of commissioner of roads and revenues for the County of Clayton; to provide for a clerk of 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 113, the nays 0.
The bill having received the requisite constitutional majority was passed.

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JOURNAL OF THE HOUSE,

HB 250. By Mr. Heard of Elbert:
A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues for the county of Elbert, with reference to the salary of the clerk 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 114, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 255. By Mr. Heard of Elbert:
A bill to be entitled an act to amend the act creating a board of commissioners of roads and revenues for the County of Elbert, with reference to the salary of the commissioner; and for other purposes.

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

On the passage of the bill, the ayes were 115, the nays 0.

The bill having received the requisite constitutional majority was passed.

HB 261. By Mr. Wells of Telfair:
A bill to be entitled an act to amend the act creating the office of commissioner of roads and revenues of the County of Telfair, with reference to the salary of the clerk 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 116, the nays 0.

The bill having received the requisite constitutional majority was passed.

SR 22. By Senator Dean of the 34th district:

A resolution authorizing the county commissioners of Rockdale county to

pay premiums on surety bonds of the county officials of Rockdale 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 117, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

WEDNESDAY, FEBRUARY 3, 1943

323

By unanimous consent, the following bill of the Senate was read the first time and referred to committee:

SB 12. By Senators Arnall o.f the 36th, Gross of the 36th, Atkinson of the 1st districts:
A bill to be entitled an act to reorganize the state department of law by repealing code section 14-1608, and 141607, 14-609; and for other purposes.

Referred to Committee on State of Republic.

The following bill of the Senate was again taken up for consideration:
SB 21. By Senators Arnall of the 36th, and Ingram of the 51st districts:
A bill to be entitled an act to make the term of the commissioner of agri-, culture concurrent with that of the Governor; to provide the time of election; and for other purposes.

The previous question having been moced prior to adjournment of yesterday's proceedings, the debate was limited to periods of twenty minutes.
The report of the committee, which was favorable to th passage of the bill, was agreed to.
Mr. Pannell of Murray moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Alexander Allison Anderson Baker Barfield Bargeron Bennett Bentley Bowen Boynton Branch Broome Brunson Burnside Burton Caldwell Cates Cheshire

Clark Connell Copland Crummey Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Ennis

Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gavin Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry

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JOURNAL OF THE HOUSE,

Hand

Martin

Harden

Mason

Hart of Quitman

Mavity

Hart of Thomas

Maund

Hatchett

McCamy

Heard

McCracken

Hefner

McEntire

Herndon

McNall

Hicks

Miller

Hightower

Mims

Hill of Clarke

Minchew

Hill of Troup

Mixon

Hogg

Moore of Baldwin

Holley

Nicholson of Oconee

Hurst

Nicholson of Richmond

Jennings of Sumter

Norman

Jennings of Terrell

Ogburn

Joiner

Oliver

Johns

Overby

Johnson of Chattahoochee Park

Johnson of Pike

Peck

Johnston

Pettit

Kelly of Walker

Phillips

Kendrick

Pirkle

Key

Porter

Knabb

Pruitt

Littlejohn

Re:d

Looper

Reynolds

Mabry

Riddlespurger

Malone

Riley

Mankin

Roper

Those voting in the negative were:

Alwood Bates Battles Boone Bridges Bynum Campbell of Polk Cannon Chance Cowart Culpepper Edwards

Elliott Gaston Gholston Guyton Hardy Hartness Hooks Horne Hubert Livingston Mcintosh Medders

Rossee Rowland Russdl Salter Sharpe Sheppard Sills Smiley Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Sumner Thigpen Thomas Thompson Warnock Welsch Wells of Ben Hill Well of Telfair Whipple Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright
Mills Mitchell Moate Pannell Parker Powell Price Ray Roughton Smith of Carroll Waller Wilbanks of Habersham

WEDNESDAY, FEBRUARY 3, 1943

325

Those not voting were:

Brewton Campbell of Newton Etheridge Hagan Howard Kelly of Thomas

Moore of Taliaferro Odom Padgett Rees Rountree Strickland

Swint Turner Weaver Yawn Mr. Speaker

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

On the passage of the bill, the ayes were 152, the nays 36.

The bill having received the requisite constitutional majority was passed.

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:

HB 13. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall and others:
A bill to be entitled an act to propide the qualifications of the adjutant general of Georgia to provide his official residence; and for other purposes.
HB 160. By Messrs. Riddlespurger of Colquitt, Broome of DeKalb, Nicholson of Richmond and others :
A bill to provide for the establishment of a department of labor, approved March 25, 1937 (Georgia Laws, 1937 pages 230-244) and all acts amendatory thereof by abolishing the present industrial board and creating in lieu thereof a state board of workmens compensation; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate disagrees to the House amendments to the following biil of the Senate and respectfully asks that a committee on conference be appointed.

SB 17. By Senators Millican of the 52nd, Gross of the 31st, Atkinson of the 1st and others:
A bill to authorize the establishment of a merit system of personnel administration to include the employees of certain departments; and for other purposes.

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JOURNAL OF THE HOUSE,

The president has appointed on the part of the Senate as a committee of conference:
Senators: Ennis of the 20th Terrell of the 19th, and Millican of the 52nd.
The following message was received from the Senate through Mr. ='levin, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position on the Senate amendments to the following bill of the House to wit:
HB 12. By Messrs. McNall and Grayson of Chatham and others:
A bill to abolish the division of wild life and office of commissioner of natural resources and to create a state game and fish commission and inspector of coastal fisheries; and for other purposes.
The president has appointed as a Committee of Conference:
Senators: Bloodworth of the 22nd, Pope of the 7th, and Atkinson of the 1st.
Mr. Durden of Dougherty moved that the House insist on its position and that a conference committee be appointed on the part of the House to confer with a like committee of the Senate on the following bills of the House and Senate and the motion prevailed:
HB 12. By Messrs. MeN all and Grayson of Chatham, Connell of Lowndes, Burnside of McDuffie, Phillips of Columbia, and Hand of Mitchell:
A bill to be entitled an act to abolish the division of wildlife and office of commissioner of natural resources and to create a state game and fish commission and inspector of coastal fisheries; and for other purposes.
The speaker appointed as a committee of conference, on the part of the House, the following members of the House to wit:
Messrs. Gowen of Glynn, Cates of Burke, and Salter of Upson.
HB 5. By Messrs. Welsch of Cobb, McCracken of Jefferson, Phillips of Columbia, and Grayson of Chatham:
A bill to be entitled an act to provide for appointment of members of the state board of pardons and paroles, and to prescribe the powers of said board ; and for other purposes.

WEDNESDAY, FEBRUARY 3, 1943

327

The speaker appointed as a committee of conference, on the part of the House, the following members of the House to wit:

Messrs. Welsch of Cobb, McCracken of Jefferson, and Foster of Paulding.

SB 17. By Senators Millican of the 52nd, Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Kennedy of the 2nd, and Bacon of the 28th; districts:
A bill to be entitled an act to authorize the establishment of a merit system of personal administration, to include the employees of the state department of labor, public welfare and health; and for other purposes.

The speaker appointed as a committee of conference, on the part of the House, the following members of the House to wit:
Messrs. Durden of Dougherty, Daves of Dooly, and Moore of Baldwin.

Under the regular order of business, the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

SB 4.

By Senators Pope of the 7th, Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Eubank of the 29th, Terrell of the 19th, Millican of the 52nd, Kennedy of the 2nd, Arnall of the 36th, and Bacon of the 28th districts:

A Bill-To be entitled an act to propose to the qualified electors for ratification or rejection an amendment of article VIII, section II of the constitution of the State of Georgia by adding a new paragraph to provide for a state board of education, to provide membership, appointment, qualification, term of office, tenure, filling of vacancies, eligibility for membership, powers and duties of the state board of education; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. That there shall be proposed to the qualified electors for ratification or rejection at the next general election an amendment of article VIII, section II of the constitution of the State of Georgia, by adding a new paragraph to be numbered paragraph 2 to read as follows:

"There shall be a state board of education, composed of one member from each Congressional district in the state, who shall be appointed by the Governor, by and wtih the advice and consent of the Senate. The Governor shall not be a member of the state board of education. The first state board of education under this provision shall consist of those in office at the time this constitutional amendment is adopted,

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with the terms provided by law. Thereafter, all succeeding appointments shall be for seven years terms from the expiration of the previous term. Vacancies upon said board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said board by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member for the board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the board shall hold office until their successors are appointed and qualify. The members of the state board of education shall be citizens of this state who shall have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public educational institution, or by the state department of education, shall be eligible for appointment or to serve on said board. No person who is or has been connected with or employed by a schoolbook publishing concern shall be eligible to membership on the board, and if any person shall be so connected or employed after becoming a member of the board, his place shall immediately become vacant. The said state board of education shall have such powers and duties as provided by law existing at the time of the adoption of this amendment, together with such further powers and duties as may be hereafter provided by law."

SECTION 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the "Ayes" and "Nays" thereon entered on their respective journals, it shall be published and submitted to the people for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted the result shall be declared and the amendment proclaimed as a part of the constitution, as provided by the constitution and laws relating to constitutional amendments.

SECTION 3. That all laws and parts of laws in conflict with this act be, and the same are, hereby repealed.

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

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

Those voting in the affirmative were:

Alexander Alwood Anderson Baker Bates Battles Barfield

Bargeron Bennett Bentley Boynton Branch Bridges Broome

Brunson Burnside Burton Bynum Campbell of Polk Cannon Cates

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329

Chance Cheshire Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey Drakt Dukes Dvnn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Fortson Foster Gardner Gaskins Gaston Gavin Gholston Giddens Gillis Goldberg Graham Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas

Hartness

Moore of Baldwin

Hatchett

Moore of Taliaferro

Hefner

Nicholson of Oconee

Herndon

Nicholson of Richmond

Hicks

Odum

Hightower

Ogburn

Hill of Clarke

Oliver

Hill of Troup

Overby

Holley

Pannell

Hooks

Park

Horne

Parker

Hubert

Peck

Hurst

Pettit

Jennings of Sumter

Phillips

Jennings of Terrell

Porter

Joiner

Powell

Johnson of Chattahoochee Price

Johnson of Pike

Pruitt

Johnston

Ray

Jones

Reid

Kelly of Thomas

Reynolds

Kelly of W aliter

Riddlespurger

Kendrick

Riley

Key

Rossee

Knabb

Roughton

Littlejohn

Rowland

Livingston

Russell

Looper

Salter

Mabry

Sharpe

Malone

Sheppard

Mankin

Sills

Martin

Smiley

Mason

Smith of Carroll

Mavity

Smith of M uscogee

McCamy

Smith of Oglethorpe

McCracken

Smith of Washington

McEntire

Sparks

Mcintosh

Strickland

Medders

Sumner

Miller

Thigpen

Mills

Thomas

Mims

Thompson

Minchew

Thrash

Mitchell

Thurmond

Mixon

Turner

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Waller Warnock Weaver Welsch Wells of Ben Hill

Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris

Willoughby Wilson Woodruff Wright Yawn

Those not voting were :

Adams Allison Boone Bowen Brewton Caldwell Campbell of Newton Clark Connell Copland Fussell

Gilbert Gowen Gray Grayson Heard Hogg Howard Johns McNall Moate Norman

Padgett Pirkle Rees Roper Rountree Smith of Dougherty Swint Wells of Telfair Williams of Gwinnett Mr. Speaker

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

On the passage of the bill, the ayes were 172, the nays 0.

The bill having received the requisite constitutional majority was passed.

SB 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Terrell of the 19th and Forester of the 44th districts:

A bill to be entitled an act to amend section 18 of an act approved February 26, 1937, relating to abolition of board control and transfer of its functions to the board of public welfare, so as to provide that the authority, powers, duties, be transferred to the state board of education; and for other purposes.

The following amendments to SB 15 was read and adopted:

The Committee on State of Republic of the House of Representatives of Georgia moves to amend SB 15, by inserting the words, "and to provide for the continued administration of that trust fund of the Georgia Academy for the Blind known as the Pupils' Trust Fund for the purposes for which it was created, to provide for the use of funds of said institutions, to make provision for the representation of trust funds and donations appertaining to said institutions," immediately before the words, "and for other purposes "where the same appears in the caption of said bill, and by adding new sections following section one of said bill, said sections being as follows:
"Section 18a. No statute nor regulation as to uniformity of curricula, course of study, text books, period of operation, qualifications or compensation of teachers, nor any other statute or regulation, applicable to other schools, shall apply to the schools

WEDNESDAY, FEBRUARY 3, 1943

331

herein referred to, as it is declared to be the public policy of this state that on account of the special requirements of care, training, and education, of the blind and of the deaf they shall have that care, training, and education, specially adapted to their needs, and the state board of education is authorized to act accordingly.
"Section 18b. The trust fund appertaining to the Georgia Academy for the Blind known as the "Pupils' Trust Fund" and which had its origin in a private subscription made by members of the General Assembly of Georgia prior to the War between the States shall be, and is hereby transferred to the state board of education, which shall administer the income from said fund for the benefit of the pupils of the Georgia Academy for the Blind, said state board of education holding and administering said funds as trustees until such time as the General Assembly shall appoint some other agency to operate said academy for the blind, and shall appoint some other agency to act as trustees for such fund.
Section 18c. When moneys or properties are appropriated by the Legislature, or received from any other source by the state board of education for the use and benefit of the Georgia Academy for the Blind or the Georgia School for the Deaf, the said board, unless otherwise directed by the General Assembly, shall not use said moneys or properties except for the benefit of the institution for whose use the moneys or property was appropriated or donated.
"Section 18d. Any trust fund or property, real, personal, or mixed, that may have been heretofore created by will or otherwise as a fund or gift or donation or devise to any hoard of trustees of any of the institutions hereinbefore mentioned, or to any executor or trustee to and for the use, benefit, or behoof of any such institution, shall not lapse by virtue of any of the provisions of this chapter, hut the same shall remain valid and of full force and effect, and such beneficial interest under any such deed or gift or will or other conveyance shall vest in said state board of education as trustee to and' for the use, benefit, and behoof of the institution intended to he benefitted by said gift, devise, or other conveyance in its favor. In any case where provisions of any deed of gift, or will, or other conveyance hereinbefore referred to, require a trustee, and no trustee shall in any contingency exist, said state hoard of education shall become a substituted trustee to carry out the beneficial purposes of said gift, de-
vt.se, or conveyance."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the hill, as amended, the ayes were 115, the nays 0.
The hill having received the requisite constitutional majority was passed, as amended.
SR 28. By Senator Raynor of the 4th district:
A resolution authorizing and directing the Governor to deed to Charlton county, a certain tract of land in Charlton county deeded. to the state for park purposes; and for other purposes.

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The following committee substitute was read and adopted:
A RESOLUTION-Whereas, on the 6th day of October, 1938, the property hereinafter described was deeded, without cost or expense, to the State of Georgia to be used for park purposes, said property being described as follows:
"That tract or parcel of land situate, lying and being in the 32nd district G. M. of Charlton county, Georgia, containing three-hundred twenty-six and five-tenths ( 326.5) acres, more or less, of Headright Land, and particularly described as follows: "Beginning at a point on Eastern edge of State Route No. 23, at Spanish Creek, thence running North 38 degrees and lO minutes E. along Route No. 23 a distance of 500.0 feet to angle in road; thence N. 37 degrees, 11 minutes E. along Route 23 a distance of 3080.6 feet to 1" pipe property corner; thence S. 31 degrees-24 minutes E. a distance of 1589.0 feet to 1" pipe property corner in Old Traders' Hill Road; thence S. 41 degrees, E. a distance of 3135.0 feet to 1" pipe property corner on old tram road bed; thence southwesterly along old tram road bed a distance of 2568 feet to run of Spanish Creek; thence upstream in a northwesterly direction along center of channel of Spanish Creek to a point of beginning, the said tract of land being bounded as follows: North by lands of Berry Cason and by lands of Sol. P. Mills and M. G. White, east by old "Yaryan Tram-Road Bed", the adjoining landowners being Sol. P. Mills and M. G. White, on the south by run of Spanish Creek, the adjoining landowner being Georgia-Florida Investment Co., and other lands of J. W. Buchanan estate, and on the west by State Route No. 23, the adjoining landowner being other lands of the J. W. Buchanan estate;
Also, that tract or parcel of land situate, lying and being in the 1142nd district G. M. of Charlton County, Georgia, and lying south of and adjacent to the above described tract, and particularly described as: "Beginning at a point on eastern edge of State Route No. 23 and run of Spanish Creek and runningS. 38 degrees and 10 minutes W. a distance of 78.9 feet to angle in road, thence South 26 degrees, 11 minutes E. along said Route No. 23 a distance of 3100.0 feet to a ~" pipe property corner;
thence S. 88 degrees, 29 minutes E. a distance of 2143.3 feet to '7:4" pipe property cor-
ner; thence N. 32 degrees, 46 minutes E. a distance of 739.5 feet to a stake corner; thence N. 25 degrees, 3 minutes east a distance of 625.5 feet to a stake corner on banks of Spanish Creek; thence upstream and in a northwesterly direction along center of channel of Spanish Creek to point of beginning," said described tract of land being bounded as follows: North by other lands of the J. W. Buchanan estate, Spanish Creek being the line as far as the dividing militia districts line; south by lands of J. V. Gowen, Sr., east by lands of Georgia-Florida Investment Co., and west by State Route No. 23, the adjoining landowner being other lands of the estate of J. W. Buchanan, deceased, said two tracts of land aboye described being more particularly described by plats of same made by J. Dean Gowen, surveyor, same being attached to the deed from C. S. Buchanan, executor, etc. to the State of Georgia as a part of said conveyance for description and all other legal purposes; the two tracts aggregating 439.9 acres as per plat attached as aforesaid." "That tract or parcel of land situate, lying and being in the 32nd district G. M. of Charlton county, Georgia, containing one hundred twenty-two ( 122.0) acres, more or less, and particularly described as follows:

WEDNESDAY, FEBRUARY 3, 1943

333

"Beginning at a point on "Old Trader's Hill Public Road", said point being designated by a 1" pipe, and being the southwest corner of tract of land herein conveyed and hereby described and from said point running N. 65 degrees and 21 minutes E. a distance of 314.6 feet to 1" pipe in old road; thence N. 45 degrees, 11 minutes E. a distance of 300.0 feet to a 1" pipe in old road; thence N. 39 degrees, 37 minutes E. a distance of 988.2 feet to a 1" pipe property corner in old Trader's Hill road, and at the southwest corner of the M. G. White field fence; thence S. 70 degrees, 19 minutes E. a distance of 2002.6 feet to a 1" pipe property corner on old tram road bed; thence S. 18 degrees, 51 minutes W. along old tram road bed a distance of 2948.3 feet to a l" pipe corner ,at end of old trestle on South side of "Wasteway Branch"; thence N. 41 degrees W. a distance of 3135.0 feet to point of beginning, said tract of land being bounded as follows: North by lands of M.G. White, east by lands of G. Guinn and lands of M.G. White; on the South by lands of the J. W. Buchanan estate, and west by lands of Berry Cason and lands of John C. Allen, the old Trader's Hill road being the line, said tract containing 122.0 acres, more or less, of Headright Land as aforesaid;
Also, that tract or parcel of land situate, lying and being in the 32nd district G. M. of Charlton county, Georgia, containing three hundred eighty-eight (388) acres, more or less, of Headright land, and particularly described as follows:
"Beginning at a point on old tram road at southern edge of Waste-Way branch, designated by a l" pipe and the northwest corner of tract being described and conveyed, thence runningS. 53 degrees and 58 minutes E. a distance of 1554.4 feet to a 1" pipe corner; thence S. 73 degrees E. a distance of 1949.3 feet to a 1" pipe corner at western edge of A. C. L. Railway right-of-way fence line; thence southerly along A. C. L. Ry. fence line a distance of 3778.5 feet to the St. Mary's River; thence upstream and along mean low tide water line of St. Mary's River to mouth of Spanish Creek:; thence along center of channel and upstream of Spanish Creek: to Old Tram Road trestle, thence northeasterly along old tram road bed a distance of 2568.0 feet to a l" pipe corner and point of beginning, said tract of land being bounded as follows:
North by lands of M.G. White, east by the A. C. L. Ry. right-of-way, south by. St. Mary's River, and West by run of Spanish Creek: and old tram road, the adjoining landowner being Georgia-Florida Investment Co. and lands of the J. W. Buchanan estate; said above two described tracts of land containing in the aggreate 510 acres, more or less, and are more particularly described by plats of same made by J. Dean Gowen, surveyor, same being attached to this conveyance and made a part thereof for description and all other legal purposes.
"That tract or parcel of land situate, lying and being in the 1142nd district G. M. of Charlton county, Georgia, containing sixty-seven and five-tenths (67.5) acres, more or less, of Headright land, and particularly described as follows: "Beginning on the St. Mary's River at the mouth of Spanish Creek:, and from this point running upstream of said St. Mary's River a distance of 650 feet airline distance from center of Spanish Creek: channel to a 1" pipe property corner on northern banks of the St. Mary's River; thence S. 72 degrees and 39 minutes W. a distance of 80.0 feet to a 1"

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pipe corner; thence N. 17 degrees, 21 minutes W. a distance of 2894.0 feet to a 1" pipe corner at eastern edge of old tram road trestle; thence N. 88 degrees, 29 minutes W. a distance of 2331.0 feet to a 134" pipe property corner on an Oak Hill;
thence :N. 32 degrees, 46 minutes E. a distance of 739.5 feet to a stake corner; thence
N. 25 degrees, 3 minutes E. a distance of 625.5 feet to a stake corner on western banks of Spanish Creek; thence down stream and along center of channel of Spanish Creek to the St. Mary's River and to point of beginning, it being recited that mean low tide water line of the St. Mary's River being the actual property line, said tract of land being bounded as follows: North and east by lands of the estate of J. W. Buchanan, lands of M. G. White and Sol. P. Mnls, Spanish Creek being the line, south by the St. Mary's River, and west by other lands of Georgia-Florida Investment Co. and lands of the estate of J. W. Buchanan", said described tract of land being
more particularly described by a plat of same made by J. Dean Gowen, surveyor,
same being attached to this conveyance and made a part thereof for description and all other legal purposes, and
Whereas, Prior to said deed Charlton county purchased said property from the then owners, paid for the same, and caused said property to be deeded by the then owners to the State of Georgia for said park purposes ; and
Whereas, the State of Georgia has failed to develop said property or use the same for park purposes, for which said lands were acquired, or for any other public purposes; and
Whereas, Charlton county, having paid the purchase money for said lands, desires to become vested with the title thereto; now therefore
Be it resolved by the House of Representatives, the Senate concurring, that the Governor of Georgia be and he is hereby authorized and directed to execute a deed conveying said property to Charlton county immediately upon the passage and approval of this resolution.
Be it further resolved that immediately upon the execution and delivery of such deed the title to the lands described herein shall vest in Charlton county.
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 ayes were 123, the nays 0.
The resolution having received the requisite constitutional majority was adopted, by substitute.
The following report of the committee of conference appointed on HB 12 was submitted and read:

WEDNESDAY, FEBRUARY 3, 1943

335

Mr. President:
Mr. Speaker:
Your committees of conference appointed to consider the differences between the House and the Senate on HB 12, beg leave to submit the following report:
1. Your committee recommends that the House adopt the Senate amendment regarding the commissioner from the Salt Water counties.
2. That the House agrees to the Senate amendment providing that persons related by blood or marriage to the commissioner should not be given appointments.
3. That the House and Senate recede from their position with reference to the salary of the commissioner and that the salary be fixed at not exceeding $5,000.
Gowen of Glynn Cates of Burke Salter of Upson
On the part of the House.
David S. Atkinson of the 1st Jeff A. Pope of the 7th Luther Bloodworth of the 22nd
On the part of the Senate.
Mr. Durden of Dougherty moved that the House adopt the report of the committee of conference on HB 12.
On the motion to adopt the report of the committee of conference on HB 12, the ayes were 117, the nays 0.
The motion prevailed and the report of the committee of conference on HB 12 was adopted.
SR 30. By Senator Gross of the 31st district:
A resolution that Honorable Wightman F. Melton be appointed as poet laureate of the State of Georgia; 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 141, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
SB 36. By Senator Arnall of the 36th district:
A bill to be entitled an act to repeal the act creating. the state planning board ; and for other purposes.

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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 116, the nays 1.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the conference committee on the following bill of the House to wit:
HB 12. By Messrs. McNall and Grayson of Chatham and others:
A bill to abolish the division of wild life and office of commissioner of natural resources and to create a state game and fish commission and inspector of coastal fisheries; and for other purposes.
Under the regular order of business the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HR-l3-16B. By Messrs. Foster of Paulding, McCracken of Jefferson, Phillips of Columbia, Key of Jasper, Grayson and MeN all of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Nicholson and Holley of Richmond, and Smith of Muscogee:
A resolution proposing to the voters at the next general election an amendment to the constitution to provide for a teachers retirement plan; and for other purposes.
By unanimous consent, HR 13-16B was tabled.
HB 37. By Mr. Sharpe of Toombs:
A bill to be entitled an act to provide for the filing of answers and defensive pleadings by attorneys for the defendant in all litigated cases, the certificates of attorneys for the defendant; and for other purposes.
Mr. Mixon of Irwin moved that H B 37 be recommited to the committee of first reference and the motion prevailed.
HB 37. By Mr. Sharpe of Toombs:
A bill to be entitled an act to provide for the filing of answers and defensive pleadings by attorneys for the defendant in all litigated cases, the certificates of attorneys for the defendant; and for other purposes. Referred to the Committee on General Judiciary No. 1.

WEDNESDAY, FEBRUARY 3, 1943

337

HB 56. By Mr. Park of Greene:
A bill to be entitled an act to increase the pensions of confederate soldiers and their widows; and for other purposes.
The following amendment to HB 56 was read and adopted:
Messrs. Hogg of Marion and Culpepper of Fayette move to amend HB 56 by inserting in the caption in line 9 immediately following the word "thereof", the following language: And by striking from line 2 of section 78-216, code of 1933, the figure $600.00 and inserting in lieu thereof the figure $700.00 and by striking from line 3 of said section 78-216 of code of 1933 the figure $50.00 and inserting in lieu thereof the figure $60.00 and by adding in the 9th line of the enacting section immediately following the word "thereof" the language as follows: By striking from code section 78-216 of the code of 1933 from line 2 the figure $600.00 and inserting in lieu thereof the figure $720.00 and by striking from line 3 in said code section the figure $50.00 and inserting in lieu thereof the figure $60.00 and by striking from said bill all of section 78-216 as therein provided for and by inserting in lieu thereof a new section so that said section when thus amended shall read as follows:
78-216. Amount of Pensions and Time of Payment. The annual pensions paid to Confederate soldiers shall be $720.00 per annum each, and this amount shall be paid in monthly installments of $60.00 a month on the first day of each month. The annual pensions paid to widows of confederate soldiers shall be $600.00 per annum each, and this amount shall be paid monthly in installments of $50.00 a month, on the first day of each month. The several members eligible for this pension but who are inmates of the Confederate Soldiers' Home in Atlanta are hereby given $5.00 per month for incidental expenses. (Acts 1929, pp. 220, 221; 1939 p. 189).
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 139, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following report of the committee of conference appointed on SB 17 was submitted and read:
Mr. President:
Mr. Speaker:
Your committee on conference on SB 17 beg to submit the following report:
That the House and Senate both recede from their position on Section 1 and in lieu thereof the following be adopted as Section 1{a)
"That there is authorized to be created and established a merit system of personnel administration covering the employees of the State and County Departments

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of Health, the State and County Departments of Public Welfare, (other than employees of eleemosynary institutions, and County Welfare Board members) and/or the Bureau of Unemployment Compensation of the State Department of Labor."
That the Senate recede from its position and adopt House amendment to Section 3.
That Senate recede from its position and adopt House amendment to sub section (d) of Section 2.
On the part of the Senate: Ennis of the 20th Terrell of the 19th Millican of the 52nd
On the part of the House: Durden of Dougherty Daves of Dooly Moore of Baldwin
Mr. Durden of Dougherty moved that the House adopt the report of the committee of conference on SB 17.
On the motion to adopt the report of the committee of conference on SB 17, the ayes were 130, the nays 0.
The motion prevailed and the report of the committee of conference on SB 17 was adopted.
Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at lO :00 o'clock and the motion prevailed.
Leave of absence was granted Mr. Fisher of Jeff Davis.
The speaker announced the House adjourned until tomorrow morning at lO :00 o'clock.

THURSDAY, FEBRUARY 4, 1943

339

Representative Hall, Atlanta, Georgia. Thursday, February 4, 1943.
The House met pursuant to adjournment this day at 10:00 a. m., was called to order by the speaker, and opened with a prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. 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. The following resolution of the House was read and referred to the Committee on Rules:
HR 74. By Mr. Durden of Dougherty:

A RESOLUTION
BE IT RESOLVED by the House that the following be established as a special and continuing order of business beginning immediately after the period of unanimous consents at today's session, to wit:
( 1) SR 12. Constitutional amendment relating to pardons and paroles.
(2) HB 156. Reorganizing the department of natural resources. (3) HB 172. Relating to religious corporations.
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.
2. First reading and refennce of House bills and resolutoins.
3. Reports of stauding committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time, and referred to the committees:

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JOURNAL OF THE HOUSE,

HB 296. By Messrs. Weaver of Bibb and Key of Jasper: A bill to be entitled an act to make it unlawful to kill, injure, or detain any racing, homing or carrier pigeon; and for other purposes.
Referred to Committee on Game and Fish.
HB 297. By Messrs. Allison of Gwinnett, Harris of Richmond, and Burnside of McDuffie:
A bill to be entitled an act to levy fees on insurance companies doing business in this state; and for other purposes.
Referred to Committee on Insurance.
HB 298. By Mr. Hefner of Pickens:
A bill to be entitled an act to abolish the offices of tax receiver and tax collector of Pickens county and to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 299. By Mr. Mcintosh of Mcintosh:
A bill to be entitled an act to change the method of paying the tax commissioner of Mcintosh county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 300. By Mr. Jennings of Sumter:
A bill to be entitled an act to change county offices from a fee to a salary basis in counties having a population of 15,000 or more; to provide for a referendum; and for other purposes.
Referred to Committee on State of Republic.
HB 301. By Mr. Pruitt of Lumpkin:
A bill to be entitled an act to amend the sev.eral acts relating to the board of commissioners of roads and revenues of Lumpkin county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 302. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend the acts relating to certified public accountants and the state board of accountancy to provide for the qualification of accountants; to make communications between accountants and their clients confidential; and for other purposes.
Referred to Committee on General Judiciary No. 1.

THURSDAY, FEBRUARY 4, 1943

341

HB 303. By Mr. Gholston of Madison:
A bill to be entitled an act to repeal the acts incorporating the Madison County Academy and to establish the Madison County High School, and for other purposes.
Referred to Committee on Counties and County Matters.
HB 304. By Mr. Gholston of Madison:
A bill to be entitled an act to amend the charter of the city of Danielsville to give the mayor and council authority to regulate the use of the streets for business purposes, and for other purposes.
Referred to Committee on Municipal Government.
HB 305. By Mr. Dunn of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to create a city council of four members; to provide their term of office ; and for other purposes.
Referred to Committee on Municipal Government.
HB 306. By Mr. Dunn of Lamar:
A bill to be entitled an act creating a board of commissioners of roads and revenues for Lamar county; and for other purposes.
Referred to Committee on Counties and County Matters.
HR 75-306A. By Mr. Brewton of Evans:
A resolution authorizing the Governor and commissioner of agriculture to deed the farmers market located in Claxton to a board of trustees to operate; and for other purposes.
Referred to Committee on Public Property.
HR 76-306B. By Mr. Boynton of Union:
A resolution providing that the state department of natural resources deed to Union county a certain tract of land; and for other purposes.
Referred to Committee on Public Property.
HR 77-306C. By Messrs. Smith and Copland of Muscogee:
A resolution to amend the act fixing the speed limit of motor vehicles to . p_rovide a 35 mile speed limit; and for other purposes.
Referred to Committee on Motor Vehicles.
Mr. Smith of Muscogee County, Chairman of the Committee on Conservation, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Conservation have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 78. Do Pass
Respectfully submitted. Smith of Muscogee,

Chairman.

lHr. Daves of Dooly 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:

HB 25. Do Pass by substitute

HB 125. Do Pass

HB 212. Do Not Pass Respectfully submitted.

Daves of Dooly, Chairman.

Mr. Powell of Stephens County, Chairman of the Committee on Manufactures, submitted the following report:
Mr. Speaker:
Your Committee on Manufactures 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:
HB 166. Do Pass
Respectfully submitted.
Powell of Stephens, Chairman.

Mr. Price of Clarke County, Chairman of the Committee on Public 'Library, submitted the following report:

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343

Mr. Speaker:

Your Committee on Public Library 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:

HB 195. Do Not Pass

Respectfully submitted.

Price of Clarke, Chairman.

Mr. Ennis of Baldwin County, Chairman of the Committee on Special Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Special Appropriations have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 44. Do Pass as amended

HR 57-237B. Do Pass

HB 165. Do Pass

HR 21-75A. Do Pass

HR 73-295B. Do Pass

HR 20-73A. Do Pass as amended

Respectfully submitted,

Ennis of Baldwin, Chairman.

Mr. McCracken of Jefferson 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 bacp to the House with the following recommendations:

HB 252. Do Pass

SB 38. Do Pass

Respectfully submitted,
McCracken of Jefferson, Chairman.

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JOURNAL OF THE HOUSE,

By unanimous consent, the following bills and resolutions of the House and Senate favorably reported, were read the second time:
HB 25. By Mr. Livingston of Polk:
A bill to be entitled an act to create a board of naturopathic examiners; and for other purposes.
HB 44. By Messrs. Weaver, Wilson, and Barfield of Bibb, Turner, Hubert, and Broome of DeKalb, and Mrs. Mankin of Fulton:
A bill to be entitled an act to appropriate to the state department of welfare certain sums for the support and maintenance of the negro division of the Georgia Training Schools for Girls; and for other purposes.
HB 125. By Messrs. Daves of Dooly, Hatchett of Meriwether, and Weaver of Bibb:
A bill to be entitled an act to amend the state health laws creating county boards of health; and for other purposes.
HB 165. By Messrs. Bates of Ware and. Gholston of Madison:
A bill to be entitled an act to create scholarships to be given certain students at the University of Georgia School of Medicine; and for other purposes.
HH 166. By Mr. Mabry of Sumter:
A bill to be entitled an act to require all mixers of paint m Georgia to label same and show ingredients; and for other purposes.
HB 252. By Messrs. Hand of Mitchell and Durden of Dougherty:
A bill to be entitled an act to amend chapter 92-67, section 92-6703 of the 1933 code so as to provide that where the county board of tax assessors has made an assessment a reassessment by the tax receiver shall be void; and for other purposes.
HR 20-73A. By Mr. Etheridge of Fulton:
A resolution to appropriate funds to pay the American Coolair Corporation for goods sold to the state; and for other purposes.
HR 21-75A. By Mr. Etheridge of Fulton:
A resolution to appropriate funds to pay John B. Stetson Company for goods sold to the state; and for other purposes.
HR 57-237B. By Messrs. Heard of Elbert and Burton of Lee:
A resolution providing for the payment by the state of hospital and medical expenses incurred by Troopers Beauchamp and Langston of the highway

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345

patrol resulting from injuries received in line of duty; and for other purposes.
HR 73-295B. By Mr. Etheridge of Fulton:
A resolution to appropriate funds to pay Stocks Coal Company for goods sold to the state; and for other purposes.
SB 38. By Senator Lester of the 18th district:
A bill to be entitled an act to repeal sections 40-206 of the code of Georgia of 1933, as amended by an act approved March 22nd, 1937 (Ga. Laws, 1937, pp. 431-432) and section 40-1301 of the Georgia code of 1933, providing for the suspension of the state treasurer or comptroller general; and for other purposes.
SB 78. By Senator Kimbrough of the 25th district:
A bill to be entitled an act to authorize and direct the Governor to appoint an advisory committee in each county in which a state park is located and operated; and for other purposes.
By unanimous consent the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 30. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Union City in 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 103, the nays 0.
HB 97. By Mr. Hand of Mitchell:
A bill to be entitled an act to authorize the City of Pelham to pass zoning and planning laws; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the repjuisite constitutional majority was passed.
HB 98. By Mr. Phillips of Columbia:
A bill to be entitled an act to amend the charter of the Town of Harlem to authorize the governing authorities, to pass zoning and planning laws; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 99. By Mr. Hardy of Jackson: A bill to be entitled an act to amend the charter of the City of Commerce to change the time for closing registration books; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 105. By Mr. Minchew of Atkinson: A bill to be entitled an act to amend the charter of the City of Pearson so as to provide for a filling of vacancies in 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 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 141. By Messrs. Hill and Dallis of Troup: A bill to be entitled an act to amend the charter of the City of LaGrange so as to provide an extension of the corporate limits of the 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 0.
The bill having received the requisite constitutional majority was passed.
HB 186. By Messrs. Hid~~' Littlejohn and Baker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome to create a retirement fund for the benefit of certain employees of the city, to provide for the raising of such retirement fund; and for other purposes. The following committee amendment was read and adopted:

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(c) Retirement under the provisions of this Act shall be optional with or in the discretion of the Board of Trustees or a majority of them when the employee is between the ages of sixty and sixty-five, but such person may not be retired between the ages of sixty and sixty-five years if he furnishes proper proof of his good health and ability to discharge the duties of his office, the sufficiency of said proof to be determined by the Board of Trustees; however, said Board shall compel the retirement of any employee reaching the age of sixty-five years at the end of the month in which the sixty-fifth birthday of said employee is reached, except in the case of employees of the Public School System, who shall not be forced to retire until they reach the age of seventy, provided proof of ability to perform all duties of their position is furnished.
No employee of the City of Rome who is sixty-five years of age at the passage of this Act shall be compelled to retire until said person reaches the age of seventy years, provided he is able to perform his duties and furnishes to said Board of Trustees a certificate showing that he is able to perform his duties. The said employee of the City of Rome may be retired by the Board of Trustees on completion of twenty-five years of aggregate service as an employee of the City of Rome at any time between the age of sixty-five and seventy years but in no event can said employee work after he has reached the age of seventy years.
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, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 187. By Messrs. Hicks, Littlejohn and Banker of Floyd:
A bill to be entitled an act to amend the charter of the City of Rome with reference to the method of filling vacancies of elective 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 203. By Harden of Turner:
A bill to be entitled an act to repeal the act creating a charter for the Town of Worth in the County of Turner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.

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JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed. HB 207. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon with reference to the present pension law of the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 209. By Mr. Hogg of Marion: A bill to be entitled an act to amend the charter of the City of Buena Vista, Georgia so as to provide the amount of the salary of the mayor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requiiste constitutional majority was passed.
HB 216. By Mr. Smiley of Liberty: A bill to be entitled an act to amend an act establishing a city court of Hinesville to fix the salary of the judge; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill ,the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 221. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to amend the charter of the City of Augusta so as to create a post-war reserve fund for the replacement of worn out and depleted 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 yere 114, the nays 0. The bill having received the requisite constitutional majority was passed.

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349

HB 224. By Mr. Johnson of Chattahoochee:
A bill to be entitled an act to amend the charter of the Town of Cusseta with reference to the construction of water systems and sewerage systems; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 237. By Mr. Burnside of McDuffie: A bill to be entitled an act to amend the charter of the Town of Thomson in the county of McDuffie with reference to the salaries of the various 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 116, the nays 0.
6
The bill having received the requisite constitutional majority was passed.
HB 241. By Mr. Gaston of Butts: A bill to be entitled an act to amend the charter of the City of Jackson in the County of Butts with reference to the expansion of the cemetery; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 246. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to be entitled an act to amend the charter of the city council of Augusta so as to provide furloughs for all employees who have to leave their offices to enter the armed forces; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, the nays 0.
The bill having received the requisite constitutional majority was passed.

350

JOURNAL OF THE HOUSE,

HB 257. By Messrs. Welsch and Dorsey of Cobb: A bill to be entitled an act to amend the charter of the City of Marietta, Georgia, so as to authorize the city to extend the sewer lines beyond 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 119, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 259. By Messrs. Welsch and Dorsey of Cobb: A bill to be entitled an act to amend the charter of the City of Marieotta, Georgia, so as to permit the city to acquire by purchase or gift property for the construction of public 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 119. the nays 0.
0
The bill having received the requisite constitutional majority was passed.
HB 260. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta so as to provide for a planning commission in 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.
On the passage of the bill, the ayes were 121, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 265. By Messrs. Hill and Price of Clarke: A bill to be entitled an act to amend the charter of the City of Athens with reference to the method of filling vacancies on bonded debt commission; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, the nays 0.
The bill having received the requisite constitutional majority was passed.

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351

HB 267. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to be entitled an act to amend the charter of the City of Macon with reference to the retirement of the employees of the city water commission; and for other purposes.
The report of the committee, which was favorable to the passage .of the bill, was agreed to.
On the passage of the bill, the ayes were 123, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 268. By Mr. Mitchell of Monroe: A bill to be entitled an act to amend the charter of the City of Forsyth so as to authorize the mayor and aldermen to closeup or abolish any street, road, or alley; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 271. By Messrs. Mills and Battles of Decatur: A bill to be entitled an act to repeal the present charter of the Town of Attapulgus, Georgia and to create and establish 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 125, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 276. By Messrs. Smith and Durden of Dougherty: A bill to be entitled an act to create a pension fund for all of the city employees of the city of Albany, Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 277. By Messrs. Gowen and Gilbert of Glynn: A bill to be entitled an act to amend the charter of the City of Brunswick, Georgia, with reference to the pensioning of said city employees ; and for other purposes.

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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 127, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was submitted, read and adopted:
Mr. Speaker:
Your Committee on Rules has met and had under consideration a resolution establishing a special and continuing order of business at today's session and recommends that the same do pass.
Durden of Dougherty, Vice-Chairman.

HR 74. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolved by the House that the following be established as a special and continuing order of business beginning immediately after the period of unanimous consents at today's session, to wit:
( 1) SR 12. Constitutional amendment relating to pardons and paroles.
(2) HB 156. Reorganizing the Department of Natural Resources.
(3) HB 172. Relating to religious corporations.
By unanimous consent, HR 74 was adopted.
Under the special and continuing order of business established by HR 74, the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
SR 12. By Senators Pittman of the 42nd, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank: of the 29th, and Dean of the 34th districts :
A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an Amendment to Paragraph XII of Section I of Article V of the Constitution of the State of Georgia which vests in the Governor power to grant reprieves and pardons, to commute penalties, to remove disabilities imposed by law, to remit any part of a sentence and to sus11end sentences, by taking from the Governor all power over the same except as to suspension of death sentences and sentences in treason cases which are retained

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in him; to provide for a State Board of Pardons and Paroles, and for appointment, terms of office, compensation and duties of the members of the State Board of Pardons and Paroles; to provide that the power to grant reprieves, pardons and paroles, to commute penalties, remove 'disabilities imposed by law, and to remit any part of a sentence for any offense against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the Governor refuses to suspend a sentence of death, shall be exercised by the State Board of Pardons and Paroles; to provide that the existing State Board of Pardons and Paroles created by the General Assembly shall take over and exercise the powers and duties conferred by this Amendment in lieu of the creation of a new Board of such name and such existing Board shall have all the rights, powers, duties and privileges the same as if created by the General Assembly subsequent to the adoption of this amendment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. Upon approval of this Resolution in the manner hereinafter provided, that Paragraph XII of Section I of Article V of the Constitution of the State of Georgia, as follows:
"2-2612. (6481) 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 reprieve. 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 offense of which he was convicted, the sentence and its date, the date of the reprieve, pardon, or communication, 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, and the same is, hereby amended, by striking Paragraph XII of Section I of Article V, as above set out, in its entirety, and that in lieu thereof a new Paragraph to be substituted, to be known as Paragraph XII of Section I of Article V, and which shall read as follows:
"The Governor shall have power to suspend the execution of a sentence o1 death, after conviction, for offenses against the State, until the State Board of Par dons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board or for any other purposes which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence

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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. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, 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. There shall be a State Board of Pardons and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the Senate. Appointments made at times when the Senate is not in session shall be effective ad interim. The first members shall be appointed for terms of three, five and seven years, respectively, to be designated by the Governor, and all subsequent appointments shall be for a period of seven years, except in case of an unexpired term. The Governor shall not be a member of the State Board of Pardons and Paroles. The members of the State Board of Pardons and Paroles shall each receive an annual salary of $5,000.00, payable monthly. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction, except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentences granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. The first Board of Pardons and Paroles under this provision may be those in office under an Act of the General Assembly creating such a Board existing at the time of the adoption of this amendment, which, if so existing, shall be in lieu of such a Board to be created by the General Assembly subsequent to the adoption of this amendment, and which Board shall have all the rights, privileges, powers and duties the same as if it was so subsequently created, and the terms of members of such Board shall date from the time specified in the existing Act of the General Assembly. The General Assembly may enact laws in aid of, but not inconsistent with, this amendment."
Section 2. When said amendment shall be agreed to by two-thirds vote of each House, with the "ayes" and "nays" thereon entered on their respective journals, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to constitutional amendments.
By unanimous consent, further consideration of SR 12 was postponed for one hour.

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HB 156. By Messrs. Harris of Richmond, Durden of Dougherty, Grayson of Chatham, Gowen of Glynn, McCracken of Jefferson, Fortson of Wilkes, Peck of Dade, Hurst of Coweta, Foster of Paulding, MeN all of Chatham, Ferguson of Camden, Boynton of Union, Gillis of Treutlen, McCamy of Whitfield, and Goldberg of Coweta:
A bill to be entitled an act to reorganize the department of natural resources; and for other purposes.
The following committee substitute was read:
A Bill to be Entitled an Act to abolish the Department of Natural Resources, together with the subdivisions of said Department known as the Division of Forestry, the Division of Wild Life, the Division of Mines, Mining, and Geology, the Division of State Parks, Historic Sites, and Monuments, and the office of Commissioner of Natural Resources, and the office of Director of each of the subdivisions of said Department; to create within the Executive Department, a State Division of Conservation and to provide the powers and duties thereof; to provide that the highest executive officer of the Executive Department shall be ex-officio Commissioner of Conservation and to provide his powers and duties; to create, under the State Division of Conservation and within the Executive Department, the Department of Forestry, the Department of Mines, Mining, and Geology, and the Department of State Parks, Historic Sites, and Monuments and to provide for a Director of each of such Departments, qualifications, appointment, term of office, removal, compensation, powers and d4ties; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Department of Natural Resources, together with the subdivisions of said Department known as the Division of Forestry, Division of Wild Life, Division of Mines, Mining, and Geology, and the Division of State Parks, Historic Sites, and Monuments, and the office of Commissioner of Natural Resources, and the office of Director of each of the said named subdivisions of said Department created and established by an Act approved March 5, 1937 (Georgia Laws 1937, pages 264-280, and laws amendatory thereof) are hereby abolished.
Section 2. There is hereby created within the Executive Department of Georgia a division to be known as the State Division of Conservation which shall be under the control and management of the highest executive officer of the Executive Department of Georgia, by whatever name called, who shall be ex-officio Commissioner of Conservation. The Division of Conservation, hereby created, shall have all the powers and duties heretofore vested in the Department of Natural Resources except those concerning or connected with the Division of Wild Life. Such Commissioner of Conservation, hereby created, shall have all the powers and duties heretofore vested in the Commissioner of Natural Resources except those concerning or connected with the Division of Wild Life. The Commissioner of Conservation shall

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perform the duties of such Division without any additional salary to that he receives as highest executive officer of the Executive Department of Georgia. All powers and duties conferred by this Act upon the highest executive officer of the Executive Department of Georgia, by whatever name called, as ex-officio Commissioner of Conservation, shall be in addition to and cumulative of the powers and duties of such official as now provided by law or as hereafter may be provided by law.
Section 3. The ex-officio Commissioner of Conservation shall subscribe to an oath to be administered by the Governor before assuming his official duties and shall also execute an official bond in addition to that required of him as highest executive officer of the Executive Department of Georgia, in an amount to be fixed by the Governor, prior to assuming his official duties.
Section 4. There is hereby created under the State Division of Conservation within the Executive Department of Georgia three departments to be known as follows:
1. The Department of Forestry
2. The Department of Mines, Mining, and Geology
3. The Department of State Parks, Historic Sites, and Monuments. The Department of Forestry shall have all the powers and duties heretofore vested in the Division of Forestry. The Department of Mines, Mining, and Geology shall have all the powers and duties heretofore vested in the Division of Mines, Mining, and Geology. The Department of State Parks, Historic Sites, and Monuments shall have all the powers and duties heretofore vested in the Division of State Parks, Historic Sites, and Monuments. The powers and duties hereby transferred shall be all those powers and duties not inconsistent with this Act.
Section 5. The Governor shall appoint, by and with the advice and consent of the Senate, a Director of the Department of Forestry, a Director of the Department of Mines, Mining, and Geology, and a Director of the Department of State Parks, Historic Sites, and Monuments. The first term of each such Director shall end December 31, 1946. Succeeding appointments, except to fill vacancies, shall be for terms of four years each. Such Directors shall serve for the terms for which they are appointed, and until their successors are appointed and qualified. All appointments hereunder shall be effective ad interim until the same shall be passed on by the Senate.
Section 6. The Directors shall each receive a salary of $4,000.00 per year, payable in equal monthly installments.
Section 7. Each Director shall subscribe to an oath to be administered by the Governor before assuming his official duties and shall also execute an official bovd in an amount to be fixed by the Governor, prior to assuming his official duties.
Section 8. A Director may be removed for cause based on written charges and specificatio_ns to which he must be given full opportunity to reply. The hearing to be

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before a Board composed of the ex-officio Commissioner of Conservation, the head of the Forestry School at Athens, Georgia, and the head of the Georgia School of Technology. A written report of their findings shall be filed with the Governor, and their decision shall be final, and if that decision is in favor of removal, the Governor shall declare the office vacant and shall immediately appoint a successor. The Director of the Department of Forestry shall possess all the qualifications and have all the powers and duties heretofore r,equired of or vested in the Director of the Division of Forestry. The Director of the Department of Mints, Mining, and Geology shall possess all the qualifications and have all the powers and duties heretofore required of or vested in the Director of the Division of Mines, Mining, and Geology. The Director of the Department of State Parks, Historic Sites, and Monuments shall possess all the qualifications and have all the powers and duties heretofore required of or vested in the Director of the Division of State Parks, Historic Sites, and Monuments. The qualifications required of such Directors and the powers and duties hereby transferred shall be all such qualifications, powers and duties not inconsistent with this Act.
Section 9. Any laws now existing or hereafter enacted by the General Assembly permitting the Executive Department of Georgia to be sued or vouched into court without specific consent of the State, shall not apply to the Division of Conservation or any of the Departments hereunder, unless such law shall specifically so provide.
Section 10. Upon the organization of the State Division of Conservation and the qualification of the Commissioner and Directors, all of the property of the State in the hands of said abolished Department or Divisions shall be transferred to the State Division of Conservation.
Section 11. All appropriations made for use of said abolished Department or Divisions are hereby transferred to the account for use of the State Division of Conservation, to be used by the Commissioner in the handling of the State Division of Conservation: provided, that no appropriation made to any Department of said Division shall be used by any other Department of said Division, the intent of this Act being that such funds as the General Assembly might desire and direct to be used by one Department shall in no event be used by any other Department of the State Division of Conservation.
Section 12. If any section, clause, provision or portion of this Act shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect or invalidate any other section, clause, provision or portion of this Act.
Section 13. That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed.
The following amendment to the committee substitute was read and adopted:
Mr. Durden of Dougherty moves to amend HB 156 (Committee substitute) by striking section 3 in its entirety, and renumbering the sections to conform thereto.
By unanimous consent, the substitute as amended was adopted.

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The report of the committee, which was favorable to the pass11ge of the bill, by substitute, was agreed to, as amended.

On the passage of the bill, by substitute as amended, the ayes were 118, the nays 0.

The bill having received the requisite constitutional majority was passed, by substitute as amended.
Under the special and continuing order of business established by HR 74 the following bill of the Senate was again taken up for consideration:

SR 12.

By Senators Pittman of the 42nd, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Kennedy of the 2nd, Kennon of the 6th, Arnall of the 36th, and Bacon of the 28th districts:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an Amendment to Paragraph XII of Section I of Article V of the Constitution of the State of Georgia which vests in the Governor power to grant reprieves and pardons, to commute penalties, to remove disabilities imposed by law, to remit any part of a sentence and to suspend sentences, by taking from the Governor all power over the same except as to suspension of death sentences and sentences in treason cases which are retained in him; to provide for a State Board of Pardons and Paroles, and for appointment, terms of office, compensation and duties of the members of the State Board of Pardons and Paroles; to provide that the power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and to remit any part of a sentence for any offense against the State, after conviction, except in cases of treason and impeachment, and except in cases in which the Governor refuses to suspend a sentence of death, shall be exercised by the State Board of Pardons and Paroles; to provide that the existing State Board of Pardons and Paroles created by the General Assembly shall take over and exercise the powers and duties conferred by this Amendment in lieu of the creation of a new Board of such name and such existing Board shall have all the rights, powers, duties and privileges the same as if created by the General Assembly subsequent to the adoption of this amendment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. Upon approval of this Resolution in the manner hereinafter provided, that Paragraph XII of Section I of Article V of the Constitution of the State of Georgia, as follows:

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359

"2-2612. (6481) 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 reprieve. 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 offense of which he was convicted, the sentence and its date, the date of the reprieve, pardon, or communication, 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, and the same is, hereby amended, by striking Paragraph XII of Section I of Article V, as above set out, in its entirety, and that in lieu thereof a new Paragraph to be substituted, to be known as Paragraph XII of Section I of Article V, and which shall read as follows:
"The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purposes which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only 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. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, 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. There shall be a State Board of Pardons and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the Senate. Appointments made at times when the Senate is not in session shall be effective ad interim. The "first members shall be appointed for terms of three, five and seven years, respectively, to be designated by the Governor, and all subsequent appointments shall be for a period of seven years, except in case of an unexpired term. The Governor shall not be a member of the State Board of Pardons and Paroles. The members of the State Board of Pardons and Paroles shall each receive an annual salary of $5,000.00, payable monthly. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit any part of a sentence for any offense against the State, after conviction, except in cases of treason -or impeachment, and except in cases in which the Governor refuses to suspend a sen-

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tence of death. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentences granted, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. The first Board of Pardons and Paroles under this provision may be those in office under an Act of the General Assembly creating such a Board existing at the time of the adoption of this amendment, which, if so existing, shall be in lieu of such a Board to be created by the General Assembly subsequent to the adoption of th:s amendment, and which Board shall have all the rights, privileges, powers and duties the same as. if it was so subsequently created, and the terms of members of such Board shall date from the time specified in the existing Act of the General Assembly. The General Assembly may enact laws in aid of, but not inconsistent with, this amendment."

Section 2. When said amendment shall be agreed to by two-thirds vote of each House, with the "ayes" and "nays" thereon entered on their respective journals, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to constitutional amendments.

The following amendment was read and adopted:

Messrs. Goldberg and Hurst of Coweta move to amend SR 12 as follows:
Amend section No. 1 by striking the words :
"And in alJ cases of capital punishment a unanimous vote shall be required for action; in all other cases a majority shall decide the action of the Board." which words appear in said section No. 1 on page 3, line 2, 3, and four of the printed copy of the resolution, and substitute in lieu thereof the following words:
"And in all cases a majority shall decide the action of the Board."

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

agreed to, as amended.



The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

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361

Those voting in the affirmative were:

Alexander Allison Alwood Anderson Bates Battles Bargeron Bennett Bentley Bowen Branch Brewton Bridges Broome Brunson Burnside Bynum Campbell of Newton Campbell of Polk Cannon Cates Cheshire Clark Copland Curry Dallis Dalton Daves Deal Dorsett Dorsey Dunn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Fortson Foster Gardner

Gaskins Gaston Gavin Gholston Giddens Gilbert Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Troup Hogg Hooks Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas Kendrick Livingston

Looper Mabry Malone Mankin Martin Mavity Maund McCamy McCracken McEntire Mcintosh McNall Medders Miller Mills Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Oliver Overby Park Parker Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Roper Rossee Roughton Russell

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Salter Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner

Swint Thomas Thompson Thrash Thurmond Waller Warnock Weaver Welsch Wells of Ben Hill Wells of Telfair

Those not voting were:

Adams Baker Barfield Boone Boynton Burton Caldwell Chance Connell Crummey Culpepper Drake Dukes

Fussell Gillis Grayson Hill of Clarke Holley Howard Key Knabb Littlejohn Mason Mims Moate

Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willqughby Wilson Woodruff Wright Yawn
Ogburn Padgett Pannell Rees Riddles purger Riley Rountree Rowland Sharpe Thigpen Turner Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, as amended, the ayes were 166, the nays 0.
The resolution having received the requisite constitutional two-thirds majority was adopted, as amended.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills and resolutions of the House and Senate to wit:

HB 14. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall and others:
A bill to be entitled an act to amend section 32-1301 of the code of Georgia of 1933 relating to authority of the Governor to borrow money for payment of public school teachers, execution of note or notes therefor and

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363

time of maturity so as to provide that note given shall not mature later than last day of fiscal year of state provided for payment; to amend section 32-1303 ; and for other purposes.
HB 17. By Messrs. McCracken of Jefferson, Turner of DeKalb, Harris of Richmond and others:
A bill to be entitled an act to amend an act fixing the salary of the state treasurer; and for other purposes.
HB 40. By Messrs. McCracken of Jefferson, Durden of Dougherty, and others:
A bill to be entitled an act to fix the salary of the secretary of state; and for other purposes.
SB 27. By Senator Harrison of the 17th:
A bill to be entitled an act to aid the prosecution of the war by authorizing housing authorities to develop or administer projects to provide housing for persons engaged in war industries or activities and to cooperate with the Federal Government in making housing available for such persons; and for other purposes.
SB 28. By Senator Harrison of the 17th:
A bill to create a state director of housing; to provide for appointment thereof; to transfer to such state director of housing the powers, duties functions, obligations and liabilities imposed upon the state housing authority board by the act approved February 6, 1941, and other provisions of law; to abolish the state housing authority board created under said act; and for other purposes.
SR 21. By Senator Millican of the 52nd:
A resolution proposing to the qualified voters of Georgia an amendment to article 6, section 3, paragraph 1, of the Constitution of Georgia, by adding to said paragraph the following amendment; "Provided that in the Atlanta judicial circuit, the terms of the judges of the superior court whose terms commence after the adoption of this amendment shall be six years".
SR 41. By Senators Whitworth of the 30th, and Boyett of the ll th:
A resolution to extend invitation to Captain Eddie Rickenbacker to address this General Assembly in Joint Session at such time as may suit his convemence.
SB 26. By Senator Harrison of the 17th:
A bill to amend the act entitled "Housing authorities law", approved March 30, 1937, Georgia laws 1937, pages 210-230; and for other purposes.

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JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
HB 66. By Messrs. Deal of Bulloch, Brunson of Bulloch and others:
A bill to fix the salary of the comptroller general; to repeal an act of Legislature of February 6, 1941; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following resolution of the Senate to wit:
SR 28. By Senator Raynor of the 4th:
A resolution deeding the title of certain lands to Charlton county.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the conference committee on the following bill of the Senate to wit:
SB 17. By Senators Millican of the 52nd, Gross of the 31st and others:
A bill to authorize the establishment of a merit system of personnel administration to include the employees of the state departments of labor, public welfare, or health or any of them;. and for other purposes.
Under the special and continuing order o, business established by HR 74 the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 172. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to authorize any and all eleemosynary institutions or religious corporations to conduct schools, to own and operate printing plants, to own and operate hospitals for the alleviation of pain; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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365

On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the regular order of business the following bills and resolutions of the House were taken up for consideration, read the third time and placed upon their passage:
HR 16-16E. By Messrs. Foster of Paulding, Gowen of Glynn, Grayson of Chatham, McCracken of Jefferson, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, Nicholson and Holley of Richmond, and Hagan of Screven:
A resolution proposing an amendment to paragraph 12, section 1, article 5
of the constitution which vests in the Governor power to grant pardons and paroles ; and for other purposes.
By unanimous consent, HR 16-16E was tabled.
HB 62. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to amend section 16-101 of the code which relates to loans so as to include partnerships; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 68. By Mr. Mixon of Irwin:
A bill to be entitled an act to regulate the transportation and storing of liquified petroleum gases; and for other purposes.
Mr. Mixon of Irwin moved that further consideration of HB 68 be postponed until Wednesday, February 10, 1943 and the motion prevailed.
HB 75. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend section 70-501 of the 1933 code with reference to the manner of changing names; and for other purposes.
Mr. Etheridge of Fulton asked unanimous consent that HB 75 be tabled and the consent was granted.
HB 79. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton: A bill to be entitled an act to amend an act approved July 22, 1929, Georgia laws 1929, page 225, as amended August 27, 1931, Georgia laws, 1933, page 134, by making said act apply to all counties having a population of not less than 200,000 by the last or any future census; and for other purposes.

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Mrs. Mankin of Fulton asked unanimous consent that HB 79 be tabled and the consent was granted.

HB 81. By Mr. Park of Greene:
A bill to be entitled an act to amend section 70-202 of code of 1933 to provide that the trial judge must grant new trials by substituting the word must for the word may in line 4 of such section; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 109, the nays 0.

The bill having received the requisite constitutional majority was passed.

HB 86. By Messrs. Grayson of Chatham, McCracken of Jefferson, Foster of Paulding, Thurmond of Hall, Key of Jasper, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, and Gowen of Glynn:
A bill to be entitled an act to provide for the election of the state auditor by the General Assembly; and for other purposes.

By unanimous consent, HB 86 was tabled.

HB 87. By Mr. Woodruff of Barrow:
A bill to be entitled an act to prohibit the sale of horse or dog meat for human consumption in the State of Georgia; and for other purposes.

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

Mr. Woodruff of Barrow moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Alexander Allison Baker Barfield Bargeron Bentley Branch Brewton Broome Brunson Burnside Caldwell

Campbell of Newton Campbell of Polk Cannon Chance Clark Copland Cowart Crummey Daves Deal Dorsett Dorsey

Dukes Dunn DuPree Dyal Easler Edwards Ferguson Fortson Gardner Gholston Gilbert Gowen

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367

Graham

Mabry

Gray

Martin

Greene of Schley

Maund

Guyton

McEntire

Hagan

Mcintosh

Hand

Medders

Harden

Mitchell

Hardy

Moate

Hart of Quitman

Moore of Taliaferro

Hatchett

Nicholson of Oconee

Hefner

Norman

Herndon

Ogburn

Hicks

Oliver

Hightower

Overby

Hill of Troup

Park

Holley

Parker

Joiner

Pirkle

Johns

Powell

Johnson of Chattahoochee Pruitt

Jones

Reynolds

Kelly of Thomas

Riley

Kelly of Walker

Rossee

Knabb

Roughton

Looper

Russell Salter Sheppard Sills Smiley Smith of Dougherty Smith of Washington Sparks Strickland Thrash Thurmond Waller Warnock Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Wilbanks of Habersham Williams of Gwinnett Willoughby Wilson Woodruff Wright Yawn

Those voting in the negative were:

Alwood Bridges Bynum Cates Cheshire Connell Curry Durden Etheridge Foster Gaskins Gavin Giddens Goldberg

Guerry Hartness Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Johnston Kendrick Key Mankin McCamy McNall Miller

Minchew Moore of Baldwin Nicholson of Richmond Pettit Porter Price Ray Reid Rowland Sumner Turner Weaver Williams of Harris

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JOURNAL OF THE HOUSE,

Those not voting were:

Adams Anderson Bates Battles Bennett Boone Boynton Burton Culpepper Dallis Drake Elliott Ennis Fisher Fussell Gaston Gillis Grayson Greene of Jones

Hart of Thomas Heard Hill of Clarke Hogg Hooks Howard Johnson of Pike Littlejohn Livingston Malone Mason Mavity McCracken Mills Mims Mixon Odom Padgett Pannell

Peck Phillips Rees Riddles purger Roper Rountree Sharpe Smith of Carroll Smith of Muscogee Smith of Oglethorpe Swint Thigpen Thomas Thompson Welsch Whipple Williams of Coffee Mr. Speaker

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

On the passage of the bill, the ayes were 107, the nays 41.
The bill having received the requisite constitutional majority was passed.
Mr. Goldberg of Coweta gave notice that at the propert time he would move that the House reconsider its action on HB 87.
The following report of the Committee of Conference appointed on SB 5 was submitted and read:
Mr. President:
Mr. Speaker:
Your committee of conference appointed to consider the differences between the Senate and the House on SB 5, beg leave to submit the following report:
Your committee recommends that the Senate recede from its position as to the amendments by the House, and that all amendments of the House be adopted.
Lester of the 18th, C. C. Pittman, of the 42nd, Simmons of the 8th.
On the part of the Senate.

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369

McCracken of Jefferson, Welsch of Cobb, Foster of Paulding.
On the part of the House.
Mr. Durden of Dougherty moved that the House adopt the report of the Committee of Conference on SB 5.
On the motion to adopt the report of the Committee of Conference on SB 5, the ayes were 129, the nays 0.
The motion prevailed and the report of the Committee of Conference on SB 5
was adopted.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 66. By Messrs. Deal and Brunson of Bulloch, Turner, Hubert and Broome of DeKalb:
A bill to be entitled an act to fix the salary of the comptroller general of the State of Georgia; and for other purposes.
The following Senate amendment was read: Senator Millican of the 52nd district moves to amend HB 66 as follows:
By striking the figures in line 2 of section 1 reading "$6200.00" and inserting in lieu thereof the figures "$6000.00."
Mr. Durden of Dougherty moved that the House adopt the Senate amendment to HB 66.
On the motion to adopt the Senate amendment to HB 66, the ayes were 131, the nays 0.
The motion prevailed and the Senate amendment to HB 66 was adopted.
Under the regular order of business the following bills and resolutions were taken up for consideration, read the third time and placed upon their passage:
HB 88. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to provide that the candidates for the General Assembly from Clarke county shall name their incumbent opponents; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.

370

JOURNAL OF THE HOUSE,

HB 89. By Messrs. Weaver of Bibb, Culpepper of Fayette, Gowen of Glynn:
A bill to be entitled an act to amend an act approved March 31, 1937, Georgia laws 1937, pp. 760-761, so as to exclude 'therefrom certain mortgages and other instruments relating to property owned by or sold to any railroad; and for other purposes.
Mr. Weaver of Bibb asked unanimous consent that further consideration of HB 89 be postponed until Tuesday, February 9, 1943 and the consent was granted.
HB 91. By Mr. Sheppard of Heard:
A bill to be entitled an act to provide that members of the county board of education may be paid a per diem not to exceed $5.00 for each day's actual service; and for other purposes.
Mr. Sheppard of Heard asked unanimous consent that further consideration of HB 91 be postponed .until Tuesday, February 9, 1943 and the consent was granted.
HB 93. By Messrs. Burnside of McDuffie and Rountree of Emanuel:
A bill to be entitled an act to provide the manner in which justices of the peace and constables shall be paid in criminal cases; and for other purposes.
Mr. Burnside of McDuffie asked unanimous consent that further consideration of HB 93 be postponed until Tuesday, February 9, 1943 and the consent was granted.
HB 94. By Messrs. Burnside of McDuffie and Rountree of Emanuel: A bill to be entitled an act to provide for the furnishing of blank forms of process to justices of the peace and constables; and for other purposes.
Mr. Burnside of McDuffie asked unanimous consent that further consideration of HB 94 be postponed until Tuesday, February 9, 1943 and the consent was granted. HR 28-96A. By Messrs. Dorsey and Welsch of Cobb:
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 Cobb county by vote of its fiscal authority to issue, in addition to all other bonds, funding bonds sufficient to 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 by such issuance that said county shall thereafter operate on 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 expepditures of the various officers and departments of said County other than the Courts thereof; to legalize tax

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371

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 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 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 the terms and conditions of operation of amendment and of proclamation, 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 11 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, Cobb 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 the record in the office of the Treasurer of said County, on the date as determined by the governing authority of said County, whcih date shall not be earlier than 60 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 said warrants and deferred payments orders of 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 to the Treasury of said County shall be paid monthly or otherwise as may betermined by the governing authority of said county, by checks drawn on the depository holding the funds of said County, and in no other way, no checks to be issued and delivered unless funds are on deposit sufficient to immediately pay same and all other than 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, any such Chief Executive Officer issuing, or any such check, or any such Treasurer countersigned and delivering any check where there are insufficient funds on deposit sufficient to immediately pay same, and all other than outstanding checks, shall be guilty of 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 expenditures of, the various officers and departments of said

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County, other than the Schools, and the courts thereof and expenses of courts, and exsiting 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 1944, 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 provisions 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. Provisions 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 proceed of the 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 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 obligations bonds of said County, and then shall be validated in the manner and under the procedure as is provided by law for 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 and with the Yeas and Nays thereon, the Governor is hereby directed to have this proposal 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, 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 amendments to Artcile 7, Section 7, Paragraph 1, 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 ratification of Amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize Cobb County to issue Funding Bonds, thereafter to operate on a cash basis and for other purposes", And if the majority of the electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for ratification thereof as provided by law, when the results shall be consolidated as now required by law in elections for members of the General Assembly then said amendment shall

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373

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, but, only if this amendment received the majority of votes as specified in Section 1A hereof.

Section 3. Be it further enacted, that all laws and parts of law, 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.

The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Allison Alwood Bates Barfield Bargeron Bennett Bentley Boone Bowen Branch Brewton Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Ca::tnon Cates Chance Cheshire Clark Connell Copland Crummey Culpepper Curry Dallis Dalton Daves

Deal Dorsett Dorsey Dukes Durden Dyal Easler Elliott Etheridge Ferguson Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy

Hart of Quitman Hartness Hatchett Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hubert Hurst Jennings of Terrell Joiner Johns Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Livingston Looper Mabry Mankin Martin Mason Maund McCamy McCracken

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McEntire Mcintosh McNall Medders Miller Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Oliver Overby Pannell Park Parker Pettit Phillips Pirkle

Porter Powell Price Pruitt Ray Reid Reynolds Riley Roper Rossee Roughton Russell -
Salter Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of Washington Sparks Strickland Sumner

Swint Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welsch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Wilson Woodruff Wright Yawn

Those not voting were :

Adams Alexander Anderson Baker Battles Boynton Burton Cowart Dunn DuPree Edwards Ennis Fisher Gillis

Grayson

Minchew

Hart of Thomas

Padgett

Hooks

Peck

Horne

Rees

Howard

Riddlespurger

Jennings of Sumter

Rountree

Johnson of Chattahoochee Rowland

Johnson of Pike

Sharpe

Littlejohn

Smith of Muscogee

Malone

Smith of Oglethorpe

Mavity

Thigpen

Mills

Willoughby

Mims

Mr. Speaker

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

On the adoption of the resolution, the ayes were 163, the nays 0.

The resolution having received the requisite constitutional two-thirds majority was adopted.

By unanimous consent, the following bill of the House was introduced, read the first time and referred to the committee:

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375

HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Gowen of Glynn,
Allison of Gwinnett and Phillips of Columbia: A bill to be entitled an act to supersede the title insurance act of 1939, Georgia laws, 1939, p. 376) ; to regulate and license title insurance companies; and for other purposes.
Referred to Committee on Insurance.
By unanimous consent the following report of the Standing Committee was submitted and read:
Mr. Sills of Candler 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 thr same back to the House with the following recommendations:
SB 41. Do Pass as amended
Respectfully submitted,
Sills of Candler, Chairman.

By unanimous consent the following bill of the Senate, favorably reported, was read the second time:
SB 41. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act approved July 22, 1929, Georgia Laws 1929, page 225, as amended by an act approved August 27, 1931, Georgia laws 1931, page 134, which said act as heretofore amended; and for other purposes.
By unanimous consent, the following resolutions df the House were read and adopted:
HR 78. By Messrs. Price and Hill of Clarke and Easler of Crawford:
A RESOLUTION
WHEREAS, the 1942 Rose Bowl football team of the University of Georgia has brought favorable publicity and renown to the State of Georgia; and
WHEREAS, the members of this team in their trip to the Rose Bowl game in California conducted themselves as true Georgians and gentlemen; and
WHEREAS, by their conduct and example many favorable reports have come to the State of Georgia.

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JOURNAL OF THE HOUSE,

BE IT RESOLVED, that we the members of the General Assembly of Georgia, now in session, wish and express to the members of this team our gratitude and appreciation for their conduct and example.
BE IT FURTHER RESOLVED, that the clerk be instructed to send a copy to the President of the University of Georgia.

HR 79. By Messrs. Thurmond and Roper of Hall:
A resolution commending and congratulating the officials, men and women of mill No. 4 of Pacelot Manufacturing Company, New Holland, Georgia upon their splendid contribution to the war effort and upon setting a pace in war production in Georgia; and for other purposes.

HR 80. By Mrs. Guerry of Macon, Messrs. Johnston of Worth, Broome of DeKalb, and Swint of Spalding:
A resolution to extend an invitation to William S. Smith of the late Cruiser Atlanta to speak to the members of the House on Friday, February 5, 1943 ; and for other purposes.

The speaker appointed as a Committee of Escort to escort Mr. Smith to the hall of the House, the following members of the House to wit:
Mrs. Guerry of Macon, and Messrs. Johnston of Worth,
Broome of DeKalb, and Swint of Spalding.

Under the regular order of business the following bill of the House was taken up for consideration, read the third time and placed upon its passage:

HB 101. By Messrs. McCracken of Jefferson, Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Etheridge of Fulton, Bargeron and Cates of Burke, Miller ot Lanier, Welsch of Cobb, Deal and Brunson of Bulloch, Dunn of Lamar, Branch of Tift, Burnside of McDuffie, Nicholson and Holley of Richmond, Goldberg and Hurst of Coweta, Ray of Warren, Waller and McCamy of Whitfield, Brewton of Evans, Peck of Dade, Gillis of Treutlen, and Phillips of Columbia:

A bill to be entitled an act to reorganize the department of public safety; and for other purposes.

By unanimous consent, HB 101 was tabled.
By unanimous consent, the following bills of the House were introduced, read the first time and referred to committees:

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377

HB 308. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to authorize the board of tax assessors of Forsyth county to use freeholders in an advisory capacity; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 309. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to require the board of registrars of Forsyth county to purge the voters list six months before each general election; and for other purposes.
Referred to Committee on Privileges and Elections.
Under the regular order of business the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 102. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to be entitled an act to amend section 92-5712 of the 1933 code so as to provide a proportionate part of the tax on personalty shall be included as is required for a release on realty; and for other purposes.
Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
Leaves of absence were granted Messrs. Campbell of Polk, Mills and Battles of Decatur, Sharpe of Toombs, Alexander of Chatham, Sills of Candler, Moore of Taliaferro, Guyton of Effingham, Crummey of Wilcox, and Sheppard of Heard.
The speaker announced the House adjourned until tomorrow morning at 10 :00 o'clock, and HB 102 went over as unfinished business.

378

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Friday, February 5, 1943.
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 a 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 an order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills. The following resolution of the House was read and referred to the Committee on Rules:
HR 81. By Mr. Durden of Dougherty:
A RESOLUTION Be it resolved by the House that the following be established as a special and continuing order of business for today's session to wit: 1. HB 107. To repeal the pension act for Richmond county. 2. HB 122. Terms of superior court, Talbot county. 3. HB 155. Terms of superior court in Henry county. 4. SB 41. General bill applying to Fulton county.
5. SB 38. Repealing the provisions for the suspension of the state treasurer
and comptroller general. 6. HR 37-133B. Confirming suspensions of license tax on automobile and
truck dealers.

FRIDAY, FEBRUARY 5, 1943

379

7. HR 36-133A. Suspension of one-half of license tax on automobile and truck: dealers.
8. HB 123. Excluding motor vehicles engaged in transportation of peanuts m shell. .
9. HB 143. Exempting mountain regions from stock: laws.
10. HB 174. Changing the date of filing of Homestead exemption.
11. HB 196. General bill with local application to DeKalb county.
12. HB 228. Relating to real estate brok:ers and salesmen.
13. 59-242A. Authorize state treasury to collect Victory tax for state employees.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:
HB 310. By Mr. Thigpen of Glascock::
A bill to be entitled an act to provide a tax of one mill per k:ilowatt of electricity to be paid monthly by the company furnishing electricity to be allocated to the counties on a basis of highway mileage; and for other purposes.
Referred to Committee on Ways and Means.
HB 311. By Mr. Thigpen of Glascock::
A bill to be entitled an act to amend the general tax act to provide a three per cent tax on gross premiums of insurance companies; and for other purposes.
Referred to Committee on Ways and Means.
HB 312. By Mr. Rowland of Johnson: A bill to be entitled an act to amend section 30-127, of the code of 1933, relating to custody of minor children so as to provide for an appeal from the award to a jury at the next term of court; and for other purposes.
Referred to Committee on Public Welfare.
HB ~13. By Messrs. Key of Jasper, Hatchett of Meriwether and Broome of DeKalb:
A bill to be enttiled an act amending the work:men's compensation act to include silicosis within the meaning of the term "injury or accident"; and for other purposes.
Referred to Committee on Industrial Relations.

380

JOURNAL OF THE HOUSE,

HB 314. By Mr. Medders of Bacon: A bill to be entitled an act to require all county officers of Bacon county, except county surveyor and coroner, to execute a bond; and for other purposes. Referred to Committee on Counties and County Matters.
HB 315. By Mr. Medders of Bacon: A bill to be entitled an act to amend the charter of the city of Alma to extend the corporate limits; and for other purposes. Referred to Committee on Municipal Government.
HB 316. By Messrs. Deal an~ Brunson of Bulloch: A bill to be entitled an act to provide a salary in addition to certain fees for the tax commissioner of Bulloch county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 317. By Messrs. Crummey of Wilcox and Rossee of Putnam: A bill to be entitled an act to adopt a system of coordinates for designating positions of points within the state for surveying; and for other purposes. Referred to Committee on Public Highways No. 1.
HB 318. By Messrs. Cannon of Rockdale and Rossee of Putnam: A bill to be entitled an act to repeal section 84-102 of the code of 1933, and substituting a new section pertaining to the duties of the secretary of state and the joint-secretary of the state examining boards; and for other purposes. Referred to Committee on State of Republic.
HB 319. By Messrs. Sparks of Towns and Boynton of Union: A bill to be entitled an act to prohibit commercial fishing in inside waters of the Georgia coast except for shad ; and for other purposes. Referred to Committee on Game and Fish.
HB 320. By Mr. Woodruff of Barrow: A bill to be entitled an act to provide a salary for the chairman of the board of commissioners of Barrow county; and for other purposes. Referred to Committee on Counties and County Matters.
HR 82-320A. By Messrs. Harris of Richmond, Copland, Elliott and Smith of Muscogee:

FRIDAY, FEBRUARY 5, 1943

381

A resolution to name Frank D. Foley, of Columbus, a member of the Western and Atlantic railroad commission.

Referred to Committee on Public Property.

HB 321. By Mr. Heard of Elbert:



A bill to be entitled an act to amend the charter of the city of Bowman to provide a permanent voters registration list; and for other purposes. Referred to Committee on Municipal Government.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enroll-

ment, submitted the following report:

'

Mr. Speaker:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House to wit:

HB 14.

HB 17.

HB 40.

HB 66.

Respectfully submitted, Johnson of Chattahoochee,

Mr. Allison of Gwinnett 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:
HB 291. Do Pass
HB 90. Do Pass by substitute Respectfully submitted, Allison of Gwinnett, Chairman.

Mr. E. L. Bowen of Pierce County, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the follow ing bills of the House and have instructed me as Vice-Chairman, to report the same
back to the House with the following recommendations:
HB 197. Do Pass

HB 262. Do Pass

Respectfully submitted,

Bowen of Pierce, Vice-Chairman.

By unanimous consent, the following bills of the House favorably reported, were read the second time :
HB 90. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to amend the charter of the city of Athens, so as to provide an employee pension fund, and for other purposes.
HB 197. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to increase the fees of the coroner of DeKalb county; and for other purposes.
HB 262. By Messrs. Broome, Hubert and Turner of DeKalb:
A bill to be entitled an act to increase the salary of the judge and solicitor of the city court of Decatur; and for other purposes.
HB 291. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend the charter of the City of Athens to provide the term of the city recorder shall be four years instead of two; and for other purposes.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to committees:
SR 21. By Senator Millican of the 52nd district:
A resolution proposing to the qualified voters of Georgia an amendment to article 6, section 3, paragraph 1, of the constitution of Georgia, by adding to said paragraph the following amendment; "Provided that in the Atlanta Judicial Circuit, whose terms commence after the adoption of this amendment shall be six years"; and for other purposes.
Referred to Committee on State of Republic.
SB 26. By Senator Harrison of the 17th district:
A bill to be entitled an act to amend the act entitled "Housing authorities

FRIDAY, FEBRUARY 5, 1943

383

law", approved March 30, 1937, Georgia laws 1937, pages 210-230; {as amended by an act approved March 23, 1939, Georgia laws of 1939, pages 112-122, and as amended by an act approved March 23, 1939, Georgia laws of 1939, pages 124-125), by amending subsections (a), (h), (d), and (f) of section 3 thereof ; and for other purposes.
Referred to Committee on State of Republic.
SB 27. By Senator Harrison of the 17th district:
A bill to be entitled an act to aid the prosecution of the war by authorizing housing authorities to develop or administer projects to provide housing for persons engaged in war industries or activities and to cooperate with the Federal Government in making housing available for such persons; to grant certain powers to public bodies to make obligations issued for such projects of housing authorities legal investments and security for deposits; and to declare valid all undertakings of housing authorities heretofore issued or entered into relating to such projects; and for other purposes.
Referred to Committee on State of Republic.
SB 28. By Senator Harrison of the 17th district:
A bill to be entitled an act to create a state director of housing; to provide for appointment thereof; to transfer to such state director of housing the powers, duties, functions, obligations and liabilities imposed upon the state housing authority board by the act approved February 6, 1941, and other provisions of law; to abolish the state housing authority board created under said act; and for other purposes.
Referred to Committee on State of Republic.
The following report of the Committee on Rules was submitted, read and adopted:
Mr. Speaker:
Your Committee on Rules has met and had under consideration a resolution establishing a special and continuing order of business at today's session and recommends that same do pass.
Durden of Dougherty, Vice-Chairman.
HR 81. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolv"ed by the House that the following be established as a special and continuing order of business for today's session.
1. HB 107. To repeal the pension act for Richmond county.
2. HB 122. Terms of superior court, Talbot county.

384

JOURNAL OF THE HOUSE,

3. HB 155. Terms of superior court in Henry county.
4. SB 41. General bill applying to Fulton county. 5. SB 38. Repealing the provisions for the suspension of the state treasurer
a~d comptroller general.
6. HR 37-133B. Confirming suspensions of license tax on automobile and truck dealers.
7. HR 36-133A. Suspensions of license tax on automobile and truck dealers.
8. HB 123. Excluding motor vehicles engaged in transportation of peanuts in the shell.
9. HB 143. Exempting mountain regions from stock laws.
10. HB 174. Changing the date of filing of Homestead exemption.
'11. HB 196. General bill with local application to DeKalb county.
12. HB 228. Relating to real estate brokers and salesmen.
13. HR 59-242. Authorize state treasury to collect Victory tax from state employees.
By unanimous consent, HR 81 was adopted.
Under the special and continuing order of business established by HR 81 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 107. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to repeal the pension of Richmond county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 122. By Mr. Maund of Talbot: A bill to be entitled an act to change and fix the time of holding the superior court of Talbot county; and for other purposes.
Mr. Maund of Talbot asked unanimous consent that HB 122 be tabled an'd the consent was granted.
HB 155. By Mr. Norman of Henry: A bill to be entitled an act to provide for the holding of three terms a year of the superior court of Henry county; and for other purposes.

FRIDAY, FEBRUARY 5, 1943

385

Mr. Norman of Henry asked unanimous consent that further consideration of HB 115 be postponed until Tuesday, February 9, 1943 and the consent was granted.
SB 41. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act approved July 22, 1929 (Ga. laws 1929 p. 225), as amended by an act approved August 27, 1931 (Georgia laws 1931), which said act as heretofore amended provides for supplementing the :kmds of the county board of education of all counties having a population of not less than 200,000; and for other purposes.
The following amendment was read and adopted:
Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton move to amend SB 41 by adding to section 2 and at the end thereof the following words:
"The additional amount herein provided for shall be used exclusively for the purpose of paying salaries to school teachers in the employ of the county board of education for the months of July and August in each year, and there shall be no reduction in the amount of salaries paid them in any other months on account of said payments in said two additional months, it being the purpose of this law to provide said additional funds so that the said teachers may draw salaries for each of the twelve months in the year.
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 109, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following resolution of the Senate was read and adopted:
SR 41. By Senators Whitworth of the 30th, and Boyett of the 11th districts:
A resolution to extend an invitation to Captain Eddie Rickenbacker to address a joint session of the General Assembly at any such time as may be convenient to him.
Under the special and continuing order of business established by House Resolution No. 81 the following bills and resolutions of the House were taken up for consideration, read the third time and placed upon their passage:
SB 38. By Senator Lester of the 18th district:
A bill to be entitled an act to repeal section 40-206 of the 1933 code providing for the suspension of the state treasurer or comptroller general, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

386

JOURNAL OF THE HOUSE,

On the adoption of the resolution, the ayes were 103, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
HR 36-133A. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fult'on:
A resolution to suspend one-half of the tax on automobile and truck dealers; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 112, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
HB 123. By Mr. Gardner of Mitchell:
A bill to be entitled an act to provide that the term "motor carrier" shall not include motor vehicles engaged in transportation of peanuts in the shell, and for other purposes.
The following amendment was read and adopted:
Messrs. Thompson and Hatchett of Meriwether and Caldwell of Troup move to amend House Bill No. 123 as follows:
By adding the words "and peaches" after the word "shell" in the caption; and by adding the words "and peaches" after the word "shell" in the body of the 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, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 143. By Mr. Boynton of Union:
A bill to be entitled an act to repeal the law found on pages 217-218 of the acts of 1927, relating to no fence la,w in certain mountain areas; and for other purposes.
The report of the committee, which. was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.

FRIDAY, FEBRUARY 5, 1943

387

HB 174. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to amend the act providing for exemption of taxation to the owner of personal property by changing the time of filing application for exemption; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 196. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to provide that DeKalb county registrars shall prepare separate voters lists for each precinct in militia districts with more than one precinct; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 228. By Mr. Littlejohn of Floyd:
A bill to be entitled an act to amend an act approved August 14, 1925, as amended August 14, 1931, creating a state real estate commission so as to make it apply to counties with a population of 75,490 instead of 50,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 2.
The bill having received the requisite constitutional majority was passed.
HR 59-242A. By Messrs. Fortson of Wilkes and Durden of Dougherty:
A resolution authorizing the state treasurer to withhold the victory tax from all state officials, members of the General Assembly, and state employees; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On_ the adoption of the resolution, the ayes were 106, the nays 1.
The resolution having received the requisite constitutional majority was adopted.
By unanimous consent, House Resolution No. 59-242A was ordered immediately transmitted to the Senate.

388

JOURNAL OF THE HOUSE,

The following bill of the House was again taken up for consideration:
HB 102. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend section 92-5712 of the code of 1933 so as to provide a proportionate part of the tax on personality shall be included as is required for release of realty; and for other purposes.
Mr. Weaver of Bibb asked unanimous consent that House Bill No. 102 be postponed until Monday, February 8, 1943, and the consent was granted.
Under the regular order of business the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 25. By Mr. Livingston of Polk:
A bill to be entitled an act to create a board of naturopathic examiners, to define and regulate its practice; and for other purposes. By unanimous consent House Bill No. 25 was postpon~d until Tuesday, February 9, 1943.
The time fixed as the hour for an address from William S. Smith of the late Cruiser Atlanta, having arrived, the speaker accompanied by the committee of escort appeared on the floor of the House and the House was addressed by Sailor William S. Smith.
Mr. Durden of Dougherty 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. Brewton of Evans.
The speaker announced the House adjourned until Monday morning at 10:00 o'clock.

MONDAY, FEBRUARY 8, 1943

389

Representative Hall, Atlanta, Georgia. Monday, February 8, 1943.
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 a 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 Friday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills. The following message was received from the Senate through Mr. Nevin, 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: SB 42. By Senator Martin of the 13th:
A bill to be entitled an act to amend an act approved March 28, 1900 (Ga. Laws 1900, pages 394-402) as amended by the act approved August 22, 1907, relating to the registration and qualification of voters in the City of Oglethorpe; and for other purposes. SR 33. By Senator Griner of the 45th: A resolution to authorize the director of the motor vehicle division of the state revenue department to provide for the issuance of metal date strips for motor vehicle license tags in lieu of the two metal number plates as required by law.

390

JOURNAL OF THE HOUSE,

SB 31. By Senators Pittman of the 42nd and Bloodworth of the 23rd: A bill to amend an act approved August 17, 1891, to strike the word six and substitute the word ten so that clerks of the superior courts shall require a deposit of $10.00 in all divorce suits instead of $6.00.
HB 22. By Mr. Thigpen of Glascock county:
A bill to amend chapter 9-5 entitled "Disbarment proceedings," of the official code of 1933, by adding a new section to be appropriately num-
bered; to provide for a limitation of actions for the disbarment of attorneys; and for other purposes.
By unanimous consent the following bills and/or resolutions of the House were introduced, read the first time, and referred to the committee:
HB 322. By Messrs. MeNall, Grayson and Alexander ~ Chatham:
A bill to be entitled an act to amend title 52 of the code of 1933, entitled, "Hotels and Inns," by adding a new section to be known as section 52-llOa to limit liability of hotels and inn keepers for loss and theft of valuables to $300.00 except where a written contract is entered for greater liability; and for other purposes.
Referred to Committee on State of Republic.
HB 323. By Mr. Gray of Houston:
A bill to be entitled an act to provide for the holding of two terms each year of the Houston superior court and fixing the time; and for other purposes.
Referred to Committee on Special Judiciary.
HB 324. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to fix the salary of the jailer of Carroll county; to fix fees for the feeding of prisoners confined to the jail; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 325. By Mr. Reynolds of Clayton:
A bill to be entitled an act to amend sub-section 1 of section 67-2001 of the code of 1933 to give landscape gardeners and nurserymen a lien for materials and work: to improve or beautify the real estate of any person; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 326. By Mr. Easler of Crawford:
A bill to be entitled an act to amend the laws creating the board of commissioners of roads and revenues of Crawford county, to divide the county

MONDAY, FEBRUARY 8, 1943

391

into districts for the election of a commissioner from each district; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 327. By Mr. Thrash of Coffee: A bill to be entitled an act to create a zoning law for the City of Douglas; and for other purposes.
Referred to Committee on Municipal Government.
HB 328. By Mr. Thigpen of Glascock: A bill to be entitled an act to repeal all laws creating a board of commissioners of roads and revenues of Glascock county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 329. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton:
A bill to be entitled an act to fix the salary of the clerk of court, sheriff, ordinary, tax-collector and tax-receiver of Fulton county at $7,500.00 per year; and for other purposes..
Referred to Committee on Special 1udiciary.

HB 330. By Mr. Bynum of Rabun:
A bill to be entitled an act to amend section 67-2203 of the code of 1933 relative to liens for hauling lumber, stocks or logs, to provide that this section shall include a special lien for hauling with trucks or any other means; and for other purposes.
Referred to Committee on General 1udiciary No. 1.

HB 331. By Mr. Bynum of Rabun:
A bill to be entitled an act to make it a crime for any person to allow hogs to run at large for ten days following vaccination with cholera serum; and for other purposes.
Referred to Committee on General Agriculture No. 1.

HB 332. By Mr. Cannon of Rockdale:
A bill to be entitled an act to prohibit the solicitation of votes or handing out of literature at the polls in Rockdale county at any election; and for other purposes.
Referred to Committee on Privileges and Elections.

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HB 333. By Messrs. Dyal of Appling, Adams of Wheeler, Fisher of Jeff Davis, Willoughby of Clinch, Drake of Seminole, Mills of Decatur, and Bates of Ware:
A bill to be entitled an act to amend section 65-203 of the code of 1933, to provide a charter to non-profit cooperative associations for fifty years instead of twenty; and for other purposes.
Referred to Committee on Corporations.

HB 334. By Mr. Daves of Dooly:
A bill to be entitled an act to amend the acts creating a board of commissioners for Dooly county to provide for redistricting the county; and for other purposes.
Referred to Committee on Counties and County Matters.

Mr. Miller of Lanier 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 bills of the Senate and have instructed me as chairman, to report the same back to the House with the following recommendations:

SB 52. Do Pass.

SB 53. Do Pass. SB 66. Do Pass.

Respectfully submitted,

Miller of Lanier, Chairman.

Mr. Thrash of Coffee county, chairman of the Committee on Education No. l, submitted the following report:
Mr. Speaker:
Your Committee on Education No. l 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:
HB 282. Do Pass.
Respectfully submitted,
Thrash of Coffee, Chairman.

MONDAY, FEBRUARY 8, 1943

393

M'r. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House to wit:
HR 28.
HR 36.
HR 37.
HR 59. HB 30. HB 62. HB 81. HB 87. HB 88. HB 97. HB 98. HB 99. HB 105. HB 107. HB 123. HB 141. HB 143. HB 156. HB 172. HB 174. HB 186. HB 187. HB 196. HB 203.

394
HB 207. HB 209. HB 216. HB 221. HB 224. HB 228. HB 237. HB 241. HB 246. HB 257. HB 259. HB 260. HB 265. HB 267. HB 268. HB 271. HB 276. HB 277.

JOURNAL OF THE HOUSE,

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills of the House to wit:
HB 120. HB 121. HB 170. HB 171.

MONDAY, FEBRUARY 8, 1943

395

HB 225. HB 226. HB 227. HB 234. HB 248. HB 249. HB 250. HB 255. HB 261.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the 'Committee on Enrollment, submitted the following report:

Mr. Speaker:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House to wit:

HB 22.

HB 160.

Respectfully submitted,
Johnson of Chattahoochee. Chairman.

Mr. Bynum of Rabun County, Vice-Chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker:

Your Committee on Public Property have had under consideration the following resolutions of the House and have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:

HR 76. Do Pass.

HR 75. Do Pass.

Respectfully submitted,

Bynum of Rabun, Vice-Chairman.

396

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By unanimous consent, the following bills and resolutions, of the House and Senate favorably reported were read the second time:
HB 282. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to amend section 32-902 of the code of Georgia of 1933, so as to provide that in counties having a population of not less than 85,000, and not more than 90,000, according to the U. S. census of 1940, or any future census, a member of the county board of education shall be ineligible to succeed himself and shall be ineligible for re-election to said board for a period of two years; to provide that the successor of such board member shall not be selected from the same militia district as that of the member he succeeds; to provide that trustees of local school districts shall not at the same time serve as members of the county board !Jf education; and for other purposes.
HR 75. By Mr. Brewton of Evans:
A resolution authorizing the Governor and comm1ss1oner of Agriculture to deed the famous marsh located in Claxton to a board of trustees to operate; and for other purposes.
HR 76. By Mr. Boynton of Union:
A resolution that the state department of natural resources deed to Union county a certain tract of land; and for other purposes.
SB 52. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking law and section 13-2048 of the code of Georgia of 1933, concerning the deposits of a deceased depositor; and for other purposes.
SB 53. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking laws and section 13-2013 of the Georgia code of 1933, which provides a limit for loans by state banks to any one person, firm or corporation; and for other purposes.
SB 66. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking laws and title 13, of the Georgia code of 1933, to provide the par value of shares of stock of banking corporations; and for other purposes.
By unanimous consent, the following bill and resolutions of the Senate were read the first time, and referred to committees:
SB 31. By Senator Pittman of the 42nd district:
A bill to be entitled an act to amend an act to prescribe and make more

MQNDAY, FEBRUARY 8, 1943

397

certain the fees of clerks and sheriffs of the superior courts of this state, in the manner of divorce suits before said courts; and for other purposes.
. Referred to Committee on General Judiciary No. 2.
SB 42. By Senator Martin of the 13th district:
A bill to be entitled an act to amend the charter of the City of Oglethorpe to prescribe by ordinance the manner in which voters may register; and for other purposes.
Referred to Committee on Privileges and Elections.
SR 33. By Senator Griner of the 45th district:
A resolution to authorize the director of the motor vehicle division of the state revenue department to provide for the issuance of metal date strips for motor license tags in lieu of the two metal numbe.r plates as required by law.
Referred to Committee on Motor Vehicles.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time, and placed upon their passage:
HB 90. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to amend the charter of the City of Athens, so as to provide an employees' pension fund; and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act approved August 24th, 1872, entitled "An Act to amend the Charter of the Town of Athens and the various Acts amendatory thereof", which said Act of 1872 changed the name of the Town of Athens to the City of Athens, and as amended by several subsequent Acts amendatory thereof, so as to provide means for the furnishing aid, relief and pensions to members of the paid Police Department of the City of Athens now in active service, whose names are now on the pay roll of such department, and to future paid members thereof, and their dependents in specified cases, and to paid members of the City Clerk's office, whether officer or employee and the Marshall's office, whether officer Iff employee and their dependents in specified cases, and the City Engineer's office, whether officer or employee, and their dependents in specified cases, and to provide how all such persons shall be retired who have served twentyfive years on pensions; to provide how such persons shall be paid in cases of total disability resulting from such service, and how such total disability may be determined; to provide for relief in cases of sickness or accident

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resulting from such service, and for the relief of dependents, widows and children of deceased pensioners to be paid in cases of death of such pensioners, and to provide for the amounts of pensions payable to pensioners hereunder, or their widows or minor children in cases of death of such pensioners, and to provide for the amounts of pensions payable hereunder to the widows or minor child or children of such pensioners, or persons, in the event of retirement or disability of members or pensioners; to provide for payment in certain instances to pensioners estates or beneficiaries or heirs of all monies paid by them in the pension fund; to provide that the Mayor and Council of the City of Athens shall levy a tax of two dollars and fifty cents ($2.50) per month upon the salaries of all such eligible persons for pensions, releif, etc., now on the pay rolls, or hereafter to come on the pay rolls, to raise in part the funds to pay such aids, reliefs and pensions, collectible monthly from said salaries as shall be provided; and to provide that the Mayor and Council of the City of Athens shall set aside for said pension fund $1500.00 per annum from the General funds of the City of Athens, to raise in part the funds to pay such aids, reliefs and pensions, derived from the functioning of the Recorder's Court of the said City of Athens; to provide how all such funds shall be collected and managed ; To create a Board of Trustees and provide for their selection or election and their term of office, to manage, deposit and disburse upon order, and invest funds or parts of funds collected for said fund, and to authorize such Board of Trustees to make all necessary rules for carrying out the terms of this Act; to provide that such aids, reliefs, pensions, shall not be subject to attachment, garnishment, or judgment, nor shall they be assignable; to provide that if any part of this Act be held to be unconstitutional, the remainder thereof shall remain in force and effect; to provide that this Act shall not affect nor be affected by any workman's compensation law, or other similar laws; and for other purposes, and to provide for supplemental funds; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act of the General Assembly approved August 24, 1872, entitled "An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof", which said Act of August 24, 1872, provided for the changing of the name of the Town of Athens to the City of Athens and for the incorporation of said City under the name and style of "The Mayor and Council of the City of Athens", and the several subsequent Acts amendatory thereof, be and the same are hereby amended as follows:
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, there shall be raised and established in the City of Athens, by the Mayor and Council of the City of Athens, funds for the aid, relief and pensions of paid members of the Police Department of said City, whether officers of employees in service at the time of the passage and approval of this Act, and for all persons now in service paid for by said City in the offices of the Marshall, City Clerk:, and City Engineer,

MONDAY, FEBRUARY 8, 1943

399

whether officers or employees, whose services are paid for by said city on salaries, and such officers, members, or employees as may be hereafter so entered on the pay rolls of the said City, and dependents of such persons as designated in the following sections.

Section 2. Be it and it is further enacted that all such officers, members and employees, may as a matter of right retire from active service, provided he or she shall have served twenty-five years in active service at the time of his or her retirement; provided, however, that none shall be eligible for retirement as a matter of right until after the expiration of two years from the effective date of this Act.

Section 3. Be it and it is hereby enacted further that any eligible person of departments or offices who shall be injured or whose health shall become permanently impaired to such an extent as to render him totally disabled as a result of such service shall upon application be retired. Should the board of trustees refuse to grant a retirement, or order therefor, of such person, the applicant shall select a physician, the board of trustees shall select a physician, and the tw.> physicians so selected shall select a third physician, and these three shall examine the applicant and determine whether he is totally disabled and a decision by a majority of these physicians shall he final on the question.

Section 4. Be it and it is further enacted that when a person shall retire from such service as a matter of right, he shall be paid thereafter for the balance of his life the sum of seventy-five dollars per month, provided he shall have served twentyfive years in active service at the time of his retirement, or shall have become totally disabled in line of duty at any time. In case of the death of such pensioner, his widow, if one, shall receive during her life, or until she remarries, the sum of Fifty Dollars per month; provided, however, that no such widow shall receive any such sum hereunder unless she was the lawful wife of said pensioner prior to his retirement from active service. If such pensioner at death leaves no widow, or if pensioner's widow was not the lawful wife of the pensioner prior to his retirement from active service, and leaves an orphan child or children under the age of sixteen years, such orphan child or children, except children adopted subsequent to said pensioner's retirement from active service, shall receive until reaching the age of sixteen the sum of fifty dollars per month, and if there be more than one such child, then the one, or those, remaining under SI.Jch age, shall receive the said fifty dollars per month, the afct that one or more becoming sixteen years of age not affecting the right of the others to the whole sum.

Section 5. Be it and it is further enacted that should such person, whether officer or employee of the said City of Athens who is eligible to participate in the benefits of this Act become so totally disabled not in line of duty as to make such person incapable of performing the duties of such office or employment, he shall receive a pension graduated as follows:

After Five years service After Ten years service After Fifteen years service

$15.00 $30.00 $45.00

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After Twenty years service After Twenty-five years service

$60.00 $75.00

And upon the death of such person not in line of duty, that is, pensioner or one in active service, his widow, if one, shall be paid during the balance of her life or until she remarries, the sum of money so graduated monthly according to the length of service of her deceased husband before his retirement on account of disability, or before his death, as follows:

After Five years service After Ten years service After Fifteen years service After Twenty years service After Twenty-five years service

$10.00 $20.00
$30.00 $40.00 $50.00

Provided, however, that no such widow shall receive any such sum hereunder unless she was the lawful wife of SUfh pensioner prior to the time he became disabled, if said pensioner die without leaving a widow or if such pensioner's widow was not the lawful wife of such pensioner prior to such disability, pensioner's minor child or children, except adopted child or children adopted subsequent to such pensioner's retirement from active service, shall be paid the same gross sums according to the same graduated schedule as set out above in this section for the widow until they reach the age of sixteen years, the said sum to be paid to only the child or children remaining under the age of sixteen years.

Section 6. Be it and it is further enacted that upon the death of any person eligible for pensions under this Act, from any cause, who leaves no dependents entitled to his pension, then and in that event the full amount of the money he has paid into said pension fund shall be paid to his estate.

Section 7. Be it and it is further enacted that there is hereby established, to serve without pay, a Board of Trustees whose duties it shall be to manage said pension funds which shall be kept oy the City Treasurer as a separate fund and covered by his bond as such. The Board of Trustees shall consist of the City Treasurer, the Chairman of the finance committee of the Mayor and Council of the City of Athens, and three members to be selected or elected by and from the persons eligible as members of or employees of the Police department, the. officers or employees of the City Clerk's office, the Marshall's office and the City Engineer's office, in active service, on the first Monday in the month after the month of the passage and approval of this Act. The person receiving the highest number of votes shall serve for a term of three years from his election, or until his successor is elected. The person receiving the second highest number of votes shall serve for a term of two years from the time of his election, or until his successor is elected, The person receiving the third highest number of votes shall serve for a term of one year, or until his successor is elected. On the first Monday in the same month annually thereafter, upon the expiration of the term of a trustee a successor shall be so elected to succeed such trustee whose term has expired and the terms of such succeeding trustees shall be for three years. The chairman of the finance committe!'

MONDAY, FEBRUARY 8, 1943

401

of the City Council and the Treasurer of the said City of Athens shall be permanent members of the Board of Trustees by virtue of their offices.
Section 8. The Board of Trustees shall make all rules for the payment of funds to those entitled to receive the same. It shall have its first meeting on Monday following the first Tuesday in the month next after the month of the passage and approval of this Act, and organize by electing a chairman and a vice-chairman who shall serve when the chairman is absent, and a secretary. The chairman shall sign all vouchers for the disbursement of the fund and his written order shall fully protect the City Treasurer in the payment of the same. A majority of the Board of Trustees shall control on all questions, and the said Board of Trustees shall have power to fix the times and places of meeting.
Section 9. A tax of Two Dollars and Fifty Cents shall be levied by the Mayor and Council of the City of Athens on the monthly salaries of all persons named in this Act in active service at the time of and after the passage and approval of this Act, and the City Treasurer of the City of Athens shall retain that amount from each of such salaries to be applied toward the purposes of this Act; provided, however, that any person eligible to participate in the benefits of this Act shall have the right at any time to notify the said Board of Trustees in writing that he or she does not desire to so participate by filing such notice with the Chairman or the Secretary of the said Board of Trustees, and from and after the date of the filing of such written notice there shall be no deductions from the salary of such person, and he or she shall have no further interest in said pension fund. The Mayor and Council of the City of Athens shall set aside $1500.00 per annum from the General fund for these pensions.
Section 10. The said Board of Trustees shall formulate rules in writing for taking care of those persons who are on the pay roll of the City of Athens who participate in said fund by deductions from their salaries in active service while temporarily sick or hurt and injured and pay the reasonable expense thereof. The said Board of Trustees shall formulate rules in writing for paying of pensions of those who lose their life in the service to his widow until she dies or remarries, and for the paying of pensions to minor child or children of pensioners of such deceased person, or to such widow and children or child, as provided in this Act, provided the amount paid to such widow or child or children shall not exceed the amounts provided in this Act. The trustees shall keep a strict account of the receipts and disbursements of all such funds in such manner and form as to be open at all times to the inspection of the public.
Section 11. In case of a person who has served twenty-five years does not desire to retire, and the Board of Trustees deems such person incapable of further service in his or her work and duties, for the purposes of this Act, the same proceedings shall be had as that to determine a disabled, totally disabled, person as set out in section Three (3) of this Act.
Section 12. Be it and it is further enacted that when any person eligible to retire as a matter of right who has served twenty-five years but is in active service at the

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time of his or her death, the widow or minor children shall be entitled to the same pension as if he had retired as has ,been provided in this Act.
Section 13. The City Attorney of the City of Athens shall render such legal service as is required by the said Board of Trustees without extra compensation.
Section 14. In case there should accumulate more funds than needed for immediate use the Board of Trustees are hereby empowered to invest such funds in United States of America bonds, Georgia State bonds, or good Municipal bonds, but not otherwise.
Section 15. Be it and it is further enacted that such funds as shall be paid out, not being subject to attachment, garnishment or judgment, nor assignable, shall be paid in cash to the beneficiary if so requested by him or her, the Treasurer taking a receipt therefor.
Section 16. Be it and it is further enacted that the plan and purpose of this Act is to furnish aid, relief and pensions to those persons named herein who are in active service with the Mayor and Council of the City of Athens or who may hereafter be in such service and to their dependents and that the only purpose of this Act is that such funds as may be raised in accordance herewith shall be used only as 1s provided in this Act.
Section 17. It is hereby further enacted that the terms of this Act shall not affect any Workman's Compensation Law, nor shall such law affect this Act, or similar such laws.
Section 18. Be it and it is hereby enacted that in the event that any clause or clauses of this Act shall be held to be unconstitutional or invalid by the Courts of this State, that such holding shall not invalidate any other portion of this Act, but shall affect only that part, clause or clauses so declared and held to be unconstitutional.
Section 19. Provided that the benefits of this Act shall not be available to any officer or employee who shall become disabled whether in line of duty or not, through his or her own misconduct.
Section 20. Be it and it is hereby further enacted that 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, by substitute, was agreed to.
On the pa~sage of the bill, by substitute, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
HB 262. By Messrs. Broome, Hubert and Turner of DeKalb:
A bill to be entitled an act to increase the salary of the judge and solicitor of the city court of Decatur; and for other purposes.

MONDAY, FEBRUARY 8, 1943

403

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 291. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to amend the charter of the City of Athens so as to provide that the term of the city recorder shall be for four years instead of two 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the regular order of business the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage.
SB 75. By Senators Atkinson of the 1st, Raynor of the 4th, Williams of the 5th, Kennedy of the 2nd, and Harrison of the 17th districts:
. A bill to be entitled an act to regulate the sanitary conditions of oysters and shellfish; to regulate the handling, sale and distribution of 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 124, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 78. By Senator Kimbrough of the 25th district:
A bill to be entitled an act to authorize and direct the Governor to appoint an advisory committee in each county in which a state park is located and operated; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mrs. Mankin of Fulton asked unanimous consent to introduce a bill at this time and the consent was granted.

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The following bill of the House was submitted by Mrs. Mankin of Fulton, read the first time and referred to the committee:
HB 335. By Messrs. Turner, Hubert and Broome of DeKalb, Etheridge, Kendrick, and Mrs. Mankin of Fulton:
A bill to be entitled an act proposing an amendment to article 7, section 7, paragraph 1, of the constitution to authorize the City of Atlanta, Fulton county, DeKalb county, or either them to enter cotnracts with each other, or with a hospital authority for hospitalization, and for other purposes.
Referred to Committee on Amendments to the Constitution No. 2.
Mr. Rowland of Johnson asked unanimous consent to introduce a bill at this time and the consent was granted.
The following bill of the House was submitted by Mr. Rowland of Johns~n, read the first time and referred to the committee:
HB 336. By Messrs. Ogburn of Laurens and Rowland of Johnson:
A bill to be entitled an act to provide that any one practicing any profession without a license where a license is required shall be defined as a public nuisance and shall be abated by the solicitor general by proper action; and for other purposes.
Referred to Committee on General JudiciaFy No. 2.
Under the regular order of business the following bills and resolutions of the House were taken up for consideration, read the third time and placed upon their passage:
HB 102. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend section 92-5712 of the code of 1933 so as to provide a proportionate part of the tax on personalty shall be included as is required for a release of realty; and for other purposes.
Mr. Weaver of Bibb asked unanimous consent that further consideration of House Bill No. 102 be postponed until Wednesday, February 10, 1943, and the consent was granted.
HB 44. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to appropriate to the state department of welfare certain sums for the support and maintenance of the negro division of the Georgia Training School for Girls; and for other purposes.
The following substitute was read and adopted:
By Mrs. Mankin of Fulton, Messrs. Weaver, Barfield and Wilson of Bibb, and Harris of Richmond.

MONDAY, FEBRUARY 8, 1943

405

A BILL
To be entitled an act to provid~ for the maintenance, by the Department of Public Welfare, of the Negro Division of the Georgia Training School for Girls, created by the act approved March 31, 1937, located in Bibb county, Georgia; and to repeal conflicting laws.
SECTION 1
Be it hereby enacted by the General Assembly of Georgia that the Governor as Director of the Budget and the Budget Commission are hereby authorized to support and maintain the Colored Division of the Georgia Training School for Girls, created and established by the Act approved March 31, 1937, and located in Bibb County, Georgia, out of any funds which may be available from the State Department of Public Welfare, and out of any other funds which might be available for the purpose in the discretion of the Budget Commission.
SECTION 2
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 ayes were 127, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
HR 20-73A. By Mr. Etheridge of Fulton:
A resolution to appropriate funds to pay the American Coolair Corporation for goods sold to the State of Georgia; and for other purposes.
By unanimous consent the reading of the resolution in its entirety was dispensed with as this being an appropriation measure would necessitate the consideration of it in the committee of the whole House.
The House was resolved into the Committee of the whole House for the purpose of considering House Resolution No. 20-73A, and the Speaker designated Mr. Welsch of Cobb as chairman thereof.
The committee of the whole House arose and through its chairman, reported House Resolution No. 20-73A back to the House with the recommendation that same do pass as amended.
The following committee amendment was read and adopted:
The Committee of the House on Special Appropriations moves to amend H. R. 20-73A by striking from the last paragraph of said resolution the words "plus interest thereon from August 31, 1931, to date at the rate of 6%."

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Moves also to amend caption accordingly by striking from the caption the words "to provide interest thereon."

The report of the committee, which was f;vorable to the adoption of the resolution as amended, was agreed to.

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

Those voting in the affirmative were:

Adams Alexander Allison Baker Bates Battles Barfield Bageron Bennett Bentley Bowen Branch Broome Brunson Burnside Bynum Caldwell Campbell of Polk Carmon Cates Cheshire Clark Connell Cowart Culpepper Dallis Dalton Daves Deal Dorsett Dorsey Drake Easler Edwards Elliott Etheridge Fisher

Fortson

Mavity

Fussell

Maund

Gardner

McCamy

Gaskins

McCracken

Gaston

McEntire

Gholston

Mcintosh

Giddens

McNall

Gillis

Medders

Goldberg

Miller

Gray

Mims

Greene of Jones

Mitchell

Greene of Schley

Moore of Baldwin

Guerry

Nicholson of Oconee

Hand

Nicholson of Richmond

Hart of Quitman

Norman

Hart of Thomas

Ogburn

Hartness

Overby

Hatchett

Park

Heard

Parker

Herndon

Peck

Hicks

Phillips

Hill of Troup

Pirkle

Hooks

Pruitt

Hubert

Reid

Hurst

Reynolds

Jennings of Terrell

Riddlespurger

Joiner

Riley

Johnson of Chattahoochee Roper

Johnston

Roughton

Jones

Rowland

Kelly of Thomas

Russell

Kelly of Walker

Salter

Kendrick

Smith of Carroll

Key

Smith of Oglethorpe

Malone

Smith of Washington

Mankin

Sparks

Mason

Strickland

MONDAY, FEBRUARY 8, 1943

407

Sumner Swint Thomas Thrash Thurmond Waller

Warnock Weaver Welch Wells of Telfair Wilbanks of Cherokee Williams of Coffee

Those voting in the negative were:

Williams of Harris Willoughby Wilson Woodruff Wright

Bridges Curry DuPree Gavin Hardy Hefner

Hill of Clarke Hogg Horne Johnson of Pike Martin Odom

Those not voting were:

Powell Price Thigpen Wilbanks of Habersham Yawn

Adams Alwood Anderson Boone Boynton Brewton Burton Campbell of Newton Chance Copland Crummey Dukes Dunn Durden Dyal Ennis Ferguson Foster Gilbert Gowen

Graham Grayson Guyton Hagan Harden Hightower Holley Howard Jennings of Sumter Johns Knabb Littlejohn Livingston Looper Mabry Mills Minchew Mixon Moate Moore of Taliaferro

Oliver Padgett Pannell Pettit Porter Ray Rees Rossee Rountree Sharpe Sheppard Sills Smiley Smith of Dougherty Smith of Muscogee Thompson Turner Whipple Williams of Gwinnett Mr. Speaker

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

On the adoption of the resolution, as amended, the ayes were 128, the nays 17.
The resolution having received the requisite constitutional majority was adopted as amended.

HR 21-75A. By Mr. Etheridge of Fulton:
A resolution to appropriate funds to pay John B. Stetson Company for goods sold to the State of Georgia; and for other purposes.

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JOURNAL OF THE HOUSE,

Mr. Etheridge of Fulton asked unanimous consent that further consideration of House Resolution No. 21-75A be postponed until February 15, 1943, and the consent was granted.
HB 104. By Mr. Bynum of Rabun:
A bill to be entitled an act to provide for the establishment of a wild life department in any county or counties of the state; and for other purposes.
Mr. Bynum of Rabun asked unanimous consent that further consideration of House Bill No. 104 be postponed until February 10, 1943, and the consent was granted.
HB 108. By Messrs. Thurmond of Hall, Ray of Warren, and McCamy of Whitfield: A bill to be entitled an act to fix the compensation of the director of the department of public health; and for other purposes.
The following amendment was read and adopted:
Messrs. Ray of Warren, Thurmond of Hall and McCamy of Whitfield move to amend section 1 of House Bill No. 108 by striking the words and figures $6,500.00 as they appear therein and substitute therefor the figures $6,000.00.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, the nays 6.
The bill having received the requisite constitutional majority was passed, as amended.
HB 112. By Messrs. Connell of Lowndes, Bynum of Rabun, Allison of Gwinnett, and Gilbert of Glynn:
A bill to be entitled an act to authorize and provide the effect of recording certified copies of recorded instruments; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 2.
The bill having received the requisite constitutional majority was passed.
HB 114. By Mr. Odom of Baker:
A bill to be entitled an act to require the fiscal officials in every county to use uniform schedules prepared by the state auditor in the making of county audits; and for other purposes.
Mr. Smith of Carroll moved that House Bill No. 114 be tabled and the motion prevailed.

MONDAY, FEBRUARY 8, 1943

409

HB 115. By Messrs. Smith of Carroll, Hatchett of Meriwether, and Hill of Troup:

A bill to be entitled an act to amend section 91-703 of the code by adding provisions for including county health officers, county farm agents, judges and solicitors of city and county court; and for other purposes.

Mr. Hatchett of Meriwether asked unanimous consent that further consideration of House Bill No. 115 be postponed until Tuesday, February 10, 1943, and the consent was granted.

HB liS. By Messrs. Smith and Durden of Dougherty:

A bill to be entitled an act to amend section 92-2014 of the code of 1933, which said section relates to the taxing of miniature pool tables; and for other purposes.

Mr. McCracken of Jefferson moved that further consideration of House Bill No. 118 be postponed until Wednesday, February 10, 1943, and the motion prevailed.

HR 33-llSC. By Messrs. Welsch and Dorsey of Cobb:

A resolution to designate the first Sunday in June as "Shut-Ins' Day" for the sick; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 107, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

Mr. Phillips of Columbia asked unanimous consent to introduce a bill at this

time and the consent was granted.



The following bill of the House was submitted by Mr. Phillips of Columbia, read the first time and referred to the committee:

HB 337. By Messrs. McCracken of Jefferson, Phillips of Columbia and MeN all of Chatham:

A bill to be entitled an act to provide that hunting and fishing licenses shall be issued and sold by the state revenue commission or his designated agent or agents, and for other purposes.

Referred to Committee on Game and Fish.
HB 119. By Messrs. McCracken of Jefferson, Durden of Dougherty, Burnside of McDuffie, Key of Jasper, Deal of Bulloch, Branch of Tift, Mitchell of Monroe, Minchew of Atkinson, Hubert and Broome of DeKalb, Welsch of Cobb, Goldberg and Hurst of Coweta, McCamy and Waller of Whitfield, Connell of Lowndes, Ray of Warren, Peck of Dade, Gowen of Glynn, and Etheridge of Fulton:

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JOURNAL OF THE HOUSE,

A bill to be entitled an act to repeal chapter 40-19 of the code of 1933, said chapter relating to the supervisor of purchases; and for other purposes.
Mr. McCracken of Jefferson asked unanimous consent that further consideration of House Bill No. 119 be postponed until Wednesday, February 10, 1943, and the consent was granted.
HB 125. By Messrs. Daves of Dooly, Hatchett of Meriwether, and Weaver of Bibb:
A bill to be entitled an act to amend the state health 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 100, the nays 8.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Hatchett 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. 125.
HB 132. By Messrs. Dorsey of Cobb, Park of Greene, and Pruitt of Lumpkin: A bill to be entitled an act to provide $100.00 for funeral expense for Confederate veterans and their widows; and for other purposes.
Mr. Dorsey of Cobb moved that House Bill No. 132 be tabled and the motion prevailed.
HR 38-133C. By Messrs. Hightower and Swint of Spalding:
A resolution proposing an amendment to article 11, section 2, paragraph of the constitution of Georgia so as to provide for the division of Spalding county into school districts; and for other purposes.
Mr. Culpepper of Fayette moved that further consideration of House Resolution No. 38-133C be postponed until Tuesday, February 9, 1943, and the motion prevailed.
HB 138. By Messrs. Daves of Dooly, Allison of Gwinnett, Rossee of Putnam, Deal of Bulloch, and Sumner of Worth:
A bill to be entitled an act to regulate and license maternity homes and to authorize the state board of health to inspect such homes; and for other purposes.
Mr. Daves of Dooly asked unanimous consent that further consideration of House Bill No. 138 be postponed until Wednesday, February 19, 1943, and the consent was granted.

MONDAY, FEBRUARY 8, 1943

411

Mr. Hooks of Emanuel moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
Leave of absence was granted Mr. Key of Jasper.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

\

412

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.
Tuesday, February 9, 1943.
The House met pursuant to adjournment this day at 10:00 o'clock: a. m., and was called to order by the Speaker and opened with a prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. 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 an order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills. The following resolution of the House was read and referred to the Committee on Rules:
HR 83. A resolution by Messrs. Fortson of Wilkes and Mavity of Walker: Be it resolved by the House that the following bill be and the same is hereby set as a special and continuing order of business at the head of today's calendar, to wit: HB 252. Relating to the assessments of property.
lily unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time, and referred to the committees: HB 338. By Messrs. Sheppard of Heard, Rowland of Johnson, Hicks of Floyd,
Bargeron of Burke, Looper of Dawson, Overby of Stewart, Fussell of Webster, Yawn of Dodge, Jones of Grady, Greene of Jones, Heard of Elbert, Joiner of Cook:, Gillis of Treutlen, Ray of Warren, Anderson of Wayne and Giddens of Calhoun: A bill to be entitled an act to regulate the operation and rates of taxicabs;

TUESDAY, FEBRUARY 9, 1943

413

to give the Georgia public service commission jurisdiction and regulatory powers; and for other purposes.
Referred to Committee on Motor Vehicles.
HB 339. By Messrs. McNall and Alexander of Chatham, Ferguson of Camden, Gowen of Glynn, Sparks of Towns, and Kelly of Thomas:
A bill to be entitled an act to regulate and control the sanitation of oyster beds; to provide for leasing and general control of oyster beds, and regulation of those engaged in the oyster business; and for other purposes.
Referred to Committee on Game and Fish.
HB 340. By Mr. Mixon of Irwin:
A bill to be entitled an act that no court shall discriminate against any person because of illigitimate birth nor against the mother of an illigitimate child in any action for damages; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 341. By Mr. Dunn of Lamar:
A bill to be entitled an act to repeal an act creating a board of commissioners of roads and revenues for Lamar county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 342. By Messrs. Alexander and Grayson of Chatham:
A bill to be entitled an act to provide for the confirmation by the Senate of all appointees of the Governor to all boards, commissions, bureaus and public offices; and for other purposes.
Referred to Committee on State of Republic.
HB 343. By Messrs. Guyton of Effingham, Ogburn of Laurens, Anderson of Wayne, Rowland of Johnson, Hooks of Emanuel and Gillis of Treutlen:
A bill to be entitled an act proposing an amendment to article 3, section 2 of the constitution creating two senatorial districts, the 53rd composed of Berrien, Cook and Atkinson counties, the 54th composed of Emanuel, Tattnall and Candler counties; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HB 344. By Mr. Dorsett of Douglas:
A bill to be entitled an act to create the office of commissioner of roads and revenues of Douglas county; to define his duties and fix his salary; and for other purposes.
Referred to Committee on Counties and County Matters.

414

JOURNAL OF THE HOUSE,

HB 345. By Mr. Johnson of Pike:
A bill to be entided an act to regulate the sale of mules and horses and to require dealers to register with the ordinary; and for other purposes.
Referred to Committee on General Agriculture No. 2.
HB 346. By Messrs. Hatchett of Meriwether, Hill of Troup, Hurst and Goldberg of Coweta, Smith of Carroll and Sheppard of Heard:
A bill to be entided an act to provide additional compensation to the court . reporter of the Coweta judicial circuit; and for other purposes~
Referred to Committee on Special Judiciary.
HB 347. By Messrs. Hatchett of Meriwether, Dalton of Banks, Willoughby of Clinch and Whipple of Bleckley:
A bill to be entided an act to amend section 32-919 of the code of 1933!, relating to transportation of pupils and teachers, to provide the state board of education may set up rules and regulations~ and for other purposes.
Referred to Committee on Education No. 2.
HB 348. By Mr. Strickland of Haralson:
A bill to be entided an act to abolish the office of tax commissioner of Haralson county and create the offices of tax collector and tax receiver; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 349. By Mr. Gaston of Butts:
A bill to be entitled an act to raise the salary of the clerk of the county . commissioners of Butts county to $900.00 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 350. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend the workmens compensation act to increase the compensation for permanent partial injuries; and for other purposes.
Referred to Committee on Industrial Relations.
HB 351. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend the workmens compensation act to increase the compensation for total disability; and for other purposes.
Referred to Committee on Industrial Relations.

TUESDAY, FEBRUARY 9, 1943

415

HB 352. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend the workmens compensation act by increasing compensation to dependents of a deceased employee; and for other purposes.
Referred to Committee on Industrial Relations.

HB 353. By Mr. Thomas of Chattooga:
A bill to be entitled an act to amend section 79-207 of the code of 1933, to allow women to serve on juries in Georgia; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 354. By Mr. Thomas of Chattooga:
A bill to be entitled an act to amend the acts relative to the commissioners of Chattooga county to fix their compensation; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 355. By Mr. Thomas of Chattooga:
A bill to be entitled an act to fix the salary of the judge of the city court of Chattooga county at $1200.00 per annum; and for other purposes.
Referred to Committee on Special Judiciary.
HB 356. By Mr. Thomas of Chattooga:
A bill to be entitled an act to provide for the establishment of a juvenile court in Chattooga county, and provide the judge of the city court shall be judge of the juvenile court; and for other purposes.
Referred to Committee on Special Judiciary.
HB 357. By Mr. Reynolds of Clayton:
A bill to be entitled an act to incorporate the city of Morrow in Clayton county; to provide for the raising of revenue; and for other purposes.
Referred to Committee on Municipal Government.
HB 358. By Messrs. Medders of Bacon, Oliver of Tattnall, Williams of Coffee, Gaskins of Berrien, and Fisher of Jeff Davis:
A bill to be entitled an act to regulate the operation of warehouses conducting auction sales of tobacco; to provide the time for holding auction sales; to fix a maximum charge the warehouseman may charge; and for other purposes.
Referred to Committee on General Agriculture No. 2.

416

JOURNAL OF THE HOUSE,

HB 359. By Messrs. Turner, Hubert and Broome of DeKalb:
A bill to be entitled an act to fix the time for holding county primaries in DeKalb county; and for other purposes.
Referred to Committee on Privileges and Elections.

HB 360. By Messrs. Turner, Hubert and Broome of DeKalb:
A bill to be entitled an act to provide that the county commiSSIOner of DeKalb county shall fix the salary of the tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 361. By Messrs. Turner, Hubert and Broome of DeKalb:
A bill to be entitled an act to create a board of examiners for electricians in DeKalb county, to provide for issuance or renewal of certificates; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 361. By Messrs. Turner, Hubert and Broome of DeKalb:
A bill to be entitled an act to create a board of examiners for electricians in DeKalb county; to provide for issuance or renewal of certificates; and for other purposes.
Referred to Committee on Industrial Relations.
HB 362. By Mr. Herndon of Hart:
A bill to be entitled an act to provide that a guest riding with the owner or operator of a motor vehicle without paying for such transportation shall not have a cause for damages in case of accident or injury; and for other purposes.
Referred to Committee on General judiciary No. 2.
HB 363. By Messrs. Ray of Warren and Mitchell of Monroe:
A bill to be entitled an act to allow fishing with a pole, hook and line with worms at any time in this state; and for other purposes.
Referred to Committee on Game and Fish.
HB 364. By Mr. Peck of Dade:
A bill to be entitled an act to provide additional pay to the sheriff of Dade county for home defense work; and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, FEBRUARY 9, 1943

417

HB 365. By Mr. Campbell of Newton:
A bill to be entitled an act to repeal section 27-2905 and substituting a new section providing that insolvent costs of officers shall be paid out of fines and forfeitures in the county treasury; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 366. By Mr. Easler of Crawford:
A bill to be entitled an act to provide for holding two regular terms of the superior court of Crawford county; to fix the time for holding same; and for other purposes.
Referred to Committee on Special Judiciary.
HB 367. By Messrs. Strickland of Haralson and Hatchett of Meriwether:
A bill to be entitled an act to repeal section 56-224 of the code of 1933 and substitute a new section to require life insurance companies to invest in Georgia securities and Georgia real estate an amount equal to 75 per cent of the aggregate amount of the legal reserve required by law; and for other purposes.
Referred to Committee on Insurance.
HB 368. By Mr. Campbell of Newton:
A bill to be entitled an act to prohibit any life insurance company from defending liability on the ground of misrepresentation by the insured after the expiration of twelve months; and for other purposes.
Referred to Committee on Insurance.
HB 369. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the City of Atlanta and Fulton county to build or otherwise acquire and operate schools on a twenty-four hour basis, to be known as "parental schools," to care for children under certain circumstances; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 370. By Messrs. Kendrick of Fulton, MeNall of Chatham, Holley of Richmond and Weaver of Bibb:
A bill to be entitled an act to amend the unemployment compensation law to provide the Commissioner of Revenue may collect contributions in default; to authorize a credit to each employer for contributions to the Federal treasury; and for other purposes.
Referred to Committee on Industrial Relations.

418

JOURNAL OF THE HOUSE,

HB 371. By Mr. Gholston of Madison:
A bill to be entitled an act to amend the act incorporating the Madison county academy to provide trustees of the Madison county high school shall be elected by a vote of people; and for other purposes.
Referred to Committee on General Education No. 1.

HB 372. By Mr. Johnson of Chattahoochee:
A bill to be entitled an act to amend the acts creating the board of commissioners of roads and revenues of Chattahoochee county to reduce the board from five to three members; and for other purposes.
Referred to Committee on Counties and County Matters.

HR 84-372A. By Messrs. Gowen and Gilbert of Glynn, Ferguson of Camden and

Thurmond of Hall:



A resolution extending fishing and hunting rights to non-resident members of the armed forces stationed in Georgia; and for other purposes.

Referred to Committee on Game and Fish.

HR 85-372B. By Mr. Johnson of Pike:
A resolution providing for the designation of the State of Georgia as the "Peach State," and to place a peach on future license plates manufactured for motor vehicles; and for other purposes.
Referred to Committee on Motor Vehicles.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House, to wit:

HB 44.
HB 56.
HB 90. HB 108. HB 112. HB 262. HB 291.

TUESDAY, FEBRUARY 9, 1943

419

HR 20. HR 33.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Mason of Morgan 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 follo~ing recommendations:
HB 242. Do Pass.
HB 243. Do Pass.
Respectfully submitted,
Mason of Morgan. Chairman.

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
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 withr the following recommendations:
HB 148. Do Pass.
SB 39. Do Pass.
SB 40. Do Pass.
Respectfully submitted,
Mixon of Irwin, Chairman.
Mr. Hicks of Floyd County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

420

JOURNAL OF THE HOUSE,

HB 200. Do Pass by substitute.

HB 283. Do Pass.

HB 205. Do Pass.

HB 206. Do Pass.

HB 240. Do Pass.

HB 275. Do Pass.

HB 336. Do Pass.

HB 254. Do Pass by substitute.

SB 50. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman.

Mr. Daves of Dooly 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 recommendations:

HB 19. Do Pass.

Respectfully submitted,

Daves of Dooly, Chairman.

Mr. Mavity of Walker County, Chairman of the Committee on Penitentiary, submitted the following report:

Mr. Speaker:

Your Committee on Penitentiary have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 217. Do Pass.

Respectfully submitted,
Mavity of Walker, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:

TUESDAY, FEBRUARY 9, 1943

421

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:
HB 281. Do Pass.
SB 55. Do Pass as amended.
Respectfully submitted,
Mims of Miller, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic have had under consideration the fol-
lowing bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 300. Do Not Pass.
SB 26. Do Pass.
SB 27. Do Pass. SB 28. Do Pass.
SB 12. Do Pass as amended. Respectfully submitted,
McCracken of Jefferson, Chairman.

By unanimous consent, the following bills of the House and Senate favorably reported, were read the second time:
HB 19. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend chapter 84-10 relating to the qualifications, examinations and licensing of dental nurses or hygienists; and for other purposes.
HB 148. By Mr. Campbell of Newton:
A bill to be entitled an act to repeal section 26-2402 of the code of 1933 and substitute a new section to provide the death penalty for burglarizing an occupied dwelling; and for other purposes.

422

JOURNAL OF THE HOUSE,

HB 200. By Mr. Whipple of Bleckley:
A bill to be entitled an act to regulate the levy and sales of any execution so as to sell only a sufficiency of the property of the defendant to pay the execution, cost and expenses; and for other purposes.
HB 205. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend section 49-103 (3033) of the code of Georgia of 1933 entitled "testamentary guardian; appointment, bond, and dismissal"; so as to provide that either parent may be appointed; and for other purposes.
HB 206. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend chapter 53-5 of the code of 1933, entitled "Rights and Liabilities of Husband and Wife," by providing the husband shall not be entitled to receive the earnings of his wife; and for other purposes.
HB 217. By Mr. Broome of DeKalb:
A bill to be entitled an act to provide that wardens, superintendents, or officer in charge of any prison or other place of detention shall, as far as possible, segregate first offenders from other prisoners; and for other purposes.
HB 240. By Messrs. Hicks and Littlejohn of Floyd:
A bill to be entitled an act to amend section 24-2728 of the code of 1933, relating to fees of clerks in counties having less than fifty thousand population to make it apply to counties of less than sixty-five thousand; and for other purposes.
HB 242. By Messrs. Bynum of Rabun, Powell of Stephens, Wilbanks of Habersham, and Russell of White:
A bill to be entitled an act to create a state board farm bureau and the means of election of members to establish cooperative relations with any department, bureau or board of the state or federal government relative to marketing farm products; and for other purposes.
HB 243. By Messrs. Yawn of Dodge, Fisher of Jeff Davis, and Williams of Coffee:
A bill to be entitled an act to amend the fertilizer inspection act to provide a penalty of twenty-five per cent of the purchase price where it falls below the plant goods value by ten per cent or more; and for other purposes.
HB 254. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend section 3-704 of the code of 1933, limiting the time in which suits for the recovery of wages, overtime or damages may be filed; and for other purposes.

TUESDAY, FEBRUARY 9, 1943

423

HB 275. By Messrs. Gowen and Gilbert of Glynn:

A bill to be entitled an act to amend an act approved March 1, 1933 (Ga. Laws 1933, pp. 224-225), by providing for the admission to practice law of a resident of non-resident attorney who has been licensed in all the courts of any other state for ten years; and for other purposes.

HB 281. By Messrs. Looper of Dawson, Sparks of Towns and Russell of White:

A bill to be entitled an act to provide a salary for the solicitor general of the northeastern judicial circuit instead of fees; and for other purposes.

HB 283. By Messrs. Turner, Broome, and Hubert of DeKalb:

A bill to be entitled an act to provide garnishment after judgment or pending suit or judgment obtained in a city or county court, the garnishee may be required to answer summons in the superior court of his county if there is no city court therein ; and for other purposes.

H B 336. By Messrs. Ogburn of Laurens and Rowland of Johnson:

A bill to be entitled an act to provide that any one practicing any profession without a license where a licedse is required shall be defined as a public nuisance and shall be abated by the solicitor general by proper action; and for other purposes.

SB 12.

By Senators Arnall of the 36th, rGoss of the 31st, Atkinson of the 1st, Lester of the 18th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Bacon of the 28th, Kennedy of the 2nd, Ingram of the 51st, Foster of the 40th districts:

A bill to be entitled an act to reorganize the state department of law by repealing code sections 14-1607, 14,1608 relating to the department of law, attorney general, assistant attorneys general, employment of counsel; to create a department of law; to provide for an attorney general and assistants; and for other purposes.

SB 26'. By Senator Harrison of the 17th district:

A bill to be entitled an act entitled "Housing Authorities Law," approved March 30, 1937, Georgia Laws 1937, pages 210-230; and for other purposes.

SB 27. By Senator Harrison of the 17th district:
A bill to be entitled an act to aid the prosecution of the war by authorizing housing authorities to develop housing for persons engaged in war industries; and for other purposes.

SB 28. By Senator Harrison of the 17th district:
A bill to be entitled an act to create a state director of housing; and for other purposes.

424

JOURNAL OF THE HOUSE,

SB 39. By Senator Moore of the 32nd district:
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.
SB 40. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend chapter 79, section 501, of the code of 1933, entitled "Change of names; manner; petition" by adding at the end of said section 501 a provision requiring publication in the county official organ; and for other purposes. '
SB 50. By Senators Ennis of the 20th, Terrell of the 19th, and Pittman of the 42nd district:
A bill to be entitled an act to amend and revise the laws relating to costs collected in cases in the supreme court and the court of appeals ; and for other purposes.
SB 55. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend section 24-3104 of the code of Georgia of 1933, relating to compensation of court reporters in criminal cases; and for other purposes.
Mr. Dyal of Appling gave notice that at the proper time he would move that the committee having the following bill of the House in its possession report the same back to the House:
HB 184. By Messrs. Dyal of Appling, Gillis of Treutlen, and Adams of Wheeler:
A bill to be entitled an act to make it unlawful to use force or violence in an attempt to prevent any person from engaging in lawful work; to define the term "labor dispute"; and for other purposes.
The following report of the Committee on Rules were read and adopted:
Mr. Speaker:
Your Committee on Rules has had House Resolution No. 83 under consideration and reports the same back to the House with the recommendation that same do pass.
Fortson of Wilkes, Vice-Chairman.
HR 83. By Messrs. Fortson of Wilkes and Mavity of Walker:
Be it resolved by the House that the following bill be and the same is

TUESDAY, FEBRUARY 9, 1943

425

hereby set as a special and continuing order of business at the head of today's calendar, to wit:
HB 252. Relating to the assessments of property.
By unanimous consent, House Resolution No. 83 was adopted.
Mr. Hatchett of Meriwether moved that the House reconsider its action in failing to pass the following bill of the House:
HB 125. By Messrs. Hatchett of Meriwether, Daves of Dooly, and Weaver of Bibb:
A bill to be entitled an act to amend the state health laws; and for other purposes.
On the motion to reconsider House Bill No. 125, the ayes were 114, the nays 0.
The motion to reconsider House Bill No. 125 prevailed and the bill was placed at the foot of the calendar.
Under the special and continuing order of business established by House Resolution No. 83, the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 252. By Messrs. Hand of Mitchell, Durden of Dougherty, and Caldwell of Troup:
A bill to be entitled an act to amend chapter 92-67 of the code of Georgia of 1933 which relates to assessment of property under certain conditions; and for other purposes.
Mr. Johnson of Pike moved the previous question, the motion prevailed, and
the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Mavity of Walker asked unanimous consent that House Bill No. 252 be ordered immediately transmitted to the Senate and the consent was gran_ted.
The following messages were received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:

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JOURNAL OF THE HOUSE,

HB 31. By Mr. Weaver of Bibb:

A bill to provide how guardians, administrators, trustees and other fiduciaries may sell stocks or bonds which are listed in stock: exchange; and for other purposes.
Mr. Speaker:
The Senate has passed by the requiSite constitutional majority the following bills and resolutions of the Senate and House to wit:

HB 84. By Messrs. Mabry and Jennings of Sumter:

A bill to be entitled an act to repeal an act passed in 1937 found in Georgia

laws of 1937, page 1422, the same being an act "to require candidates in

primary elections for members of the General Assembly to name their

opponents in Sumter county; and for other purposes.

'

HB 92. By Mr. Mcintosh of Mcintosh:
A bill to amend an act approved August 17, 1929, entitled "an act to establish the city court of Darien, in and for the County of Mcintosh; to define its jurisdiction and powers; and for other purposes.

HB 126. By Mr. Dukes of Bryan:
A bill to amend an Act creating and establishing tbe city court of Pembroke in and for the County of Bryan, approved January 10, 1938, and the amendatory acts thereof; and for other purposes.
HB 130. By Messrs. Gowen and Gilbert of Glynn:
A bill to amervJ an act to establish the city court of Brunswick: in and for the County of Glynn, approved December 9, 1895, and to amend an act amendatory thereof; and for other purposes.
HB 134. By Mr. Looper of Dawson:
A bill to abolish the office of tax receiver and the office of tax collector of Dawson county, and to create the office of county tax commissioner of said county; to fix the term of office and to prescribe the duties, powers and liabilities of the county tax commissioner of Dawson county; and for other purposes.
HB 131. By Messrs. Gowen and Gilbert of Glynn:
A bill to further amend the act entitled "an act to create a board of commissioners of roads and revenue for Glynn county; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:

TUESDAY, FEBRUARY 9, 1943

427

HB 192. By Mr. Looper of Dawson:
A bill to create a commissioner of mads and revenue for Dawson county; to provide for the election of the same; to define his powers and duties; and for other purposes.

HB 193. By Mr. Moore of Taliaferro:
A bill to amend an act amending an act to create a board of commissioners of roads, public buildings and public property and finances, for the County of Taliaferro and to employ a clerk for said board; and for other purposes.
HB 199. By Mr. Nicholson of Oconee:
A bill to consolidate the offices and duties of tax collector in the County of Oconee; to create the office of county tax commissioner for said county; and for other purposes.
Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills of the Senate and House to wit:
SB 62. By Senator Millican of the 52nd:
A bill to authorize and make lawful the investment of funds of municipalities, counties, and school districts in war bonds and other valid obligations of the United States; and for other purposes.
SB 64. By Senators Kennedy of the 2nd and Thigpen of the 49th:
A bill to provide that no person shall recover in the courts of this state any damages, compensation, remuneration or relief for or on account of personal injury or property damage inflicted upon such person or while riding as a non-paying invited guest in an automobile; and for other purposes.

SB 70. By Senator Millican of the 52nd:
A bill to amend an act approved March 18, 1937, entitled "Motor Fuel Tax," which act enacted a new chapter in lieu of chapter 92-1403 of the code of 1933 as amended by the act of 1937, so as to provide that the levy of motor fuel tax under said act be considered in fact a levy on the consumers of motor fuels; and for other purposes.

SB 71. By Senator Millican of the 52nd:
A bill to amend act 373 of the acts of 1941 entitled, "An act to provide for a more efficient administration of public welfare laws of this state;" and for other purposes.

428

JOURNAL OF THE HOUSE,

SB 72. By Senator Millican of the 52nd:

A bill to amend act 62 of the acts of 1937 approved February 26, 1936, and

J;

known as the "Welfare Reorganization Act of 1937"; and for other pur-

poses.

SB 85. By Senator Millican of the 52nd:
A bill to amend the uniform narcotic drug act (Georgia Laws, 1935, page 418) to provide certain other persons to whom a duly licensed manufacturer or wholesaler may sell narcotic drugs; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:

SB 99. By Senator Bacon of the 28th:
A bill to amend an act to create a board of commtsswners of roads and revenues in and foJ;" the County of Morgan; and for other purposes.
HB 18. By Messrs. Copland, Smith and Elliott of Muscogee:
A bill to change and fix the salaries of the judge and solicitor of the city court of Columbus, and provide payment of same; and for other purposes.
HB 21. By Mr. Thigpen of Glascock:
A bill to amend section 81-1102 of the official code of 1933 ; by adding thereto the following language: "Provided, however, the provisions of this section shall not apply when there is an official stenographer or reporter of the court in attendance thereon"; and for other purposes.
HB 32. By Mr. Weaver of Bibb:
A bill to be entitled "An act to amend an act of the General Assembly of Georgia, 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 have an interest; and for other purposes.
HB 38. By Mr. Sharpe of Toombs:
A bill providing for four term of superior court, Toombs county; and for other purposes.
HB 45. By Mr. Sharpe of Toombs~
A bill to be entitled an act prohibiting hunting or killing of deer in Toombs county, Georgia; and for other purposes.
HB 61. By Messrs. Smith and Durden of Dougherty:
A bill to require all candidates for the General Assembly of Georgia in

TUESDAY, FEBRUARY 9, 1943

429

counties having a population of twenty-eight thousand five hundred (28,500) to twenty-eight thousand six hundred (28,600) inhabitants, inclusive, according to the United States census of 1940 to designate and qualify for the seats in the General Assembly from all such counties; and for other purposes.
Mr. Mabry of Sumter arose to a point of personal privilege and addressed the House.
At the request of Mr. Mabry of Sumter, the speaker ordered the clerk to read the following paragraph of the constitution:
Article 1, section 2, paragraph 5. Lobbying is declared to he a crime, and the
General Assembly shall enforce this provision by suitable penalties.
The following resolution of the House was read and adopted:
HR 86. By Messrs. McCamy and Waller of Whitfield:
A RESOLUTION
Whereas, there is a distinguished delegation of ladies and gentlemen representing bedspread manufacturers from Dalton, Georgia, Whitfield county, visiting at the capitol today, headed by the mayor of Dalton, the Honorable D. W. Mitchell; and
Whereas, the candlewick and chenille bedspread industry originated in Dalton, and that city has become internationally known as "The Bedspread Center of the World," and
Whereas, this unique industry has grown by leaps and bounds from an estimated annual volume of sales of three million dollars ($3,000,000) in 1932 to more than thirty million dollars ($30,000,000) annually today, becoming an important factor in the consumption of Georgia cotton, and many such factories having converted part of their production into war work, and
Whereas, these Dalton bedspread manufacturers have very generously agreed to present to His Excellency, the Governor of Georgia, a suffcient number of bedspreads to furnish the Governor's Mansion, and
Whereas, this thoughtful gesture on the part of these enterprising citizens of Dalton is appreciated by the members of the House of Representatives.
Therefore be it resolved that the privileges of the floor of the House of Representatives are hereby extended to Mrs. Julian McCamy, Mrs. J. C. Sapp, Mr. and Mrs. John Reid, Messrs. Ernest Acree, Sam Hurowitz, Joe DuBrof, G. H. Rauchenberg, A. B. Tenebaum, Fred Starr, president of the Dalton Chamber of Commerce; George Rice, D. W. Mitchell, mayor of Dalton; John Hackney, Whitfield county commissioner, and Judd Brooker, Whitfield county ordinary, all of whom are members of the delegation from Dalton here today.

430

jOURNAL OF THE HOUSE,

Be it further resolved that the doorkeeper of the House be instructed to escort the delegation of Dalton visitors to the speaker's stand and that the mayor of Dalton be invited to address the House.
The doorkeeper admitted the Dalton delegation and they were escorted to the speaker's stand.
At this time the speaker pro tempore called Representative Waller of Whitfield to the chair to preside.
Representative Waller addressed the House briefly welcoming the Dalton delegation. He then introduced Representative McCamy of Whitfield, who presented the mayor of Dalton, Honorable D. W. Mitchell, to the members of the House.
Mayor Mitchell presented chenille bedspreads, manufactured in Dalton, to the speaker, the speaker pro tempore, the clerk, and the floor leader, stating that these gifts were in recognition of the outstanding work of the officers of the House during the present session.
The speaker, in behalf of the officers of the House, thanked the mayor and the delegation of Dalton bedspread manufacturers for the gifts.
Under the regular order of business the following bills and resolutions of the House were taken up for consideration, read the third time and placed upon their passage:
HB 25. By Mr. Livingston of Polk:
A bill to be entitled an act to create and establish a Board of Naturopathic Examiners; to define and regulate the practice of naturopathy; and for other purposes.
The following committee substitute was read:
A BILL
To be entitled an Act to creat a Board of Naturopathic Examiners and to define and regulate the practice of Naturopathy and to provide penalties for violation of this Act; to provide for the Appointment of Members of said Board; and to fix their terms of office; to define their duties and powers; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby ,enacted by the authority of the same:
Section 1. Thirty days after the passage of this Act and its approval by the Governor, it shall be unlawful for any Person to practice, or to attempt to practice, Naturopathy in the State of Georgia without a license issued by the State Board of Naturopathic Examiners, as herein created and provided for.
Section 2. PRACTICE FOR NATUROPATHY DEFINED. The practice of Naturopathy shall be defined as a science of treating the human body by use of

TUESDAY, FEBRUARY 9, 1943

431

natural methods and shall include the following therapeutic measures: Hydrotherapy, Psychotherapy, Phytotherapy, Mechanotherapy, Phototherapy, Thermotherapy, Electrotherapy, Biochemistry, and embracing such practices as massage, mineral, thermal, electrical and vapor baths, external application and dietetics.

Section 3. EXEMPTIONS. The following persons shall be exempt from the operation of this Act: (a) persons now authorized under the laws of this State to practice medicine or surgery, chiropractic, osteopathy, or chiropody.

Section 4. NATUROPATHIC BOARD ESTABLISHED. A Board is hereby created and established entitled "STATE BOARD OF NATUROPATHIC EXAMINERS". The Governor of Georgia shall, within thirty days after the effective date of this Act, appoint three practicing N aturopaths to constitute this board, such appointment to be made from those of the classification set out in sub-section (b) of Section 7 of this Act. The term of office of one member of said Board shall expire in one year, one in two years and one in three years. Thereafter at the expiration of each members' appointment, the Governor shall appoint hi!\,.successor for a three year term of office. The Governor shall have power to remove from office any member of said Board for cause, but shall immediately appoint his successor for the unexpired term, or shall fill any vacancy that may occur by resignation or removal from the State, or Providential reasons. The Board shall adopt a seal which shall be affixed to all licenses regularly issued by it and shall from time to time adopt rules and regulations as may be deemed necessary to carry into effect the intent and purpose of this Act.
Section 5. EXAMINATIONS. Any person wishing to practice Naturopathy shall make written application to the Board of Naturopathic Examiners fifteen (15) days prior to the date of the examination as provided by the rules and regulations of the Board created and empowered herein. Examinations shall be held semi-annually at the state captiol in Atlanta. Examinations shall be held in the English language, written and/or oral, embracing the following subjects: Anatomy, Physiology, Chemistry, Pathology, Histology, Bacteriology, Massage, Therapeutics, Diagnosis, and Treatment and such allied subjects as shall subsequently be taught by accredited schools of Naturopathy.
Section 6. FEES. There shall be paid to the Joint Secretary of the State Examining Boards for the use of the Board of Naturopathic Examiners by each applicant standing examination twenty-five ($25.00) Dollars which amount shall accompany the application for the examinations. All licensed N aturopaths in this State shall pay the Board of Naturopathic Examiners annually before the 1st day of September in each calendar year Two ($2.00) Dollars renewal license fee, otherwise, a continuance of the practice of Naturopathy shall be punishable as provided for in this Act. Original licenses shall be recorded in the office of the Clerk of the Superior Court in each respective county where persons practice their professions under the provisions of this Act. Such persons shall publicly display in their places of business their original license and annual renewal certificate.

432

JOURNAL OF THE HOUSE,

Section 7. LICENSE PROVIDED FOR THOSE NOW PRACTICING. All persons (a) now authorized under the laws of this State to practice medicine or surgery, chiropractic, osteopathy or chiropody, and who at the time of the passage of this Act have been engaged in the practice of Naturopathy in the State of Georgia for one year or more prior to and next preceding the approval of this Act, all persons (b) having been engaged in the practice of Naturopathy in the State of Georgia one year or more prior to and next preceding the approval of this Act and who are graduates of an accredited Naturopathic School or College, shall file their applications for license to continue the practice of Naturopathy with the Board of Naturopathic Examiners in the Office of the Joint Secretary of the State Examining Board of the State Capital within thirty (30) days after the passage of this Act and approval by the Governor. Applications will be in writing accompanied by documentary evidence satisfactory to the Board of Naturopathic Examiners of above qualifications together with Twenty Five ($25.00) Dollars for the license and the Board of Naturopathic Examiners shall thereupon issue proper licenses to such applicants. All applicants filing applications after the thirty (30) day period required in this Act shill stand exminations for licenses as herein provided.
Section 8. COLLECTION AND DISBURSEMENT OF FEES. All fees received bythe State Board of Naturopathic Examiners shall be paid to the Joint Secretary of the State Examining Board and proper receipt issued for same and credited on the books of said Joint Secretary and remitted monthly to the State Treasury to be held for the use of said Board of Naturopathic Examiners and its pro rata expense of the office of the Joint Secretary.
Section 9. COMPENSATION AND EXPENSE OF BOARD. Each member of said Board shall receive Ten ($10.00) Dollars per day for every day spent in the performance of his duties in connection with this Act and necessary traveling expenses actually incurred.
Section 10. QUALIFICATIONS. A person shall be qualified to practice Naturopathy as herein defined:
(a) Who is of good moral character.
(b) Who is a graduate of high school or has completed an equivalent course of study.
(c) Who has studied Naturopathy, as herein defined, for four (4) years of nine (9) months each in an accredited school of Naturopathy, and is a graduate of such school.
(d) Who has taken and successfully passed the requried examination provided for herein.
Section 11. SCHOOL OF NATUROPATHY TO BE APPROVED. To be approved by the State Board of Naturopathic Examiners, a school of Naturopathy must have as a minimum requirement a resident course of instruction of four (4)

TUESDAY, FEBRUARY 9, 1943

433

years, and to be of at least nine (9) months duration, and its teaching facilities and equipment shall be adequate to give, in the opinion of the Board the required course of study.
Section 12. RECIPROCITY. Upon payment of the required fee an applicant who is registered or licensed practitioner of Naturopathy under the laws of another State or Territory of the United States of America, or of a foreign country (provided applicant speaks the English language), may, without examination, be granted a license of registration by the State Board of Naturopathic Examiners to practice within this State in accordance with this Act, Provided: (a) That the applicant is of good moral character; (b) That the requirements for registration and licensing in the particular state, territory or country were, at the time of the issuance of such certificate or license, substantially equal to the requirements under this Act, and provided that such state, territory or country permit the issuance of licenses to practitioners licensed and qualified under the terms of this Act in the State of Georgia.
Section 13 REVOCATION OF LICENSE. The State Board of Naturopathic Examiners may either refuse to renew or may suspend or revoke any license or registration for any one of the following causes:
(a) Conviction of a felony, as evidenced by proper legal proof.
(b) Gross Malpractice.
(c) Habitual drunkenness and/or habitual addiction to the use of habit forming drugs.
Section 14. PENALTIES. Violations of any of the provisions of this Act shall constitute a misdemeanor, punishable upon conviction, by a fine of not less than Twenty-five ($25.00) Dollars, nor more than Two Hundred ($200.00) Dollars, or impeachment for a term of not exceeding six (6) months, within the discretion of the trial court.
Section 15. OBSERVANCE OF REGULATIONS OF NATUROPATHS. All N aturopaths licensed by this Act shall observe and be subject to all state, county, and municipal regulations in regard to control of contagious and infectious diseases with equal right to use the facilities of the State Board of Health, and to sign health and death certificates, and to any and all other rights pertaining to the public health in the same manner as is required of other practitioners of the healing arts.
Section 16. CONSTITUTIONALITY. Should any section, provision, clause, or any part of this Act, be held to be unconstitutional, or invalid, then the remainder of this Act shall remain of full force, effect and validity.
Section 17. CAPTION. 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.
Section 18. AUTHORITY. This Act shall become effective immediately upon ratification and approval by the Governor.

434

JOURNAL OF THE HOUSE,

Mr. Strickland of Haralson moved the previous question, the motion prevailed, and the main question was ordered.
The following amendments to the substitute to House Bill No. 25 were read
and adopted :
Mr. Livingston of Polk moves to amend the substitute to House Bill No. 25 as
follows: By striking from section 14, line four, the word impeachment and inserting in
lieu thereof the word "imprisonment."
Mr. Smith of Carroll moves to amend the substitute to House Bill No. 25 as
follows: By striking section 15 in its entirety and numbering sections 16, 17 and 18:
15, 16, and 17 of the substitute.
On the adoption of the substitute to House Bill No. 25, Mr. Livingston of Polk moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alwood Battles Barfield Bennett Bentley Boone Bowen Boynton Bridges Burnside Burton Caldwell Campbell of Polk Cates Chance Clark Connell Dallis Dalton Dorsett Dorsey Dunn DuPree Dyal

Easler

Littlejohn

Fortson

Livingston

Fussell

Mabry

Gaston

Mason

Gillis

Maund

Goldberg

Mcintosh

Grayson

Medders

Greene of Schley

Mills

Guerry

Mims

Hagan

Mitchell

Hart of Thomas

Nicholson of Oconee

Hatchett

Nicholson of Richmond

Herndon

Norman

Hicks

Odom

Hightower

Padgett

Hill of Clarke

Pannell

Hogg

Park

Holley

Parker

Hurst

Peck

Jennings of Sumter

Pettit

Jennings of Terrell

Phillips

Johns

Pirkle

Johnson of Chattahoochee Porter

Johnson of Pike

Price

Kelly of Thomas

Pruitt

TUESDAY, FEBRUARY 9, 1943

435

Reid Reynolds Riddlespurger Riley Roughton Rowland Russell Sheppard

Sills Smith of Carroll Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Swint

Those voting in the negative were:

Alexander Bargeron Brunson Campbell of Newton Cannon Cowart Crummey Daves Deal Etheridge Ferguson Fisher Gardner Gaskins Gholston Gilbert

Graham Guyton Hardy Hartness Heard Hill of Troup Hubert Joiner Johnston Jones Kendrick Malone Mankin McCamy Minchew Moate

Those not voting were :

Allison Anderson Baker Bates Branch Brewton Broome Bynum Cheshire Copland Culpepper Curry Drake Dukes Durden Edwards Elliott

Ennis Foster Gavin Giddens Gowen Gray Greene of Jones Hand Harden Hart of Quitman Hefner Hooks Horne Howard Kelly of Walker Key Knabb

Waller Weaver Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris Wilson Yawn
Moore of Baldwin Moore of Taliaferro Ogburn Overby Ray Roper Rossee Sumner Thomas Thrash Warnock Wells of Ben Hill Whipple Williams of Gwinnett Woodruff
Looper Martin Mavity McCracken McEntire McNall Miller Mixon Oliver Powell Rees Rountree Salter Sharpe Smiley Smith of Dougherty Thigpen

436

JOURNAL OF THE HOUSE,

Thompson Thurmond Turner

Welsch Wells of Telfair Willoughby

Wright Mr. Speaker

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

On the adoption of the substitute, as amended, the ayes were 99, the nays 47.

The substitute, as amended, having received the necessary majority of all the votes cast 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. Sumner of Worth

moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Alwood Baker Battles Barfield Bennett Bentley Boone Boynton Bridges Burnside Burton Caldwell Campbell of Polk Cates Chance Clark Connell Dallis Dalton Dorsett Dorsey Dunn Dyal Easler Elliott Fortson Fussell

Gaston

Mason

Giddens

Maund

Gillis

McEntire

Goldberg

Medders

Gowen

Mcintosh

Guerry

Mills

Hagan

Mims

Hart of Thomas

Mitchell

Hatchett

Nicholson of Oconee

Herndon

Nicholson of Richmond

Hicks

Norman

Hightower

Odom

Hill of Clarke

Padgett

Hogg

Pannell

Holley

Park

Hooks

Parker

Hurst

Peck

Jennings of Sumter

Pettit

Jennings of Terrell

Phillips

Johns

Pirkle

Johnson of Chattahoochee Porter

Johnson of Pike

Price

Kelly of Thomas

Pruitt

Kelly of Walker

Reid

Littlejohn

Reynolds

. Livingston

Riley

Looper

Roughton

Mabry

Rowland

TUESDAY, FEBRUARY 9, 1943

437

Russell Sheppard Sills Smith of Carroll Smith of Oglethorpe

Smith of Washington Sparks Swint Waller Weaver

Those voting in the negative were:

Alexander Bargeron Bowen Brunson Campbell of Newton Cannon Cowart Curry Daves Deal Dukes DuPree Etheridge Ferguson Fisher Gardner Gaskins Gholston Gilbert Graham

Greene of Schley Guyton Hardy Hartness Heard Hefner Hill of Troup Hubert
Joiner Jones Kendrick Malone Mankin McCamy Minchew Mixon Moate Moore of Baldwin Ogburn

Those not voting were :

Allison Anderson Bates Branch Brewton Broome Bynum Cheshire Copland Crummey Culpepper Drake Durden Edwards Ennis Foster Gavin

Gray Grayson Greene of Jones Hand Harden Hart of Quitman Horne Howard Hubert Joiner Johnston Jones Kendrick Key Knabb Martin Mavity

Wilbanks of Cherokee Williams of Coffee Williams of Harris Wilson Yawn
Oliver Overby Ray Rid'dlespurger Roper Rossee Salter Smiley Smith of Dougherty Smith of Muscogee Sumner Thigpen Thrash Wells of Ben Hill Whipple Wilbanks of Habersham Williams of Gwinnett Willoughby Woodruff
McCracken Miller Moore of Taliaferro Powell Rees Rountree Sharpe Thomas Thompson Thurmond Turner Warnock Welsch Wells of Telfair Wright Mr. Speaker

438

JOURNAL OF THE HOUSE,

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, by substitute as amend, the ayes were 100, the nays
58.
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 HB 25.
The following resolution of the House was read and adopted:
HR 87. By Messrs. Mims of Miller, Drake of Seminole, Riddlespurger of Colquitt, Gillis of Treutlen, and Burton of Lee. A resolution memoralizing the national congress, urging the passage of the Pace Parity bill; and for other purposes.
Mr. Thurmond of Hall asked unanimous consent to introduce a bill at this time and the consent was granted.
The following bill of the House was submitted by Mr. Thurmond of Hall, read the first time and referred to the committee: HB 373. By Messrs. Thurmond of Hall, Ferguson of Camden, Price of Clarke,
Heard of Elbert and Yawn of Dodge:
A bill to be entitled an aCt to create a Georgia state guard; to provide for training, discipline, pay and discharge; to provide for group life, accident and hospitalization insurance; and for other purposes.
Referred to Committee on Military Affairs.
Mr. Smith of Washington asked unanimous consent to introduce a bill at this time and the consent was granted.
The following bill of the House was submitted by Mr. Smith of Washington, read the first time and referred to the committee:
HB 374. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to fix the pay of the county commissioners of Washington county at $600.00 per annum; and for other purposes. Referred to Committee on Counties and County Matters. Under the regular order of business the following bill of the House was taken
up for consideration, read the third time and placed upon its passage: HB 89. By Messrs. Weaver of Bibb, Culpeppe.r of Fayette, and Gowen of Glynn:
A bill to be entitled an act to amend the act limiting the time that evidences

TUESDAY, FEBRUARY 9, 1943

439

of indebtedness were of force and effect by excluding instruments owned by railroads; and for other purposes.
The following amendment was read and adopted :
The Committee of the House on General Judiciary No. 1 moves to amend HB 89 as follows:
By adding the words "and for other purposes" immediately after the caption.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Fortson of Wilkes moved that the House do now adjourn until tomorrow morning at 10:00 o'clock: and the motin prevailed.
Leave of absence was granted Mr. Gaston of Butts.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock:.

440

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, February 10, 1943.
The House met pursuant to adjournment this day at 10:00 a. m., was called to order by the speaker and opened with a prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with. Mr. 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: l. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.

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

HR 88. By Mr. Durden of Dougherty: Be it resolved by the House that the following bills be set as a special and con-
tinuing order of business at the head of the calendar of business for today's session, to wit:
l. HB 125. Relating to the public health laws.
2. HB 177. Providing fees for sheriffs.
The following message was received from the Senate through Mr. Nevin, 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:

WEDNESDAY, FEBRUARY 10, 1943

441

SB 34. By Senator Kennon of the 6th:
A bill proposing to the qualified voters of Georgia an amendment to article III, section II, paragraph I, of the Constitution of Georgia by increasing the number of Senators to fifty-three and the number of senatorial districts to fifty-three; and for other purposes.
SB 86. By Senator Ennis of the 20th:
A bill to amend an act approved March 3, 1937, so as to grant the trial judge jurisdiction to commit convicts between 16 and 18 years to Georgia State Training School for Boys; and for other purposes.
SB 92. By Senator Raynor of the 4th:
A bill to amend chapter 92-11, of the code of Georgia 1933, as amended (Ga. laws 1935, pages 11-72) by striking therefrom section 92-1104, (Ga. laws 1935, page 54, paragraph 101); and for other purposes.
SB 94. By Senators Ingram of the 51st and Dean of the 34th:
A bill to amend chapter 84-8 of the code of Georgia of 1933 entitled "Embalmers", creating the Georgia state board of embalmers, defining their duties; and for other purposes.
SR 32. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th and others:
A resolution proposing to the people of Georgia that paragraph 3 of section 4 of article 3 (section 2-1503 of the code of Georgia) of the constitution be amended by striking and repealing said paragraph and inserting in lieu thereof a new paragraph to provide that the General Assembly shall meet on the second Monday in January 1945, and biennially thereafter; and for other purposes.
SR 31. By Senator Lovett of the 16th and others:
A resolution proposing to the people of Georgia that paragraph 1, of section 9 of article 3 (section 2-2001 of the code of Georgia} of the constitution be amended, and providing that members of the General Assembly shall receive $600.00 as full compensation; and for other purposes.
SR 40. By Senator Lovett of the 16th:
A resolution to authorize the furnishing to the clerk of Laurens superior court for the use of its library in said court room, without cost to Laurens county, the herein mentioned volumes of said Georgia reports and court of appeals reports.
HB 43. By Mr. Elliott of Muscogee:
A bill to be entitled an act to declare certain days as public and legal holidays; to declare certain days as religious holidays; and for other purposes.

442

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time and referred to committees:
HB 375. By Mr. Fussell of Webster:
A bill to be entitled an act to fix the salary of the commissioner of roads and revenues of Webster county at $1,800.00 per annum; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 376. By Mr. Fussell of Webster:
A bill to be entitled an act to fix the salary of the tax comm,issioner of Webster county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 377. By Messrs. Mixon of Irwin and Nicholson of Richmond:
A bill to be entitled an act to repeal section 105-1309 and substitute a new section to provide in cases of homicide the executor or administrator may sue and recover for the full value of decedent's life; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 378. By Messrs. Oliver of Tattnall, Smiley of Liberty and Dukes of Bryan:
A bill to be entitled an act to provide the State of Georgia shallpay court cost in habeas corpus cases brought by convicts in the state prison ; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 379. By Messrs. Park of Greene and Culpepper of Fayette:
A bill to be entitled an act to amend the appropriation act for six months ending June 30, 1943, approved January 21, 1943, to increase the appropriation for confederate pensions from $270,000.00 to $382,000.00, and for each year thereafter be raised from $40,000.00 to $855,000.00; and for other purposes.
Referred to Committee on Appropriations.
HB 380. By Mr. Boynton of Union:
A bill to be entitled an act to provide an additional salary for the county school superintendent of Union county; and for other purposes.
Referred to Committee on Education No. 2.
HB 381. By Messrs. Boynton of Union, Strickland of Haralson and Smith of Muscogee:

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443

A bill to be entitled an act to provide each county school superintendent shall receive $50.00 a month from the county in addition to their present salary; and for other purposes.
Referred to Committee on Education No. 2.
H B 382. By Messrs. Bates and Bennett of Ware:
A bill to be entitled an act to appropriate $97.00 to pay Mrs. W. G. Corbett for damages to her automobile by bullets and shots fired by officers apprehending an escaped convict; and for other purposes.
Referred to Committee on Special Appropriations.
HB 383. By Mr. Riley of Peach:
A bill to be entitled an act to provide three regular terms of Peach county superior court, and fix the date of same; and for other purposes.
Referred to Committee on Special Judiciary.
HB 384. By Messrs. Goldberg and Hurst of Coweta:
A bill to be entitled an act to provide that insurance companies may be joined as parties defendant in cases where coverage is afforded a private carrier or automobile owner; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 385. By Messrs. Elliott, Smith, and Copland of Muscogee:
A bill" to be entitled an act to provide how members of county boards of education shall be selected in counties containing less than five militia districts; and for other purposes.
Referred to Committee on Education No. 1.
HB 386. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to authorize the commtsswner of roads and revenues of Cobb county to sell or lease the county farm, and for other purposes.
Referred to Committee on Counties and County Matters.
HB 387. By Messrs. Allison and Williams of Gwinnett, Moore of Baldwin, Price of Clarke, Brunson of Bulloch, Gardner of Mitchell, Caldwell of Troup and Fortson of Wilkes:
A bill to be entitled an act to abolish the state library commission and transfer its functions and services to the state board of education; and for other purposes.
Referred to Committee on Public Library.

444

JOURNAL OF THE HOUSE,

HB 388. By Messrs. Dorsey and Welsch of Cobb:

A bill to be entitled an act to amend the intangibles classification act to provide independent school districts located in municipalities shall share in the taxes derived therefrom; and for other purposes.

Referred to Committee on Ways and Means.

HB 389. By M~ssrs. Grayson and Alexander of Chatham, Allison of Gwinnett and Gilbert of Glynn :
A bill to be entitled an act to provide that no judicial officer shall be disqualified from presiding in any proceedings because of being a policy holder in any mutual insurance company; and for other purposes.

Referred to Committee on General Judiciary No. 2.

HB 390. By Mr. Daves of Dooly:
A bill to be entitled an act to fix the salary of the commissioners of roads and revenues of Dooly county at $400.00 per annum each; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 391. By Messrs. Weaver of Bibb, Connell of Lowndes and Dorsey of Cobb:

A bill to be entitled an act to authorize administrators ,executors or other trustees to convey rights of way and easements to the United States, the State of Georgia, or any sub-division or department thereof, or to any person, firm or corporation having the rgiht of eminent domain; and for other purposes.

Referred to Committee on General Judiciary No.2.

Mr. Foster of Paulding County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:

Mr. Speaker:

Your Committee on Amendments to Consttiution No. 1, have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 15-16D. Do Pass

HR 44-198B. Do Pass by substitute

HR 68-274A. Do Pass

Respectfully submitted,

Foster of Paulding, Chairman.

WEDNESDAY, FEBRUARY 10, 1943

445

Mr. Sills of Candler 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:

HB 334. Do Pass

HB 264. Do Pass

HB 270. Do Pass

HB 272. Do Pass

HB 273. Do Pass

HB 287. Do Pass

HB 314. Do Pass

HB 316. Do Pass

HB 274. Do Pass

HB 303. Do Pass

HB 301. Do Pass

HB 299. Do Pass

HB 295. Do Pass

HB 279. Do Pass

HB 298. Do Pass

HB 289. Do Pass

HB 308. Do Pass

HB 328. Do Pass

HB 324. Do Pass

HB 326. Do Pass

HB 306. Do Pass

HB 348. Do Pass HB 372. Do Pass

Respectfully submitted,

Sills of Candler, Chairman.

446

JOURNAL OF THE HOUSE,

Mr. Sills of Candler 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:

HB 374. Do Pass

HB 341. Do Pass

HB 344. Do Pass

HB 354. Do Pass

HB 360. Do Pass

HB 349. Do Pass

HB 364. Do Pass

HB 369. Do Pass

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bill and resolution of the House to wit:

HB 89

HR 89

Respectfully submitted,

Branch of Tift, Chairman.

Mr. MeN all of Chatham 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 ~ith the following recommendations:
HB 339. Do Pass

WEDNESDAY, FEBRUARY 10, 1943

447

HB 319. Oo Not Pass

HB 337. Do Pass

HB 296. Do Pass

Respectfully submitted, MeNall of Chatham, Chairman.

Mr. Daves of Dooly County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:.

Your Committee on Hygiene and Sanitation have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 43. Do Pass

HB 136. Do Pass

HB 135. Do Not Pass Respectfully submitted,

Daves of Dooly, Chairman.

Mr. Phillips of Columbia County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 307. Do Pass
HB 49. Do Pass by substitute Respectfully submitted,
Phillips of Columbia, Chairman.

Mr. Thurmond of Hall 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

448

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 recommendations:

HB 373. Do Pass

Respectfully submitted, Thurmond of Hall, Chairman.

Mr. Adams of Wheeler 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 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:

HB 50. Do Not Pass

HB 219. Do Not Pass

HB 77-306C. Do Not Pass

HR 338. Do Pass

SR 33. Do Pass

Respectfully submitted, Adams of Wheeler, Chairman.

Mr. Allison of Gwinnett 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:

HB 305. Do Pass

HB 315. Do Pass

HB 304. Do Pass

HB 290. Do Pass

HB 321. Do Pass

SB 58. Do Pass

Respectfully submitted, Allison of Gwinnett, Chairman.

WEDNESDAY, FEBRUARY 10, 1943

449

Mr. Thigpen of Glascock County, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. Speaker:

Your Committee on Privileges and Elections have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 42. Do Pass

HB 278. Do Pass

HB 309. Do Pass

HB 332. Do Pass

HB 359. Do Pass

Respectfully submitted,
Thigpen of Glascock, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 68. Do Pass

Respectfully submitted,

Mims of Miller, Chairman.

Mr. Burnside of McDuffie 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:
SB 44. Do Not Pass
HB 233. Do Pass by substitute
HB 190. Do Not Pass
HB 286. Do Pass

450

JOURNAL OF THE HOUSE,

HB 238. Do Pass

Respectfully submitted,
Burnside of McDuffie, Chairman.

By unanimous consent, the following bills and resolutions, of the House and Senate favorably reported, were read the second time:
HB 49. By Mr. Park of Greene:
A bill to be entitled an act to stop any life insurance company from contesting liability on any life insurance policy on the ground of misrepresentation by the insured or the beneficiary after the policy has been in force during the lifetime of the insured for a period of two years; and for other purposes.
HB 136. By Mr. Looper of Dawson:
A bill to be entitled an act to require every physician or other persons permitted by law to attend pregnant women to take a specimen of blood for laboratory test; and for other purposes.
HB 233. By Messrs. Smith of Dougherty, Odom of Baker and Bargeron of Burke: Burke:
A bill to be entitled an act to amend an act providing for inspection, analysis, and test of gasoline, kerosene, and other petroleum products so as to provide for the definition and minimum specifications for tractor fuels; and for other purposes.
HB 238. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to provide that income tax returns made to the state need not be verified before filing; to provide all penalties heretofore provided for the filing of false or fraudulent verified return shall relate to unverified returns; and for other purposes.

HB 264. By Mr. Looper of Dawson:
A bill to be entitled an act to abolish the board of commissioners of roads and revenues of Dawson county;. and for other purposes.

HB 270. By Messrs. Battles and Mills of Decatur:
A bill to be entitled an act to grant the comm1ss1oner of roads and revenues of Decatur county to provide air-space safety zones adjacent to airports; to prohibit the erection of any structures within certain distances of airports; and for other purposes.

WEDNESDAY, FEBRUARY 10, 1943

451

HB 272. By Mr. Greene of Schley:
A bill to be entitled an act to abolish the offices of tax receiver and tax collector of Schley county and create the office of tax commissioner; and for other purposes.
HB 273. By Mr. Clarke of Catoosa:
A bill to be entitled an act to abolish the board of commissioners of roads and revenues of Catoosa county and prO'Vide for a county commissioner; to provide for a referendum; and for other purposes.
HB 274. By Mr. Clarke of Catoosa:
A bill to be entitled an act to create the office of commissioner of roads and revenues of Catoosa county, to define his duties and qualifications; and for other purposes.
HB 278. By Messrs. Reynolds of Clayton, Harris of Richmond, Whipple of Bleckley, Durden of Dougherty and Gilbert of Glynn:
A bill to be entitled an act to repeal section 34-1302 of the code of 1933; to repeal an act of 1941 (Ga. laws, 1941, pp. 321-323) ; to fix the time for holding general election as Tuesday after the first Monday in November from 7 :00 a. m. to 6:00 p. m., eastern standard time ; to fix the time for primary elections; and for other purposes.
HB 279. By Mr. Boone of Wilkinson:
A bill to be entitled an act to amend the act creaitng the board of commissioners of Wilkinson county to provide a salary for the commissioners; and for other purposes.
H B 286. By Messrs. Harden of Turner and Harris of Richmond:
A bill to be entitled an act to amend an act approved March 15, _1935, providing for license to disabled veterans so as to include veterans of the present war; and for other purposes.
HB 287. By Messrs. Hatchett and Thompson of Meriwether:
A bill to be entitled an act to fix the salary of the treasurer of Meriwether county at $85.00 per month; and for other purposes.
HB 289. By Mr. Smiley of Liberty:
A bill to be entitled an act to provide a salary for the commissioners of roads and revenues for Liberty county; and for other purposes.
HB 290. By Mr. Gaston of Butts:
A bill to be entitled an act to aniend the charter of the Town of Peppetton to extend the city limits; and for other purposes.

452

JOURNAL OF THE HOUSE,

HB 295. By Mr. Pannell of Murray:
A bill to be entitled an act to provide the commissioners of roads and revenues of Murray county may work streets and roads in incorporated towns; and for other purposes:
HB 2%. By Messrs. Weaver of Bibb and Key of Jasper:
A bill to be entitled an act to make it unlawful to kill, injure, or detain any racing, homing or carrier"pigeon; and for other purposes.
HB 298. By Mr. Hefner of Pickens:
A bill to be entitled an act to abolish the offices of tax receiver and tax collector of Pickens county and to create the office of tax commissioner; and for other purposes.
HB 299. By Mr. Mcintosh of Mcintosh:
A bill to be entitled an act to change the method of paying the tax commissioner of Mcintosh county; and for other purposes.
HB 301. By Mr. Pruitt of Lumpkin:
A bill to be entitled an act to amend the several acts relating to the board of commissioners of roads and revenues of Lumpkin county; and for other purposes.
HB 303. By Mr. Gholston of Madison:
A bill to be entitled an act to repeal the acts incorporating the Madison county academy and to establish the Madison county high school; and for other purposes.
HB 304. By Mr. Gholston of Madison:
A bill to be entitled an act to amend the charter of the City of Danielsville to give the mayor and council authority to regulate the use of the streets for business purposes ; and for other purposes.
HB 305. By Mr. Dunn of Lamar:
A bill to be entitled an act to amend the charter of the City of Barnesville to create a city council of four members; to provide their term of office; and for other purposes.
HB 306. By Mr. Dunn of Lamar:
A bill to be entitled an act creating a board of commissioners of roads and revenues for Lamar county; and for other purposes.
HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Gowen of Glynn, Allison of Gwinnett and Philips of Columbia:

WEDNESDAY, FEBRUARY 10, 1943

453

A bill to be entitled an act to supersede the title insurance act of 1939, (Ga. laws, 1939, p. 376); to regulate and license title insurance companies; and for other purposes.
HB 308. By Mr. Pirlcle of Forsyth:
A bill to be entitled an act to authorize the board of tax assessors of Forsyth county to use freeholders in an advisory capacity; and for other purposes.
HB 309. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to require the board of registrars of Forsyth county to purge the voters list six months before each general election; and for other purposes.
HB 314. By Mr. Medders of Bacon:
A bill to be entitled an act to require all county officers of Bacon county, except county surveyor and coroner, to execute a bond; and for other purposes.
HB 315. By Mr. Medders of Bacon:
A bill to be entitled an act to amend the charter of the City of Alma to extend the corporate limits; and for other purposes.
HB 316. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to provide a salary in addition to certain fees for the tax commissioner of Bulloch county; and for other purposes.
HB 321. By Mr. Woodruff of Barrow:
A bill to be entitl;d an act to provide a salary .for the chairman of the board of commissioners of Barrow county; and for other purposes.
HB 324. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to fix the salary of the jailer of Carroll county; to fix the fees for the feeding of prisoners confined in the jail; and for other purposes.
HB 326. By Mr. Easler of Crawford:
A bill to be entitled an act to amend the laws creating the board of commissioners of roads and revenues of Crawford county, to divide the county into districts for the election of a commissioner from each district; and for other purposes.
HB 328. By Mr. Thigpen of Glascock: A bill to be entitled an act to repeal all laws creating a board of commissioners of roads and revenues of Glascock county; and for other purposes.

454

JOURNAL OF THE HOUSE,

HB 332. By Mr. Cannon of Rockdale:
A bill to be entitled an act to prohibit the solicitation of votes or handing out of literature at the polls in Rockdale county at any election; and for other purposes.
HB 334. By Mr. Daves of Dooly:
A bill to be entitled an act to amend the acts creating a board of commissioners for Dooly county to provide for redistricting the county; and for other purposes.
HB 337. By Messrs. McCracken of Jefferson, Phillips of Columbia and McNall of Chatham:
A bill to be entitled an act to provide that hunting and fishing licenses shall be issued and sold by the state revenue commission or his designated agent or agents; and for other purposes.
HB 338. By Messrs. Sheppard of Heard, Rowland of Johnson, Hicks of Floyd, Bargeron of Burke, Looper of Dawson, Overby of Stewart, Fussell of Webster, Yawn of Dodge, Jones of Grady, Greene of Jones, Heard of Elbert, Joiner of Cook, Gillis of Treutlen, Ray of Warren, Anderson of Wayne and Giddens of Calhoun:
A bill to be entitled an act to regulate the operation and rates of taxicabs; to give the Georgia public service commission jurisdiction and regulatory powers; and for other purposes.
HB 339. By Messrs. McNall and Alexander of Chatham, Ferguson of Camden, Gowen of Glynn, Sparks of Towns, and Kelly of Thomas:
A bill to be entitled an act to regulate and control the sanitation of oyster beds; to provide for leasing and general control of oyster beds; and regulation of those engaged in the oyster business; and for other purposes.
HB 341. By Mr. Dunn of Lamar:
A bill to be entitled an act to repeal an act creating a board of commissioners of roads and revenues for Lamar county; and for other purposes.
HB 344. By Mr. Dorsett of Douglas:
A bill to be entitled an act to create the office of commissioner of roads and revenues of Douglas county; to define his duties and fix his salary; and for other purposes.
HB 348. By Mr. Strickland of Haralson:
A bill to be entitled an act to abolish the office of tax commissioner of Haralson county and create the offices of tax collector and tax receiver; and for other purposes.

WEDNESDAY, FEBRUARY 10, 1943

455

HB 349. By Mr. Gaston of Butts:
A bill to be entitled an act to raise the salary of the clerk of the county commissioners of Butts county to $900.00 per annum; and for other purposes.
HB 354. By Mr. Thomas of Chattooga:
A bill to be entitled an act to amend the acts relative to the commissioners of Chattooga county to fix their compensation; and for other purposes.
HB 359. By Messrs. Turner, Broome and Hubert of DeKalb:
A bill to be entitled an act to fix the time for holding county primaries in DeKalb county; and for other purposes.
HB 360. By Messrs. Turner, Broome and Hubert of DeKalb:
A bill to be entitled an act to provide that the county comm1ss1oner of DeKalb county shall fix the salary of the tax commissioner; and for other purposes.
HB 364. By Mr. Peck of Dade:
A bill to be entitled an act to provide additional pay to the sheriff of Dade county for home defense work; and for other purposes.
HB 369. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize the City of Atlanta and Fulton county to build or other wise acquire and operate schools on a twenty-four hour basis, to be known as "Parental Schools", to care for children under certain circumstances; and for other purposes.
HB 372. By Mr. Johnson of Chattahoochee:
A bill to be entitled an act creating the board of commissioners of roads and revenues of Chattahoochee county to reduce the board from five to three members; and for other purposes.
HB 373. By Messrs. Thurmond of Hall, Ferguson of Camden, Price of Clarke, Heard of Elbert and Yawn of Dodge:
A bill to be entitled an act to create a Georgia state guard; to provide for training, discipline, pay and discharge; to provide for group life, accident and hospitalization insurance; and for other purposes.
HB 374. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to fix the pay of the county commissioners of Washington county at $600.00 per annum; and for other purposes.

456

JOURNAL OF THE HOUSE,

HR 15-16D. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of Jefferson, Grayson of Chatham:
A resolution proposing to the voters of the State of Georgia an amendment to paragraph 2, of section 1 of article 2 of the constitution relating to the qualifications of electors in this state by providing the age and qualifications of electors ; and for other purposes.
HR 44-198B. By Messrs. Foster of Paulding, Welsch of Cobb, Fortson of Wilkes, Gilbert of Glynn, McCamy of Whitfield, and Gillis of Treutlen:
A resolution proposing an amendment to article 13, section l, paragraph l, of the Constitution of Georgia providing for the publication of brief summaries of proposed amendments to the constitution instead of complete texts; and for other purposes.
HR 56-237A. By Smith of Dougherty:
A resolution providing payment to the heirs of Charles W. Crankshaw for purchase price of silver bought for the Battleship Georgia, and now used in the Governor's mansion; and for other purposes.
HR 68-274A. By Messrs. Durden of Dougherty, Culpepper of Fayette and Harris of Richmond:
A resolution proposing an amendment to article 7, section 7, paragraph l, of the constitution to provide that revenue anticipation obligations shall not be deemed debts of or to create debts against the political sub-division issuing same; and for other purposes.
SB 42. By Senator Martin of the 13th district:
A bill to be entitled an act to amend the charter of the City of Oglethorpe to prescribe by ordinance the manner in which voters may register; and for other purposes.
SB 43. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize superior courts of the state to hear and determine time and place of birth of persons; and for other purposes.
SB 58. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to amend an act approved August 3, 1927, entitled "An act to re-enact the charter of the City of Macon," and for other purposes.
SB 68. By Senator Kimbrough of the 25th district:
A bill to be entitled an act to change the time of holding superior court of Talbot county; and for other purposes.

WEDNESDAY, FEBRUARY 10, 1943

457

SR 33. By Senator Griner of the 45th district:
A resolution to authorize the director of the motor vehicle division of the state revenue department to provide for the issuance of metal date strips for motor vehicle license tags instead of the two metal number plates as required by law; and for other purposes.
By unanimous consent, the following bill and resolutions of the Senate, were read the first time, and referred to the committees:
SR 31. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, Whitworth of the 38th, Hall of the 50th, Stark of the 33rd, Martin of the 13th, Bloodworth of the 23rd, Raynor of the 4th, Bloodworth o fthe 22nd, Ennis of the 20th, Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th, and Kaigler of the 12th districts:
A resolution proposing an amendment to article 3, section 9, paragraph I, of the constitution to provide that members shall receive $600.00 as full compensation for a legislative session; and for other purposes.
Referred to Committee on Amendments to Constitution No. I.
SR 32. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, Whitworth of the 38th, Hall of the 50th, Stark of the 33rd, Martin of the 13th, Bloodworth of the 23rd, Raynor of the 4th, Bloodworth of the 22nd, Ennis of the 20th, Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th, and Kaigler of the 12th districts:
A resolution proposing an amendment to article 3, section 4, paragraph 3, of the constitution to provide that the General Assembly shall convene on the second Monday in January 1945, and biennially thereafter on the same date for a sixty day session; to abolish the ten day session; and for other purposes.
Referred to Committee on Amendments to Constitution No. I.
SB 34. By Senator Kennon of the 6th district:
A bill to be entitled an act proposing to the qualified voters of Georgia an amendment to article 3, section 2, paragraph I, of the Constitution of Georgia, by increasing the number of senators to fifty-three and the number of Senatorial districts to fifty-three, and by amending article 3, section 2, paragraph 2 of the Constitution of Georgia, by adding a new senatorial district, to be known as the fifty-third senatorial district, which shall be composed of the counties of Lowndes and Echols; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
SB 62. By Senator Millican of the 52nd districts:
A bill to he entitled an act to authorize and make lawful the investment of funds of municipalities, counties, and school districts in war bonds and

458

JOURNAL OF THE HOUSE,

other valid obligations of the United States; and for other purposes.
Referred to Committee on General Judiciary No.2.
SB 64. By Senators Kennedy of the 2nd, and Thigpen of the 49th districts:
A bill to be entitled an act to provide that no person shall recover in the courts of this state any damages, compensation, remuneration or relief for or on account of personal injury or property damage inflicted upon such person while riding as a non-payment invited guest in an automobile, and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 70. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act approved March 18, 1937 (Georgia laws 1937, page 167) entitled "Motor fuel tax law" which act enacted a new chapter in lieu of chapter 92-14 of the code of 1933, by amending section 92-1403 of the code of 1933, as amended by the act of 1937, so as to provide that the levy of motor fuel under said act be considered in fact a levy on the consumers of motor fuels; and for other purposes.
Referred to Committee on Ways and Means.
SB 71. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the acts of 1941 entitled, "An act to provide for a more efficient administration of the public welfare laws of this state; and for other purposes.
Referred to Committee on Public Welfare:
SB 72. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend act 62 of the acts of 1937 approved February 26, 1936, and known as the "Welfare reorganization act of 1937'', and for other purposes.
Referred to Committee on Public Welfare.
SB 85. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the uniform narcotic drug act (Ga. laws, 1935, page 418) to provide certain other persons to whom a duly licensed manufacturer or wholesaler may sell narcotic drugs; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

WEDNESDAY, FEBRUARY 10, 1943

459

SB 86. By Senator Ennis of the 20th district:
A bill to be entitled an act to amend an act approved March 3, 1937 {Ga. laws 1937, p. 758) so as to grant the trial judge jurisdiction to commit convicts between 16 and 18 years to Georgia state training school for boys; and for other purposes.
Referred to Committee on Public Welfare.

SB 92. By Senator Raynor of the 4th district:
A bill to be entitled an act to amend chapter 92-ll, of the code of Georgia 1933, as amended {Georgia laws 1935, pages ll-72) by striking therefrom section 92-ll04, {Ga. laws 1935, page 54, paragraph 101), relating. to license tax for sale of gasoline from wagon or truck; and for other purposes.
Referred to Committee on Motor Vehicles.

SB 94.

By Senators Ingram of the 51st, and Dean of the 34th districts: A bill to be entitled an act to amend chapter 84-8 of the code of Georgia of 1933 entitled "embalmers", creating the Georgia state board of embalmers, defining their duties; and for other purposes.

Referred to Committee on Hygiene and Sanitation.

SB 99. By Senator Bacon of the 28th district:
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 Morgan; and for other purposes.
Referred to Committee on Counties and County Matters.

SR 40. By Senator Lovett of the 16th district:
A resolution to authorize the furnishing to the clerk of Laurens superior court for the use of its library in said court room, without cost to Laurens county, the herein mentioned volumes of said Georgia reports and court of appeals reports.
Referred to Committee on Public Library.

Mr. Livingston of Polk moved that the House reconsider its action m failing to pass the following bill of the House to wit:
HB 25. By Mr. Livingston of Polk:
A bill to be entitled an act to create a board of naturopathic examiners; to define and regulate its practice; and for other purposes. On the motion to reconsider HB 25, the ayes were 73, the nays 31.

460

JOURNAL OF THE HOUSE,

The motion to reconsider HB 25 prevailed and the bill was placed at the foot of the calendar.
The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules having met and had under consideration a resolution establishing a special and continuing order of business at today's session, recommends that the same do pass.
Mr. Durden of Dougherty, Vice-Chairman.

HR 88. By Mr. Durden of Dougherty:
Be it resolved by the House that the following bills be set as a special and continuing order of business at the head of the calendar of business for today's session, to wit:
1. HB. 125. Relating to public health laws.
2. HB 177. Providing fees for sheriffs.
By unanimous consent, HR 88 was adopted.
The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 31. By Mr. Weaver of Bibb:
A bill to be entitled an act to provide how administrators, executors, trustees and other fiduciaries may sell stocks or bonds listed on a stock exchange; and for other purposes.
The following Senate amendment was read:
Senator Arnold of the 26th district moves to amend HB 31 as follows: Amend section 1 by adding the following at the end of section 1: "Provided that such guardian, administrator, executor, trustee, or other fiduciary making such a sale shall file with the court of ordinary a copy of the broker's confirmation of such sale, showing the date and time of sale and proceeds of sale."
Mr. Weaver of Bibb moved that the House adopt the Senate amendment to HB31.
On the motion to adopt the Senate amendment to HB 31, the ayes were 121, the nays 0.
The motion prevailed and the Senate amendment to HB 31 was adopted.
The following Senate amendment to HB 31 was read:
The Committee on General Judiciary No. 1 moves to amend HB 31 as follows:

WEDNESDAY, FEBRUARY 10, 1943

461

By adding the following between the words "he" and "bid" in the third line of section one: "stock exchange."
Mr. Weaver of Bibb moved that the House adopt the Senate amendment to HB31.
On the motion to adopt the Senate amendment to HB 31, the ayes were 116, the nays 0.
The motion prevailed and the Senate amendment to HB 31 was adopted.
The following resolution of the House was read and adopted: HR 89. By Messrs. Clark of Catoosa and Kendrick of Fulton:
WHEREAS, the Honorable Beardsley Ruml, Chairman of the Board of the Federal Reserve Bank of New York and Treasurer of R. H. Macy & Company of New York City, is to be in Atlanta on February 16, 1943, and;
WHEREAS, Mr. Ruml has recently achieved national fame by reason of his proposal that Federal Income Taxes be collected on a "pay-as-you-go" plan in order to distribute income tax payments evenly throughout the entire year as a means of reducing the burden on individual tax payers, and;
WHEREAS, Federal income taxes have been greatly increased because of the war effort and will apply to millions of individuals who have never before paid such taxes, thereby making the problem one of paramount importance to the people of Georgia, and;
WHEREAS, it should be helpful to the General Assembly of Georgia to have a full understanding of the Ruml "pay-as-you-go" plan in considering the fiscal problems of this state.
THEREFORE, BE IT RESOLVED by the House of Representatives of the General Assembly of Georgia, the Senate concurring, that the Honorably Beardsley Ruml be invited to address a joint session of the General Assembly in the Hall of the House of Representatives on Tuesday, February 16, 1943, at 11 :00 a. m., central war time, and that this invitation be extended to Mr. Ruml by the Speaker of the House and the President of the Senate.
Mr. Mims of Miller arose to a point of personal privilege and addressed the House.
Under the special and continuing order of business established by HR 88 the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 125. By Messrs. Daves of Dooly, Hatchett of Meriwether, and Weaver of Bibb:
A bill to be entitled an act to amend the Georgia state health laws; and for other purposes.

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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 129, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Hatchett of Meriwether moved that HB 125 be ordered immediately transmitted to the Senate and the motion prevailed.
The speaker presented Congressman Boykin of Alabama to the House and the Congressman addressed the House.
The speaker presented Ex-Congressman O'Conner of New York to the House and Mr. O'Conner addressed the House.
Under the special and continuing order of business established by HR 88 the following bills of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 177. By Messrs. Burnside of McDuffie, Hicks of Floyd and Fortson of Wilkes:
A bill to be entitled an act to amend the act creating the department of public safety for the state of Georgia; and for other purposes.
The following amendment was read and adopted:
Mr. Gowen of Glynn moves to amend HB 177 as follows: By adding at the end of section 1 the following: "If the sheriff be upon a salary the fee shall be paid into the county treasury."
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 129, the nays 4.
The bill having received the requisite constitutional majority was passed, as amended.
At this time it was noticed by the speaker that His Excellency, the Governor had entered the hall of the House. The speaker appointed the chaplain as a committee of escort to escort the Governor to the speaker's stand and the Governor addressed the House briefly.
Under the regular order of business the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 12. By Senators Arnall of the 36th, Gross of the 31st, Atkinson of the 1st, Lester of the 18th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Bacon of the 28th, Kennedy of the 2nd, Ingram of the 51st, and Foster of the 40th districts:

WEDNESDAY, FEBRUARY 10, 1943

463

SB 12. A bill to be entitled an act to reorganize the state department of law; to provide for an attorney general and assistant attorney generals; and for other purposes.
The following House amendment to SB 12 was read and adopted:
The House Committee on State of Republic moves to amend SB 12 by making the period at the end of section 3 a comma and by adding on the following words:
"or such Assistant Attorney General may be removed by the Attorney General with the approval of the Governor."
Mr. Grayson of Chatham moved the previuus question, the motion prevailed and the main question was ordered.
Mr. Strickland of Haralson moved that the House reconsider its action in ordering the main question and the motion was lost.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 129, the nays 4.
The bill having received the requisite constitutional majority was passed as amended.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit:
SR 45. By Senators Gross of the 31st, Pope of the 7th, Millican of the 52nd, Martin of the 13th and Williams of the 5th:
A resolution inviting Hon. Fred G. McAlister of London, Ontario to address a joint session of the General Assembly, February 19, 1943.
Under the regular order of business, the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 26. By Senator Harrison of the 17th district:
A bill to be entitled an act to amend the housing authorities law; and for other purposes.
The report of the committee, which ~as favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.

464

JOURNAL OF THE HOUSE,

SB 27. By Senator Harrison of the 17th district:

A bill to be entitled an act to provide houses for persons engaged in war industries; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agn:.:d to.

On the passage of the bill, the ayes were 116, the nays 0.

The bill having received the requisite constitutional majority was passed.

SB 28. By Senator Harrison of the 17th district:

A bill to be entitled an act to create a state director of housing; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following report of the committee was read:

Mr. Ennis of Baldwin County, Chairman of the Committee on Special Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 56-237-A. Do Pass by substitute Respectfully submitted,

Ennis of Baldwin, Chairman.

By unanimous consent the following resolution of the House favorably reported, was read the second time:
HR 56-237A. By Mr. Smith of Dougherty:
A resolution providing for the P.ayment of the heirs of Charles W. Crankshaw for the purchase of silver bought for the Battleship Georgia, and now used in the Governor's mansion; and for other purposes.
Under the regular order of business the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:

WEDNESDAY, FEBRUARY 10, 1943

465

SB 39. By Senator Moore of the 32nd district:
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 with reference to the manner of statutory foreclosure; and for other purposes.
Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock and SB 39 went over as unfinished business.

466

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.
Thursday, February 11, 1943.
The House met pursuant to adjournment this day at 10 o'clock a. m., was called to order by the speaker and opened with a prayer by the Reverend Strudder of Ringold, 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.
Mr. Mason of Morgan gave notice that at the propert time he would move that the committee of the House having the following bill and resolution in its possession report the same back to the House:
HB 116. By Mr. Mason of Morgan:
A bill to be entitled an act to amend the charter of the Georgia Railroad company; and for other purposes.
HR 31-118A. By Mr. Mason of Morgan:
A resolution proposing an amendment to article VII, section II of the constitution so as to provide for the levy and collection of taxes from the Georgia Railroad and Banking company; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requ1s1te constitutional majority the following bills of the House and Senate to wit:
HB 30. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act amending the charter of the City of Union City; and for other purposes.
HB 35. By Mr. Barfield of Bibb:
A bill to be entitled an act to amend an act known as the land registration act approved on the 21st day of August, 1917.
HB 41. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend section 96-205 of the code of Georgia of 1933, to provide that when a voluntary deed or conveyance shall be

THURSDAY, FEBRUARY 11, 1943

467

recorded in accordance with section 29-401 of said code, such voluntary deed or conveyance shall have priority, as provided in said last mentioned section, over subsequent deeds or conveyance; and for other purposes.
HB 97. By Mr. Hand of Mtichell: A bill to be entitled an act authorizing the City of Pelham to pass zoning and planning laws; and for other purposes.
HB 99. By Mr. Hardy of Jackson: A bill to be entitled an act to amend an act providing a new charter for the City of Commerce; and for other purposes.
HB 105. By Mr. Minchew of Atkinson: A bill to be entitled an act to amend the charter of the City of Pearson; and for other purposes.
HB 187. By Messrs. Hicks, Littlejohn, Baker of Floyd:
A bill to amend an act incorporating the City of Rome; and for other purposes.
HB 207. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
HB 221. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta; and for other purposes.
HB 246. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to be entitled an act to amend the charter of the city council of Augusta ; and for other purposes.
HB 257. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend Georgia laws, 1906, pages 846-868, and the amendatory laws thereto, pertaining to the charter of the City of Marietta, so as to authorize the City of Marietta, to extend the sewer lines of said city beyond the corporated limits, to build disposal plants beyond the corporated limits; and for other purposes.

468

JOURNAL OF THE HOUSE,

HB 259. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta; and for other purposes.
HB 260. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend Ga. laws 1904, page 519, and the amendatory acts thereto, pertaining to the charter of the City of Marietta; and for other purposes.

HB 267. By Messrs. Weaver, Barfield, and Wilson of Bibb:
A bill to be entitled an act to amend an act of the General Assembly of Georgia re-enacting and amending the charter of the City of Macon; and for other purposes.

HB 268. By Mr. Mitchell of Monroe:
A bill to be entitled an act to amend an act, to consolidate the various acts incorporating the city of Forsyth; and for other purposes.

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

HB 276. By Messrs. Durden and Smith of Dougherty:
A bill to be entitled -an act to provide and empower the City of Albany, Georgia to furnish aid and relief and to grant pensions to all employees now in active service in any, each, and all departments of the City of Albany; and for other purposes.

HB 277. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the charter of the City of Brunswick, Georgia and for other purposes.
HB 271. By Messrs. Mills and Battles of Decatur:
A bill to be entitled an act to amend, consolidate and supercede the several acts incorporating the Town of Attapulgus; and for other purposes.
SB 54. By Senator Arnold of the 26th: A bill to be entitled an act to cede and convey to the City of Griffin the fee simple title to the land known as Camp Northern; and for other purposes.

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469

SB 104. By Senator Stark of the 33rd:
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 of court reporters, in the Piedmont Judicial circuit; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
SB 73. By Senators Gross of the 31st, Forester of the 44th, and Kennedy of the 2nd:
A bill to be entitled an act to amend an act entitled an act to create a department of public safety for Georgia; and for other purposes.
SB 91. A bill to be entitled an act to amend section 38-1604 of the 1933 code of Georgia relating to husband and wife as witness against each other in criminal proceedings; and for other purposes.
SB 100. By Senators Ennis of the 20th, Lester of the 18th, Oden of the 46th, and Millican of the 52nd:
A bill to be entitled an act to create a board of directors of eleemosynary institutions; and for other purposes.
SR 37. By Senators Pittman of the 42nd and Lester of the 18th:
A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment of article III, section IV, paragraph VII, of the Constitution of the State of Georgia fixing the eligibility of members of the General Assembly to be elected or appointed to any state office; and for other purposes.
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.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second .reading. of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills.
The following resolution of the House was read and referred to the Committee on Rules:

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JOURNAL OF THE HOUSE,

HR 90. By Mr. Durden of Dougherty:
A RESOLUTION
BE IT RESOLVED by the House that the following bills and resolutions be and the same are hereby set as a special and continuing order of business at the head of the calendar for today, to wit:
1. SB 68. Relating to Talbot county.
2. SB 40. Relating to changing of names.
3. SB 58. Relating to Bibb county.
4. SB 50. Relating to costs in supreme court and court of appeals.
5. HB 251. Amendment to unemployment compensation law.
6. HB 68. Liquified petroleum gases.
7. HR 57-237B. Relating to Troopers Beacham and Langston.
8. HB 235. Salary, commissioner of labor.
9. HB 94. To provide blank forms to magistrates.
Mr. Rowland of Johnson asked unanimous coRSent that HB 312 be withdrawn from the Committee on Public Welfare, and recommitted to the Committee on General Judiciary No. 2 and the consent was granted.
HB 312. By Mr. Rowland of Johnson: A bill to be entitled an act to amend section 30~127 of the 1933 code relating to the custody of minor children; and for other purposes.
Referred to Committee on General Judiciary No.2..
By unanimous consent, the following bills and/or resolutiofis' of the House were introduced, read the first time and referred to committees:
HB 392. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to amend the charter of the City of Atlanta to authorize the mayor to administer the oath of office ro members of general council; and for other purposes.
Referred to Committee on Municipal Government.
HB 393. By Mrs. Mankin of Fulton:
A bill to be entitled an act to repeal the act approved March 15, 1935 amending code section 84-2011; to amend code section 84-2011 to allow discharged soldiers or sailors to conduct certain businesses without paying a license fee; and for other purposes.
Referred to Committee on Ways and Means.

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471

HB 394. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to amend the charter of the City of Davisboro to consolidate the offices of treasurer and city clerk; and for other purposes.
Referred to Committee on Municipal Government.
HB 395. By Mr. Hogg of Marion:
A bill to be entitled an act to authorize the commissioner of Marion county to pay the premium on the bond of the county treasurer ; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 396. By Mr. Rossee of Putnam:
A bill to be entitled an act to amend the charter of the City of Eatonton to fix the salary of the city clerk; to provide for written accusations upon demand; and for other purposes.
Referred to Committee on Municipal Government.
HB 397. By Mr. Hogg of Marion:
A bill to be entitled an act to amend the general tax act of 1935 relative to cars operating for hire by striking the provision limiting the total tax for each place of business to not exceed $500.00; and for other purposes.
Referred to Committee on Ways and Means.
HB 398. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to require an advanced deposit of $10.00 by the plaintiff in divorce cases filed in the superior court of Washington county; and for other purposes.
Referred to Committee on Special Judiciary.
HB 399. By Mr. Rossee of Putnam: A bill to be entitled an act to amend the several acts creating a board of commissioners of roads and revenues of Putnam county to require a bond fro meach commissioner; to require annual audits of county affairs and publication of same; and for other p_urposes.
Referred to Committee on Counties and County Matters.
HB 400. By Mr. Willoughby of Clinch: A bill to be entitled an act to amend the act creating the county court of Clinch to provide the Governor shall fill vacancies in the office of solicitor for the unexpired term; and for other purposes. Referred to Committee on Counties and County Matters.

472

JOURNAL OF THE HOUSE,

HB 401. By Mr. Welsch of Cobb: A bill to be entitled an act to require lobbyists to wear a badge or button with the word "Lobbyist" printed thereon; and for other purposes.
Referred to Committee on State of Republic.

HB 402. By Messrs. Gowen and Gilbert of Glynn:
A bill to he entitled an act proposing an amendment to article 6, section 7, paragraph 1, of the constitution to provide that the General Assembly may abolish justice courts and the office of justice of peace in Glynn county; and for other purposes.
Referred to Committee on Amendments to Constitution No. l.

HB 403. By Mr. Sharp of Toombs:
A bill to beentitled an act to amend the charter of the City of Vidalia to provide a permanent date for holding primary elections in the city; and for other purposes.
Referred to Committee on Municipal Government.

HB 404. By Mr. Padgett of Echols:
A bill to he entitled an act to provide for three commissioners districts in Echols county; to provide each candidate shall designate the district he seeks to represent; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 405. By Messrs. Waller of Whitfield and Hurst and Goldberg of Coweta:

A bill to be entitled an act to provide for the registration of motor vehicles

with clerks of superior court, and the issuance of license plates; and for

other purposes.

-

Referred to Committee on Motor Vehicles.

HR 91-405A. By Mrs. Mankin of Fulton, Messrs. Culpepper of Fayette, Weaver of Bibb, Park of Greene and Key of Jasper:
A resolution proposing an amendment to article 6, section 2, paragraph 6, of the constitution providing for the disposition of cases in the supreme court and court of appeals where the filing of the bill of exceptions and copy of record is delayed by the clerk of the trial court; and for other purposes.
Referred to Committee on Amendments to Constitution No. l.

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473

HB 406. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the corporations act to provide a corporation may reimburse officers and directors for expenses incurred in defending any groundless action, suit or proceeding; and for other purposes.
Referred to Committee on Corporations.
HB 407. By Mr. Chance of Twiggs:
A bill to be entitled an act to require the state highway board to have its patrolmen to burn the shoulders of all state highways to protect the forests; and for other purposes.
Referred to Committee on Conservation.
HB 408. By Mr. Salter of Upson:
A bill to be entitled an act to provide that councilmen or aldermen of the City of Thomaston shall be eligible to become candidates for mayor during their term as councilmen or aldermen; and for other purposes.
Referred to Committee on Municipal Government.
HB 409. By Mr. Williams of Gwinnett:
A bill to be entitled an act to regulate the operation of dance halls, road houses, tourist homes, clubs, and business of like character in Gwinnett county ; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 410. By Messrs. Swint and Hightower of Spalding, Strickland of Haralson, Dunn of Lamar, and Hicks of Floyd:
A bill to be entitled an act to amend the act of February 25, 1935 (Ga. laws 1935, pp. 369-372) to eliminate the limitation of the number of dealers in farmers' markets; and for other purposes.
Referred to Committee on General Agriculture No. 2.
HB 411. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to regulate the buying, selling, delivery, processing and resale of pecan nuts, and for other purposes.
Referred to Committee on General Agriculture No.2.
HB 412. By Messrs. Gowen of Glynn and Hand of Mitchell:
A bill to be entitled an act to create a Georgia insurance commission; to license resident agents to ~:epresent fire, casualty and marine or fidelity and surety bonds; to fix the amount of fees and taxes; and for other purposes. Referred to Committee on Insurance.

474

JOURNAL OF THE HOUSE,

HB 413. By Messrs. Cheshire and Riddlespurger of Colquitt, Durden and Smith of Dougherty, Miller of Lanier, Hurst of Coweta, Connell of Lowndes, Jones of Grady, and Crummey of Wilcox:
A bill to be entitled an act to authorize the operation of picture shows on Sunday within thirty miles of any army or navy camp, air bases, hospital areas or other bases; and for other purposes.
Referred to Committee on State of Republic.

HB 414. By Messrs. Minchew of Atkinson and Dunn of Lamar: A bill to be entitled an act to fix the salaries of the prison commissioners at $3600.00 per annum, plus actual traveling expenses; and for other purposes.
Referred to Committee on Penitentiary.

HB 415. _By Mr. Mcintosh of Mcintosh:
A bill to be entitled an act to amend the public welfare laws to require the immediate investigation and certification of all persons eligible to receive old age assistance; and for other purposes.
Referred to Committee on State of Republic.

Mr. Hatchett of Meriwether 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 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:

HB 70. Do Not Pass HB 381. Do Pass

SR 37. Do Pass

Respectfully submitted,
Hatchett of Meriwether, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and

THURSDAY, FEBRUARY 11, 1943

475

ready for transmission t1> the Senate the following bills of the House to wit: HB 125.
HB 177. HB 301.
Respectfully submitted, Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House to wit:

HB 18.

HB 21.

HB 38.

HB 45.

HB 61.

HB 84.

HB 126.

HB 130.

HB 131. HB .134.

HB 192.

HB 193.

HB 199. H}J 92..

HB252.

HB 262.

Respectfully submitted,
Johnson of Chattahoochee, Chairman.

476

JOURNAL OF THE HOUSE,

Mr. Gillis of Treutlen County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 358. Do Pass
Respectfully submitted,
Gillis of Treutlen, Chairman.

Mr. Mixon of Irwin 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:
HB 288. Do Pass HB 292. Do Pass HB 302. Do Pass HB 325. Do Pass HB 340. Do Pass
Respectfully submitted,
Mixon of Irwin,

Mr. Daves of Dooly 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 o fthe House and have instructed me as Chairman, to report the same back to the House with the fillowing recommendations:

HB 137. Do Pass as amended

Respectfully submitted,

Daves of Dooly, Chairman.

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477

Mr. Kendrick. of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back. to the House with the following recommendations:
HB 370. Do Pass
HB 184. Do Not Pass
HB 210. Do Not Pass SB 61. Do Pass
Respectfully submitted,
Kendrick. of Fulton, Chairman.

Mr. Bynum of Rabun County, Vice-Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker:
Your Committee on Public Property have had under consideration the following resolution of the House and have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 82-320A. Do Pass
Respectfully submitted,
Bynum of Rabun, Vice-Chairman.

Mr. Bowen of Pierce 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 and resolutions of the House and Senate and have instructed me as ViceChairman, to report the same back. to the House with the following recommendations:
HB 113. Do Pass
HB 176. Do Pass
HB 247. Do Pass

478

JOURNAL OF THE HOUSE,

HB 293. Do Pass HB 329. Do Pass HB 323. Do Pass HB 346. Do Pass HB 355. Do Pass HB 356. Do Pass HB 366. Do Pass HB 383. Do Pass HR 71-295A. Do Pass SB 63. Do Pass

Bowen of Pierce, Vice-Chairman.

By unanimous consent, the following bills and resolutions of the House and Senate favorably reported, were read the second time:
HB 131. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to provide that no funds shall be withdrawn or released from the reserve fund of the county until advertised for ten days in the official organ; and for other purposes.
HB 137. By Mr. Looper of Dawson:
A bill to be entitled an act to penalize any person, house, building, place, or other structure who knowingly permits prostitution, lewdness, or assignation; and for other purposes.
HB 176. By Mr. Johnson of Chattahoochee:
A bill to be entitled an act to set the time for holding superior court of Chattahoochee county on the fourth Mondays in March and September instead of the third Mondays; and for other purposes.
HB 247. By Mr. Reynolds of Clayton:
A bill to be entitled an act to amend an act known as Clayton commissioners-amendments act, No. 119 Georgia laws 1941, pages 818-819-820-821-822 and 823, approved February 26, 1941; to repeal the abolition of Panhandle militia district and the consolidation of same with Lovejoy militia district; to repeal the provision of said amendment for the election of county commissioners by road districts only and not by county vote; and for other purposes.

THURSDAY, FEBRUARY 11, 1943

479

HB 288. By Mr. Thompson of Meriwether:
A bill to be entitled an act to amend section 113-105 of the code of 1933, to provide where property of a deceased person has been sold, conveyed, or incumbered by the heirs at law by warranty, quitclaim or fee simple deed, or deed to secure debt, or mortgage, shall not be affected by the provisions of the will when not offered for probate within two years from the date of the death of such deceased person; and for other purposes.

HB 292. By Mr. Thompson of Meriwether:
A bill to be entitled an act to amend section 113-908 of the code of 1933, to provide that real property of a deceased person sold, conveyed, or incumbered by the heirs at law by warranty, quitclaim or fee simple deed, or mortgage shall be discharged from claims of creditors of the deceased unless suit is instituted within two years from the death of the deceased; to provide liens, mortgages or deeds to secure debt properly recorded shall not be affected by the provisions of this act; and for other purposes.

HB 293. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to fix the dates for holding superior court of Forsyth county; and for other purposes.

HB 302. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend the acts relating to certified public accountants and the state board of accountancy to provide for the qualification of accountants; to make communications between accountants and their clients confidential; and for other purposes.

HB 323. By Mr. Gray of Houston:
A bill to be entitled an act to provide for the holding of two terms each year of the Houston superior court and fixing the time; and for other purposes.

HB 325. By Mr. Reynolds of Clayton:
A bill to be entitled an act to amend sub-section 1 of section 67-2001 of the code of 1933 to give landscape gardeners and nurserymen a lien for materials and work to improve or beautify the real estate of any person; and for other purposes.

HB 329. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:

A bill to he entitled an act to fix the salary of the clerk of court, sheriff,

ordinary, tax collector and tax receiver of Fulton county at $7,500.00 per

year each; and for other purposes.



480

JOURNAL OF THE HOUSE,

HB 340. By Mr. Mixon of Irwin:
A bill to be entitled an act that no court shall discriminate against any person because of illegitimate birth nor against the mother of an illegitimate child in any action for damages; and for other purposes.
HR 346. By Messrs. Hatchett of Meriwether, Hill of Troup, Hurst and Goldberg of Coweta, Smith of Carroll and Sheppard of Heard:
A bill to be entitled an act to provide additional compensation to the court reporter of the Coweta judicial circuit; and for other purposes.
HB 355. By Mr. Bynum of Chattooga:
A bill to be entitled an act to fix the salary of the judge of the city court of Chattooga county at $1200.00 per annum; and for other purposes.
HB 356. By Mr. Thomas of Chattooga:
A bill to be entitled an act to provide for the establishment of a juvenile court in Chattooga county, and provide the judge of the city court shall be judge of the juvenile court; and for other purposes.
HB 358. By Messrs. Medders of Bacon, Oliver of Tattnall, Williams of Coffee, Gaskins of Berrien and Fisher of Jeff Davis:
A bill to be entitled an act to regulate the operation of warehouses conducting auction sales of tobacco; to provide the time for holding auction sales; to fix a maximum charge the warehouseman may charge; and for other purposes.
HB 366. By Mr. Easler of Crawford:
A bill to be entitled an act to provide for holding two regular terms of the superior court of Crawford county; to fix the time for holding same; and for other purposes.
HB 370. By Messrs. Kendrick of Fulton, MeN all of Chatham, Holley of Richmond, and Weaver of Bibb:
A bill to be entitled an act to amend the unemployment compensation law to provide the commissioner of revenue may collect contributions in default; to authorize a credit to each employer for contributions to the federal treasury; and for other purposes.
HB 381. By Messrs. Boynton of Union, Strickland of Haralson, and Smith of Muscogee:
A bill to be entitled an act to provide each county school superintendent shall receive $50.00 a month from the county in addition to their present salary; and for other purposes.

THURSDAY, FEBRUARY 11, 1943

481

HB 383. By Mr. Riley of Peach:
A bill to be entitled an act to provide three regular terms of Peach county superior court, and fix the date of same; and for other purposes.
HR 71-295A. By Messrs. Barfield, Weaver and Wilson of Bibb:
A resolution to relieve Pete Goddard as surety on the bond of Noah Grimes; and for other purposes.
HR 82-320A. By Messrs. Harris of Richmond, Copland, Elliott and Smith of Muscogee:
A resolution to name Frank: D. Foley of Columbus, a member of the Western and Atlantic Railroad commission; and for other purposes.
SB 61. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act for examination of master electricians in counties having a population of 150,000 or more by United States census of 1930 so as to reduce the cost of renewal certificates; and for other purposes.
SB 63. By Senator Hollis of the 24th district:
A bill to be entitled an act to change the time of holding the superior court of Chattahoochee county; and for other purposes.
SB 37. By Senators Hall of the 50th, and Raynor of the 4th districts:
A bill to be entitled an act providing for courses in bookkeeping, shorthand and typewriting in the tenth and eleventh grades, or the last two years of the high schools of the state; 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:
SB 54. By Senator Arnold of the 26th district:
A bill to be entitled an act to cede and convey to the City of Griffin, the fee simple title to the land known as Camp Northern, which was donated to the state in 1893; and for other purposes.
Referred to Committee on Public Property.
SB 73. By Senators Gross of the 31st, Forester of the 44th and Kennedy of the 2nd districts:
A bill to be entitled an act to amend an act entitled "An act to create a department of public safety for Georgia," (Ga. laws, 1937, pages 322 et seq.) ; and for other purposes.
Referred to Committee on State of Republic.

482

JOURNAL OF THE HOUSE,

SB 91. By Senator Shannon of the 21st district:
A hill to he entitled an act to amend section 38-1604 of the 1933 code of Georgia, relating to husband and wife as witness against each other in criminal proceedings, by striking all of said section and suhsttiuting in lieu thereof a new section so as to provide that "husband and wife shall he competent and not compellable to give evidence in any and all criminal proceedings, etc., and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 100. By Senators Ennis of the 20th, Lester of the 18th, Oden of the 46th and Millican of the 52nd districts:
A hill to he entitled an act to create a hoard of directors of eleemosynary institutions; to name and designate the eleemosynary institutions; to provide for the appointment, qualification, term of office, tenure, powers and duties of the hoard of directors of eleemosynary institutions; to revise the laws relative to the eleemosynary institution; and for other purposes.
Referred to Committee on State of Republic.
SB 104. By Senator Stark of the 33rd district:
A hill to he entitled an act to amend sections 24-3103 and 24-3104 of the code of Georgia of 1933, relating to the compensation of court reporters, by providing additional compensation for the court reporter of the Piedmont judicial circuit; to repeal conflicting laws; and for other purposes.
Referred to Committee on Special Judiciary.
SR 37. By Senators Pittman of the 42nd and Lester of the 18th districts:
A resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment of article 3, section 4, paragraph 7, (section 2-1507 Ga. code of 1933) of the constitution of the State of Georgia, fixing the eligibility of members of the General Assembly to he elected or appointed to any state office; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
By unanimous consent, the following hills of the House and Senate were read the third time and placed upon their passage:
HB 264. By Mr. Looper of Dawson:
A hill to he entitled an act to repeal the act creating a hoard of commissioners of roads and revenues of Dawson county; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.

THURSDAY, FEBRUARY 11, 1943

483

On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 270. By Messrs. Battles and Mills of Decatur: A bill to be entitled an act to grant the commissioners of roads and revenues of Decatur county the authority to pass air-space safety zones; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 272. By Mr. Greene of Schley: A bill to be entitled an act to consolidate the offices of tax collector and tax receiver in the County of Schley; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 273. By Mr. Clark of Catoosa: A bill to be entitled an act to repeal the act abolishing the board of roads and revenues of the County of Catoosa; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 274. By Mr. Clark of Catoosa: A bill to be entitled an act to create the office of commissioner for the County of Catoosa; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0. The bill having received the requisite constitutional majority was passed.

484

JOURNAL OF THE HOUSE,

HB 279. By Mr. Boone of Wilkinson: A bill to be entitled an act to amend the act creating the board of commissioners of Wilkinson county with reference to the salary; and for other purposes
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 287. By Messrs. Hatchett and Thompson of Meriwether: A bill to be entitled an act to amend the act amending the act fixing the salary of the Treasurer of Meriwether county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 289. By Mr. Smiley of Liberty: A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues for 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 0. The bill having received the requisite constitutional majority was passed.
HB 290. By Mr. Gaston of Butts: A bill to be entitled an act to amend the act incorporating the Town of Pepperton in the County of Butts; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0. The bill having received the requisite constitutional majority was passed. HB 295. By Mr. Pannell of Murray:
A bill to be entitled an act to amend an act in reference to the roads and revenues of Murray county; and for other purposes.

THURSDAY, FEBRUARY 11, 1943

485

The report 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 were l.
The bill having received the requisite constitutional majority was passed.
HB 298. By Mr. Hefner of Pickens:
A bill to be entitled an act to abolish the office of tax-receiver and tax-commissioner of Pickens county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays were 0.
The bill having received the requisite constitutional majority was passed.
HB 299. By Mr. Mcintosh of Mcintosh:
A bill to be entitled an act to amend an act approved August 4, 1927, (Georgia laws 1927, pp. 627-28-29), so as to provide a different method of compensation in Mcintosh county; and for other purposes.
The rrport of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 301. By Mr. Pruitt of Lumpkin:
A bill to be entitled an act to repeal the amendment to the act creating the board of commissioners of roads and revenues for the county of Lumpkin ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Pruitt of Lumpkin asked unanimous consent that HB 301 be ordered immediately transmitted to the Senate and the consent was granted.
HB 303. By Mr. Gholston of Madison:
A bill to be entitled an act to fix the status of the Madison county academy in the Danielsville school district hr recognizing the same as an integral part of the common school system; and for other purposes.

486

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 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 304. By Mr. Gholston of Madison: A bill to be entitled an act to amend the act incorporating the City of Danielsville in the County of Madison; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 305. By Mr. Dunn of Lamar:
A bill to be entitled an act to amend an act to confer additional powers upon the corporate authorities of the Town of Barnesville, in the County of Pike, and for the qualifications of the members of council of the City of Barnesville formerly Pike, now Lamar 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 147, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 306. By Mr. Dunn of Lamar:
A bill to be entitled an act to create a board of commissioners of roads and revenues for Lamar county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 308. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to authorize the board of tax assessors for the County of Forsyth; to use the services of freeholders; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 11, 1943

487

On the passage of the bill, the ayes were 120, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 309. By Mr. Pirkle of Forsyth: A bill to be entitled an act to direct and empower the board of registrars of the County of Forsyth to correct the voters list six months before each general 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 121, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 314. By Mr. Medders of Bacon: A bill to be entitled an act to require all county officers of Bacon county except the coroner and surveyor to execute bonds for the faithful performance of duties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 315. By Mr. Medders of Bacon: A bill to be entitled an act to amend the act creating a new charter for the Town of Alma in the County of Bacon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 316. By Messrs. Deal and Brunson of Bulloch: A bill to be entitled an act to amend an act entitled "Bulloch tax commissioner"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, the nays 0. The bill having received the requisite constitutional majority was passed.

488

JOURNAL OF THE HOUSE,

HB 321. By Mr. Heard of Elbert:
A hill to be entitled an act to amend an act to incorporate the City of Bowman in the County of Elbert; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill; the ayes were 125, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 324. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to fix the salary of the jailer of 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 126, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 326. By Mr. Easler of Crawford:
A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues for the County of Crawford; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 328. By Mr. Thigpen of Glascock:
A bill to be entitled an act to repeal any and all acts creating the board of commissioners of roads and revenues for the County of Glascock except the act of 1943 ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 128, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 334. By Mr. Daves of Dooly: A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues for the County of Dooly so as to provide for the re-districting of the county; and for other purposes.

THURSDAY, FEBRUARY 11, 1943

489

The report 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 0.
The bill having received the requisite constitutional majority was passed.
HB 341. By Mr. Dunn of Lamar: A bill to be entitled an act to repeal an act to create an advisory board to be in charge of roads and revenues in and for the County of Lamar; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 130, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 344. By Mr. Dorsett of Douglas:
A bill to be entitled an act to create a commissioner of roads and revenues for Douglas county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agretcd to.
On the passage of the bill, the ayes were 131, the nays 0. The bill having received the requisite constitutional majority was passed. HB 348. -By Mr. Strickland of Haralson:
A bill to be entitled an act to repeal the act abolishing the offices of tax collector and tax receiver of Haralson county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 132, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 349. By Mr. Gaston of Butts: A bill to be entitled an act to create a board of commissioners of roads and revenues for Butts county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 133, the nays 0. The bill having received the requisite constitutional majority was passed.

490

JOURNAL OF THE HOUSE,

HB 354. By Mr. Thomas of Chattooga: A bill to be entitled an act to amend an act to abolish the board of commissioners of roads and and revenue of Chattooga county, and to create a new board of commissioners of roads and revenues of said county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 359. By Messrs. Hubert and Broome of DeKalb: A bill to be entitled an act to fix the 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 135, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 360. By Messrs. Turner, Broome and Hubert of DeKalb: A bill to be entitled an act to amend the act abolishing the offices of tax collector and tax receiver of DeKalb county as amended with reference to the salary fixed by the county commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 136, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 372. By Mr. Johnson of Chattahoochee: A bill to be entitled an act to amend the act creating a board of commissioners of roads and revenues for the county of Chattahoochee; and for other purposes.
The report 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 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, FEBRUARY 11, 1943

491

HB 374. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to amend the act relating to the compensation of the county commissioners of Washington county; and for other purposes
The report of the committee, which was favorable to the passage of the bill,
was agreed to.
On the passage of the bill, the ayes were 138, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 42. By Senator Martin of the 13th district:
A bill to be entitled an act to amend the act relating to the qualification and registration of voters in the City of Oglethorpe in the County 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 139, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having met and had under consideration a resolution establishing a special and continuing order of business for today's session, recommends that the resolutio!l do pass.
Durden of Dougherty, Vice-Chairman.

HR 90. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolved by the House that the following bills and resolutions be and the same are hereby set as a special and continuing order of business at the head of the calendar for today, to wit:
-
1. SB 68. Relating to Talbot county. 2. SB 40. Relating to changing names. 3. SB 58. Relating to Bibb county. 4. SB 50. Relating to costs in supreme court and court of appeals.
5. HB 251. Amendment to unemployment compensation law.

492

JOURNAL OF THE HOUSE,

6. HB 68. Liquified petroleum gases.
7. HR 57-237B. Relating to Troopers Beacham and Langston.
8. HB 285. Salary, commissioner of labor.
9. HB 94. To provide blank forms to magistrates.
By unanimous consent HR 90 was adopted.
Under the special and continuing order of business established by HR 90 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
SB 68. By Senator Kimbrough o fthe 25th district:
A bill to be entitled an act to change the time of holding the superior court in Talbot county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 141, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 40. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend chapter 79, section 501 of the code of 1933 which relates to the changing of names; and for other purposes.
The following amendment to SB 40 was read and adopted:
Mr. Whipple of Bleckley moves to amend SB 40, to add after the word "Objection" in sections one (I) and two (2) a new sentence as follows:
"That said notice, or citation shall fix a date on or before which all objections to the granting of the relief prayed for must be filed in the court, and, if no suCh objection is so filed, the court shall proceed in vacation, at chambers, thereupon, or at any later date fixed, to hear, and determine all matters raised by the petition, and to render final judgment or decree thereupon".
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 J 15, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
SB 58. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to amend the act creating a new charter for the City of Macon in the County of Bibb; and for other purposes.

THURSDAY, FEBRUARY 11, 1943

493

By unanimous consent, further consideration of SB 58 was postponed for one hour.

SB 50. By Senators Ennis of the 20th, Terrell of the 19th, and Pittman of the 42nd

districts:

'

A bill to be entitled an act to amend and revise the laws relating to costs collected in cases in the supreme court and the court of appeals; and for other purposes.

The following amendment to SB 50 was read and adopted:

Mr. Allison of Gwinnett moves to amend SB 50 entitled "A bill to be entitled

an act to amend and revise the laws relating to costs collected in the supreme court

and the court of appeals, paying the same over, making reports thereof, and applica-

tion of the same, and for other purposes," by striking therefrom section 16 thereof,

which reads :



#

"This act shall not become effective until July 1, 1943." and by inserting in lieu thereof a new section to be numbered 16, and to read as follows:

"This act shall become effective upon its passage by the General Assembly and approval by the Governor."

Mr. Caldwell of Troup moved the previous question, the motion prevailed and the main question was ordered.

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

On the passage of the bill, as amended, the ayes were 115, the nays 0.

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

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

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the follgwing bill of the Senate to wit:

SB 103. By Senator Moore of the 32nd:
A bill to be entitled an act to amend an act approved August 11, 1919 (Ga. laws 1919, pp. 682-88) creating the board of commissioners of roads and revenues for the Co11nty of Lumpkin, as amended by an act approved March 15, 1937 (Ga. laws 1937, pp. 1366-68) providing for two additional members of said board, and for other purposes, by repealing the amendment approved March 15, 1937 (Ga. laws pp. 1366-68); and for other purposes.

494

JOURNAL OF THE HOUSE,

Under the special and continuing order of business established HR 90 the following bills and resolution of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton:
A bill to be entitled an act to amend the act known as "The unemployment compensation law" by providing for the secession of the experience rating of an employer where his business is acquired by another; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 252. By Messrs. Hand of Mitchell, Durden of Dougherty and Caldwell of Troup:
A bill to amend chapter 92-67 of the code of eGorgia of 1933 which relates to assessment of property under certain circumstances and for other purposes.
HB 262. By Messrs. Broome, Hubert, and. Turner of DeKalb:
A bill to amend an act entitled "An act to create and establish the city court of Decatur; to define the jurisdiction thereof; to provide for the appointment of the judge and solicitor of said court; and for other purposes.
The following bill of the Senate was again taken up for consideration:
SB 58. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to amend an act approved August 3, 1927, entitled an act to re-enact the charter of the City of Macon; and for other purposes.
The following amendment to SB 58 was read and adopted:
Messrs. Wilson and Barfield of Bibb move to amend SB 58 by striking section 2 of said bill and inserting a new section with the same number which shall read as follows:
"Section 2. Be it further enacted by the aforesaid authority that said second paragraph of section 27 be and the same is, hereby reenacted to read, as changed and reenacted, as follows:

THURSDAY, FEBRUARY 11, 1943

495

The mayor shall receive a salary of Five Thousand Dollars ($5000.00) per annum, and shall be ex-officio a member of the Joint Board of Health. He shall hold office for a term of two years and until his successor is elected and qualified. He shall be eligible for election for two successive two year terms, and no incumbent shall hold office for more than four years in succession. When any incumbent has held office for two successive two-year terms he shall not again be eligible for election until one or more two-years terms shall have intervened provided, however, the present incumbent shall be eligible for re-election for one two year term in addition to the term he is now serving. He shall be the chief executive officer of the City, and shall have general supervision over all its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money, and shall be clothed with the veto power as herein set forth. It shall be his duty to see that the laws of the State, and ordinances of the City are faithfully executed within the limits of the territory over which the City government extends. He sliall keep the Council advised, from time to time, of the general condition of the City and shall recommend such measures as he may deem necessary and expedient for the welfare thereof. He may call the Council together at any time when deemed necessary by him. He shall have an office at the city hall, and devote as much time as may be necessary to the business of the City each day, and shall not be absent from the State for a longer time than six (6) days together, without permission of the Council."
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 109, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Weaver of Bibb asked unanimous consent that SB 58 be transmitted immediately to the Senate and the consent was gran.ted.
HB 68. By Mr. Mixon of Irwin:
A bill to be entitled an act to regulate the transportation, handling and storage of petroleum gases; and for other purposes.
The following substitute to HB 68 was read:
By Mr. Mixon of Irwin:
A Bill to be entitled an Act to authorize the Georgia Public Service Commission of the State of Georgia to prescribe uniform regulations in this State for Safety in the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases, for fuel purposes, and for the odorization of said gases used therewith; to provide for the issuance of permit to engage as a dealer in liquefied petroleum gases or equipment; to

496

JOURNAL OF THE HOUSE,

provide for bond to be entered into the sum of Ten Thousand Dollars ($10,000.) by dealers in such cases and equipment; making a violation of this Act a misdemeanor and prescribing the penalty therefor; to prohibit the refilling or use of liquefied petroleum gas containers without authorization by the owner thereof; to prohibit the adoption by municipalities of ordinances in conflict with this Act.
BE IT ENACTED, by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section 1. The term "Liquefied Petroleum Gas", as used in this Act, shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same; Propane, Propylene, Butanes (normal Butane or Isobutane), and Butylenes.
Section 2. The Georgia Public Service Commission of the State of Georgia shall make, promulgate and enforce regulations for the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck or tank: trailer, and utilizing Liquefied Petroleum Gases for fuel purposes, and for the odorization of said gases used therewith. Such regulations shall be substantially in conformity with the published "Standards of the N ationa! Board of Fire Underwriters for the Design, Installation and Construction of Containers and Pertinent Equipment for the Storage and Handling of Liquefied Petroleum Gases" (Pamphlet No. 58 issued Aug. 1940 and subsequent reissues and amendments thereto), as recommended by the National Fire Protection Association covering the same subject matter. Such rules and regulations shall be adopted by the Georgia Public Service Commission only after a public hearing thereon.
Section 3. (a) That before any person, manufacturer, jobber or retailer of containers and other equipment used for storage or utilization of liquefied petroleum gases as well as any distributor or dispenser of such gases shall engage in business as a dealer in or dispenser of liquefied petroleum gases as well as any distributor or dispenser of such gases shall engage in business as a dealer in or dispenser of liquefied petroleum gases or containers or systems he shall first procure a permit from the Georgia Public Service Commission to engage in said business and said Commission shall issue such dealer a permit upon payment of the permit fee hereinafter provided and upon posting of bond in the sum of Ten Thousand Dollars ($10,000). The Commission shall have the authority to approve or reject any bond filed in accordance with the provisions hereof.
(b) The Commission may, in its discretion, allow the applicant for a permit to file in lieu of such bond a policy of indemnity insurance in some indemnity insurance company authorized to do business in the State of Georgia, which policy must substantially conform to all the provisions hereof relating to bond and must likewise be approved by the Commission. That any person, persons, firm, corporation, association or partnership, or style of branch establishment not solely owned or operated by a bonded dealer or jobber shall be considered for the purpose of this Act as a separate dealer or jobber and a separate bond and business permit shall be required.

THURSDAY, FEBRUARY 11, 1943

497

(c) That in the event any bond or policy of indemnity insurance filed with the Georgia Public Service Commission in conformity with the provisions of this Act, shall subsequently become impaired in any way, or become void, the Commission shall have the right and authority to suspend the permit issued until satisfactory substitution therefor be made.
(d) A fee of $10.00 annually shall be charged for the issuance of every permit to engage in business as a dealer in liquefied petroleum gases, containers or systems, which fee shall be paid to the Georgia Public Service Commission when that Commission has approved the bond filed in conformity with the provisions of this Act, and no permit shall issue until said fee has been paid. The money derived from the issuance of permits shall be subject to be used by the Commission for the administration and enforcement of this Act.
Section 4. No person, firm, or corporation, other than the owner, except those authorized by the owner so to do, shall refill or use in any manner any liquefied petroleum gas container or receptacle for any gas, compound, or other purpose whatsoever.
Section 5. It shall be unlawful for any person, firm, association, or corporation,
on and after the effective date of this Act to violate any of the provisions of this Act or of the regulations of the Georgia Public Service Commission made pursuant to this Act. Any person, firm, association, or corporation, violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided by law.
Section 6. No municipality or other political subdivision shall adopt or enforce any ordinance or regulation in conflict with the provisions of this Act or with the regulations promulgated under Section 2 of this Act.
Section 7. This Act shall become effective thirty days after it has been approved by the Governor of Georgia.
Section 8. Should any section, part, clause or clauses of this Act be declared unconstitutional by a Court of competent jurisdiction, such declaration of unconstitutionality shall not affect the remaining sections, parts or clauses hereof.
Section 9. All laws or parts of law in conflict with the provisions of this Act be and the same are hereby repealed.
The following amendments to the substitute to HB 68 were read and adopted:
Mr. Mixon of Irwin moves to amend the substitute to HB 68 by adding to the end of section 4 thereof the following: "except that the provisions of this section shall not become applicable until six months after the termination of the present hostilities."
Mr. Gowen of Glynn moves to amend the substitute to HB 68 by striking from section 2 the following words: "Such regulations shall be in conformity with the

498

JOURNAL OF THE HOUSE,

published 'Standards of the National Board of Fire Underwriters for the design, installation and construction of containers and pertinent equipment for the storage and handling of liquified petroleum gases {Pamphlet No. 58 issued August 1940 and subsequent reissues and amendments thereto as recommended by the National Fire Protection Association covering the same subject matter.' "
By unanimous consent, 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 110, the nays 2.
The ~ill having received the requisite constitutional majority was passed, by substitute as amended.

HR 57-237B. By Messrs. Heard of Elbert and Burton of Lee:

A resolution to pay Willoughby Beauchamp and Harold Langston for injuries sustained while on duty in the public safety department; and for other purposes.
By unanimous consent, further consideration of HR 57-237B was postponed until Friday, February 12, 1943.
HB 235. By Messrs. Drake of Seminole, Mims of Miller, Fortson of Wilkes, Harris of Richmond, McCracken of Jefferson, Bargeron of Burke, Hart of Quitman, Turner of DeKalb, Curry of Randolph, and Odom of Baker:

A bill to be entitled an act to fix the salary of the commissioner of labor of Georgia at $6,000.00; and for other purposes.

On the passage of the bill, Mr. Mims of Miller moved the ayes and nays and no quorum voted, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Barfield Bentley Broome Caldwell Campbell of Polk Cates Cheshire Copland Curry Dalton Dorsey Drake Dunn

DuPree Durden Easler Ennis Etheridge Ferguson Fortson Foster Gardner Gaskins Gaston Giddens Gilbert

Gowen Guerry Hagan Hand Harden Hatchett Herndon Hicks Hightower Hooks Hubert Johnson of Chattahoochee Johnson of Pike

THURSDAY, FEBRUARY 11, 1943

499

Kelly of Walker Kendrick Key Littlejohn Livingston Looper Mabry Mankin Martin Mavity McCracken McNall Mills Mims Mixon Moate

Nicholson of Richmond Ogburn Overby Padgett Park Phillips Pirkle Price Pruitt Riley Rossee Salter Sharpe Sheppard Sills Smith of Carroll

Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Strickland Thompson Thrash Turner Weaver Wells of Ben Hill Whipple Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Wright

Those voting in the negative were:

Alwood Battles Boone Boynton Brewton Bridges Brunson Burnside Bynum Cannon Chance Connell Cowart Crummey Culpepper Daves Dukes Dyal Edwards Fisher Gavin Gholston Gillis

Goldberg Graham Gray Grayson Greene of Schley Guyton Hardy Hefner Hill of Clarke Hill of Troup Horne Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnston Jones Knabb Maund McEntire Mcintosh

Medders Miller Minchew Mitchell Moore of Taliaferro Nicholson of Oconee Oliver Pannell Parker Pettit Porter Powell Rees Reid Reynolds Russell Smiley Sparks Thurmond Warnock Wilbanks of Habersham Yawn

500

JOURNAL OF THE HOUSE,

Those not voting were:

Adams Alexander Allison Anderson Baker Bates Bargeron Bennett Bowen Branch Burton Campbell of Newton Clark Dallis Dorsett Elliott Fussell

Cireene of Jones Hart of Quitman Hart of Thomas Hartness Heard Hogg Holley Howard Kelly of Thomas Malone Mason
McCamy Moore of Baldwin Norman Odom Ray

Riddlespurger Roper Roughton Rountree Rowland Smith of Washington Sumner Swint Thigpen Thomas Waller Welsch Wells of Telfair Wilbanks of Cherokee Woodruff Mr. Speaker

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

On the passage of the bill, the ayes were 87, the nays 68.

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

Mr. Sharpe of Toombs gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 235.

HB 94. By Messrs. Burnside of McDuffie and Rountree of Emanuel:
A bill to be entitled an act to amend section 24-602 of the code of 1933, relating to the furnishing of dockets to magistrates; to provide for and how same shall be furnished and other blank forms; and for other purposes.
The following amendment was read and adopted:
Mr. Sills of Candler moves to amend House Bill No. 94 by striking the words "two dollars" where same appear in the last line of section 24-602 of the Cieorgia code as quoted in said bill, and by inserting in lieu thereof, the words "four dollars and fifty cents."
Mr. Hicks of Floyd moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as ame_nded.
On the passage of the bill, as amended, the ayes were 108, the nays 0.

THURSDAY, FEBRUARY 11, 1943

501

The bill having received the requisite constitutional majority was passed, as amended.
Mr. Burnside of McDuffie asked unanimous consent that House Bill No. 94 be ordered immediately transmitted to the Senate and the consent was granted.
Mr. Yawn of Dodge asked unanimous consent to introduce a bill at this time and the consent was granted.
The following bill of the House was submitted by Mr. Yawn of Dodge, read the first time, and referred to committee:
HB 416. By Mr. Yawn of Dodge:
A bill to be entitled an act to require the county commissioners of Dodge county to appoint an auditor for the county who shall be a certified public accountant; and for other purposes.
Referred to Committee on Counties and County Matters.
Under the regular order of business, the following bill of the House was taken up for consideration, read for the third time, and placed upon its passage:
HB 91. By Mr. Sheppard of Heard:
A bill to be entitled an act to repeal section 32-904 of the code of 1933 (Acts 1919, section 79, p. 321) providing the amount of compensation payable to members of county boards of education by changing the amount of such compensation, from per diem not to exceed $2.00 for each day's actual service, so as to provide that such per diem shall not exceed $5.00; and for other purposes.
The following amendment was read and adopted:
Mrs. Mankin of Fulton moves to amend House Bill No. 91 as follows: By adding to section 1 and at the end thereof the following words: "Provided that nothing herein shall apply to any county in the state having a population of 300,000 or over according to the last U. S. Federal census or any future census.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
Mr. Sheppard of Heard moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were :

Adams Alexander Allison Barfield Bargeron Bentley Boynton Brewton Broome Brunson Bynum Caldwell Campbell of Polk Cates Chance Cheshire Connell Copland Cowart Curry Dalton Daves Deal Dorsey Dukes Dunn Durden Easler Ennis Etheridge Fortson Foster Fussell Gaskins Gaston Gholston Gillis Goldberg Gowen Graham Greene of Jones Greene of Schley Guerry Guyton

Hagan

Nicholson of Richmond

Hand

Norman

Harden

Ogburn

Hartness

Oliver

Hatchett

Overby

Hefner

Padgett

Herndon

Park

Hicks

Parker

Hightower

Peele

Hill of Troup

Ray

Hooks

Rees

Hubert

Reid

Hurst

Reynolds

Jennings of Sumter

Riley

Jennings of Terrell

Rossee

Joiner

Roughton

Johns

Salter

Johnson of Chattahoochee Rowland

Johnson of Pike

Sharpe

Johnston

Sheppard

Jones

Sills

Kelly of Thomas

Smiley

Kelly of Walker

Smith of Carroll

Kendrick

Smith of Dougherty

Knabb

Smith of Oglethorpe

Livingston

Strickland

Looper

Swint

Mabry

Thigpen

Malone

Thomas

Mankin

Thompson

Martin

Thrash

Mason

Thurmond

Mavity

Turner

Maund

Waller

McCamy

Weaver

McCracken

Welch

McEntire

Wells of Ben Hill

Mcintosh

Wilbanks of Habersham

McNall

Williams of Coffee

Miller

Williams of Gwinnett

Minchew

Williams of Harris

Mitchell

Wilson

Mixon

Woodruff

Moate

THURSDAY, FEBRUARY 11, 1943

503

Those voting in the negative were:

Alwood Boone Bridges Edwards Gavin

Giddens Gilbert Gray Hogg Horne

Those not voting were:

Pannell Pettit Porter Yawn

Anderson Baker Bates Battles Bowen Bennett Branch Burnside Burton Campbell of Newton Cannon Clark Crummey Culpepper Dallis Dorsett Drake DuPree Dyal Elliott

Ferguson Fisher Gardner Gillis Grayson Hardy Hart of Quitman Hart of Thomas Heard Hill of Clarke Holley Howard Key Littlejohn Medders Mills Mims Moore of Baldwin Moore of Taliaferro Odom

Phillips Powell Price Pruitt Riddlespurger Roper Rountree Russell Smith of Muscogee Smith of Washington Sparks Sumner Warnock Wells of Telfair Whipple Wilbanks of Cherokee Willoughby Wright Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 131, the nays 14.

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

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

Mr. Speaker:

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

SR 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Terrell of the 19th and Ingram of the 51st:

504

JOURNAL OF THE HOUSE,

A resolution proposing to the qualified voters of Georgia, for ratification or rejection, an amendment to paragraph 11 of section 1 of article 11 of the constitution of the State of Georgia relating to the qualifications of electors in this state, by providing the age and qualifications for electors; and for other purposes.
By unanimous consent, the following bills of the Senate were read the first time and referred to committees:
SB 103. By Senator Moore of the 32nd district:
A bill to be entitled an act to amend an act approved August 11, 1919 (Ga. Laws 1919, pp. 682-88) creating the board of commissioners of roads and revenues for the County of Lumpkin, as amended by an act approved March 15, 1937 (Ga. Laws 1937, pp. 1366-68) providing for two additional members of said board, and for other purposes, by repealing the amendment approved March 15, 1937 (Ga. Laws, pp. 1366-68); and for other purposes.
Referred to Committee on Counties and County Matters.
SR 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Terrell of the 19th, and Ingram of the 51st districts:
A resolution proposing to the qualified voters of Georgia, for ratification or rejection, an amendment to paragraph 11 of section 1 of article 11 of the constitution of the State of Georgia relating to the qualifications of electors in this state, by providing the age and qualifications for electors; and for other purposes.
Referred to Committee on Amendments to Constitution No. l.
The following resolution of the Senate was read and adopted:
SR 45. By Senators Gross of the 31st, Pope of the 7th, Millican of the 52nd, Martin of the 13th, and Williams of the 5th districts:
A resolution inviting the Honorable Fred A. McAlister of London, Ontario, to address a joint session of the General Assembly in the Hall of the House on February 19, 1943.
Mr. Durden of Dougherty moved that the House do now adjourn until tomor- row morning at -10:00 o'clock and the motion prevailed.
Leaves of absence were granted Messrs. Kelley of Thomas, Rossee of Putnam, Welsch of Cobb, Maund of Talbot, Alexander of Chatham, Sills of Candler, Clark of Catoosa, Bowen of Pierce, Pirkle of Forsyth, Reid of Carroll, Moore of Taliaferro, and Guyton of Effingham.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

FRIDAY, FEBRUARY 12, 1943

505

Representative Hall, Atlanta, Georgia. Friday, February 12, 1943.

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 a prayer by the chaplain.

Mr. McCamy of Whitfield asked unanimous consent, that the call of the roll be dispensed with and objection was heard.

The call of the roll was ordered and the following members answered to their names:

Adams Allison Alwood Baker Bargeron Bentley Boone Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey

Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Grayson Gray Greene of Jones Greene of Schley Guerry Hagan Hand Harden Hardy Hart of Quitman

Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone Mankin Martin

506

JOURNAL OF THE HOUSE,

Mason Mavity McCamy McCracken McEntire Mcintosh McNall Medders Mims Minchew Mitchell Mixon Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Norman Odum Ogburn Oliver Overby Padgett Pannell Park Parker

Peck Pettit Phillips Porter Powell Price Pruitt Ray Reynolds Riddlespurger Riley Roper Roughton Rowland Russell Salter Sharpe Sheppard Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Sparks

Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Waller Warnock Weaver Wells of Ben Hill Whipple Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn Mr. Speaker

Mr. Gray of Houston, chairman of the Committee on Journals, reported that the journal of yesterday's proceeding had been read and found correct.

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

The journal was confirmed.

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

Mr. Speaker:

The Senate has concurred in the House amendments to the following bills of the Senate to wit:

SB 40. By Senator Millican of the 52nd:
A bill to amend chapter 79, section 501, of the code of 1933, entitled "change of names; manner; petition" by adding at the end of said section 501 a provision requiring publication in the county official organ; and for other purposes.

FRIDAY, FEBRUARY 12, 1943

507

SB 58. By Senator Bloodworth of the 22nd:
A bill to re-enact the charter of the City of Macon relative to the salary of the .mayor; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed as amended by the requisite constitutio~al majority the
following bills of the House to wit:
HB 186. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to amend an act incorporating the City of Rome, Georgia, relative to the creation of a new charter and municipal government for the City of Rome ; and for other purposes.
The following message was received from the Senate through Mr. Nevin, 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:
HB 88. By Messrs. Hill and Price of Clarke:
A bill to require all candidates for the General Assembly in counties having a population between 28,398 and 28,420 to designate and qualify for the seats in the General Assembly for all such counties and to name their incumbent opponents; and for other purposes.
HB 90. By Messrs. Hill and Price of Clarke:
A bill to provide aid, relief, and pensions relative to the charter of the Town of Athens; and for other purposes.
HB 98. By Mr. Phillips of Columbia:
A bill to create and establish a new charter for the Town of Harlem relative to zoning and planning laws for said city; and for other purposes.
HB 107. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to repeal the pension act for the County of Richmond; and for other purposes.
HB 120. By Mr. Thigpen of Glascock:
A bill to amend an act creating a board of commtss10ners of roads and revenues of Glascock county; and for other purposes.

508

JOURNAL OF THE HOUSE,

HB 121. By Mr. Thigpen of Glascock:
A bill to create a board of commissioners of roads and revenues in and for the County of Glascock, to provide for election, duties, powers; and for other purposes.
HB 141. By Messrs. Caldwell and Hill of Troup:
A bill to amend the charter of the City of LaGrange relative to the extension of the corporate limits of said city; and for other purposes.
HB 143. By Mr. Boynton of Union:
A bill to be entitled an act to amend an act to exempt certain areas in the mountain region of Georgia from the operation of a stock law for no fence law; and for other purposes.
HB 170. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal an act known as Clayton county zoning act; and for other purposes.
HB 171. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal section 2 of an act of the General Assembly known as the Clayton county tax commissioner act; and for other purposes.
HB 196. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to provide that the county registrars of DeKalb county shall prepare a separate voting list for each militia district; and for other purposes.
HB 203. By Mr. Harden of Turner:
A bill to be entitled an act to repeal an act pertammg to the creation of a new charter for the Town of Worth; and for other purposes.
HB 209. By Mr. Hogg of Marion:
A bill to be entitled an act to amend an act to create a new charter of the City of Buena Vista, Georgia ; and for other purposes.
HB 216. By Mr. Smiley of Liberty:
A bill to amend an act to establish the city court of Hinesville, Georgia; and for other purposes.
HB 224. By Mr. Johnson of Chattahoochee:
A bill to amend an act to amend, revise and supercede the several acts incorporating the Town of Cusseta, pertaining to a new charter; and for other purposes.

FRIDAY, FEBRUARY 12, 1943

509

HB 225. By Mr. Dyal of Appling:
A bill to repeal an act creating the office of tax commissioners of Appling county; and for other purposes.

HB 226. By Mr. Dyal of Appling:
A bill to repeal an act creating the office of comm1ss1oner of roads and revenues for Appling county; and for other purposes.

HB 227. By Mr. Dyal of Appling:
A bill to create a board of commissioners of roads and revenues for Appling county; and for other purposes.

HB 234. By Mr. Bowen of Pierce:
A bill to amend an act creating a board of comm1ss10ners of roads and revenues for the County of Pierce; and for other purposes.

HB 237. By Mr. Burnside of McDuffie: A bill to amend an act incorporating the Town of Thomson, pertaining to the salary of mayor of said city; and for other purposes._
HB 241. By Mr. Gaston of Butts:
A bill to create a charter of the City of Jackson; and for other purposes.
HB 250. By Mr. Heard of Elbert: A bill to amend an act to provide for a board of commissioners for the County of Elbert; and for other purposes.
HB 255. By Mr. Heard of Elbert: A bill to amend an act to provide for a board of comm1ss1oners of roads and revenues for Elbert county; and for other purposes.
HB 265. By Messrs. Hill and Price of Clarke: A bill to amend the charter of the City of Athens pertaining to expiration of commissioners offices; and for other purposes.
HB 291. By Messrs. Hill and Price of Clarke:
A bill to amend an act amending the charter of the Town of Athens, pertaining to the term of office of recorder; and for other purposes.
HR 28. By Messrs. Dorsey and Welsch of Cobb: A resolution to authorize Cobb county to issue funding bonds; and for other purposes.

510

JOURNAL OF THE HOUSE,

HR 59. By Messrs. Fortson of Wilkes and Durden of Dougherty: 'A resolution to provide for the collection of victory tax by the state treasurer; and for other purposes.
SB 81. By Senator Arnold of the 26th:
A bill to effect the filing for record mortgages, bills of sale; and for other purposes.
SB 82. By Senator Arnold of the 26th:
A bill to provide that transfers by executors or administrators with the will annexed under common form probate, of registered bonds, certificates, shares, shall be valid; and for other purposes.
SB 98. By Senators Atkinson of the 1st, Pope of the 7th and Raynor of the 4th:
A bill to amend section 29-409 of the code of Georgia, 1933, relating to the manner in which deeds shall be executed out of the state in order to authorize the record in the State of Georgia; and for other purposes.
. SB 108. By Senators Arnold of the 26th and Estes of the 35th:
A bill amending the code relating to the assignment of accounts receivable; and for other purposes.
SB 111. By Senator Bloodworth of the 23rd:
A bill to provide for holding two regular terms each year of the superior court of Houston county; and for other purposes.
SB 117. By Senators Gross of the 31st, Atkinson of the 1st, and others:
A bill to abolish the present state board of public welfare ; and for other purposes.
~B 120. By Senator Millican of the 52nd:
A bill to amend an act approved March 16, 1939, providing that counties of 200,000 shall furnish aid and relief and pensions to regular members of county police departments; and for other purposes.
SB 123. By Senator Forester of the 44th:
A bill authorizing and directing all proper officers of all counties in Georgia having certain specified populations, to pay sheriffs of said counties a certain fee; and for other purposes.
SB 124. By Senator Raynor of the 4th:
A bill authorizing and directing all proper officers of all counties in Georgia having certain specified populations, to pay sheriffs of said counties a certain fee; and for other purposes.

FRIDAY, FEBRUARY 12, 1943

511

SB 125. By Senators Kaigler of the 12th and Pope of the 7th:
A bill to amend the code providing that when a vacancy in the office of sheriff occurs because sheriff has entered the armed forces of the United States, that Governor shall appoint a competent person to act as sheriff for the unexpired term; and for other purposes.

SR 44. By Senators Shannon of the 21st, Cooper of the 14th, Bloodworth of the 23rd, and others:
A resolution memorializing Congress to authorize and direct a bridge across the Ocmulgee River; and for other purposes.

Mr. Mason of Morgan moved to instruct the Committee on Amendments to the Constitution No. 2 to make its report to the House on the following bill and resolution: House Bill No. 116 and House Resolution No. 31-118A, being based on Rule 199 and having given notice of this motion.

Mr. Culpepper of Fayette moved that the House instruct the Committee on Amendments to Constitution No. 2, to report House Bill No. 116 and House Resolution No. 31-118 back to the House with their recommendations not later than Wednesday, February 17, 1943.

Mr. Mason of Morgan withdrew his motion, and the motion of Mr. Culpepper

prevailed.



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

1. Introduction of bills and resolutions. 2. First readings and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate hills. 6. Third reading and passage of uncontested local bills.

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

HR 97. By Mr. Durden of Dougherty:

A RESOLUTION

Be it resolved by the House that the following bills and resolutions be and the same are hereby established as a special and continuing order of business at the head of the calendar for today, to wit:

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JOURNAL OF THE HOUSE,

(I) SB 43. Providing for establishment of birth certificates. (2) HR 82-320A. Naming Frank D. Foley member W. & A. Commission. (3) HB 369. Relating to Fulton county. (4) HB 364. Relating to Dade county. (5) HB 332. Relating to Rockdale county. (6) HR 76-306B. Relating to Union county. (7) HR 75-306A. Relating to Evans county. (8) HB 282. Relating to DeKalb county. (9) HB 240. Fees of clerks in certain counties. ( 10) HB 236. Fertilizer inspectors. (II) HB 206. Rights of wife and liabilities of husband. ( 12) HR 43-198A. Berrien county constitutional amendment. (13) HB 197. Relating to DeKalb county. ( 14) HR 40-I53A. Georgia and Tennessee boundary. (15) HB 153. Relating to Fulton county. ( 16) HB 145. Conveying property to City of Griffin. (17) HB 155. Terms of court in Henry county. ( 18) HR 38-133C. Spaulding county constitutional amendment. (19) SB 63. Relating to Chattahoochee county. (20) SB 61. Relating to Fulton county.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time, and referred to committees:
HB 417. By Mr. Wright of Gilmer: A bill to be entitled an act to repeal the act creating the office of commissioner of roads and revenues for Gilmer county; and for other purposes. Referred to Committee on Counties and County Matters.

HB 418. By Mr. Wright of Gilmer:
A bill to be entitled an act to create the office of county commissioner of Gilmer county; to create an advisory board; and for other purposes.
Referred ta Committee on Counties and County Matters.

FRIDAY, FEBRUARY 12, 1943

513

HB 419. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend the homestead exemption from taxes law to include persons in the armed forces; and for other purposes.
Referred to Committee on Ways and Means.

HB 420. By Messrs. Gowen and Gilbert of Glynn, Grayson, MeN all and Alexander of Chatham, Ferguson of Camden, Mcintosh of Mcintosh, Smiley of Liberty, Dukes of Bryan, Durden of Dougherty, McCracken of Jefferson, Connell of Lowndes, Hand of Mitchell and Hagan of Screven:
A bill to be entitled an act to authorize the State of Georgia to enter into a compact with each or all of the states on the Atlantic Seaboard to promote the better utilization of the fisheries, marine, shell and anadromous of the Atlantic seaboard; to create the Atlantic States Marine Fisheries Commission; and for other purposes.
Referred to Committee on Interstate Cooperation.

HB 421. By Messrs. Gholston of Madison, Price and Hill of Clarke:
A bill to be entitled an act to amend the charter of the Town of Hull to authorize the mayor and council to regulate the use of its streets for business purposes ; and for other purposes.
Referred to Committee on Municipal Government.

HB 422. By Messrs. Key of Jasper and Dorsey of Cobb:
A bill to be entitled an act to amend the income tax laws to provide a $2500.00 exemption for a Widow, widower or divorced person having a minor child; and for other purposes.
Referred to Committee on Ways and Means.

HB 423. By Messrs. Riley of Peach. and Key of Jasper:
A bill to be entitled an act to provide that any county tax collector may appoint deputies tp assist in the performance of the duties of his office; and for other purposes.
Referred to Committee on Ways and Means.

HB 424. By Mr. Mixon of Irwin:
A bill to be entitled an act to amend the absentee voters law to simplify voting and provide commissioned officers of the army may witness said ballot; and for other purposes.
Referred to Committee on State of Republic.

514

JOURNAL OF THE HOUSE,

HB 425. By Mr. Woodruff of Barrow:
A bill to be entitled an act to regulate the labeling and sale of agricultural, vegetable and certain forest tree seeds; and for other purposes.
Referred to Committee on General Agriculture No. I.
HB 426. By Messrs. Thompson and Hatchett of Meriwether:
A bill to be entitled an act to provide the ordinary of each county shall keep a roster of all persons serving in the armed forces, together with certain information; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 427. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend chapter 113-1707 of the code of 1933, relative to sale of land by administrator or executor to provide in no event shall the sale be legal until after leave to sell has been granted by the ordinary; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 428. By Messrs. Hatchett of Meriwether and Key of Jasper:
A bill to be entitled an act to amend the act relating to the sale of fertilizer or fertilizer material to provide for the registration and method of reporting; and for other purposes.
Referred to Committee on General Agriculture No. 1.
HB 429. By Messrs. Smith, Copland and Elliott of Muscogee:
A bill to be entitled an act to amend the laws relating to elections to provide the hours certain precincts shall remain open for voting; and for other purposes.
Referred to Committee on Privileges and Elections.
HB 430. By Messrs. Smith and Copland of Muscogee: A bill to be entitled an act to amend section 4~214 of the code of 1933, to provide that death of a person who has executed a power of attorney, under certain circumstances, shall have the same force and effect as though coupled with an interest in the property; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HR 92-430A. By Messrs. Smith, Copland and Elliott of Muscogee and Durden of Dougherty:
A resolution proposing an amendment to article 5, section 16, paragraph 1,

FRIDAY, FEBRUARY 12, 1943

515

of the constitution to provide members of the army who have resided in the state for a year may file suits for divorce; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
HR 93-430B. By Mr. Johns of Brantley:
A resolution proposing an amendment to article 7, section 16, paragraph 2, of the constitution to provide county commissioners may supplement the fees of a sheriff with a monthly salary; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HB 431. By Messrs. Durden of Dougherty and Grayson of Chatham:
A bill to be entitled an act to amend section 69-308 of the code of 1933, to provide a person must give notice of injury before suit and state the time, place, character and extent of injury and amount of damages claimed; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HR 94-431A. By Messrs. Durden and Smith of Dougherty:
A resolution authorizing the State Librarian to furnish certain law books to Dougherty county; and for other purposes.
Referred to Committee on Public Library.
HR 95-431B. By Mr. Gholston of Madison:
A resolution relieving J. M. LaCount as surety on the bond of Dave Meadow; and for other purposes.
Referred to Committee on Special Judiciary.
HR 96-431C. By Mr. Key of Jasper: A resolution urging all departments of the state government and all business concerns to turn over to the government all typewrite'rs not absolutely necessary in their work:; and for other purposes. Referred to Committee on St~te of Republic.
HB 432. By Mr. Porter of Gordon:
A bill to be entitled an act to raise the salary of the commissioner of Gordon county to $3,000.00 per year; and for other purposes.
Referred to Committee on Counties and County Matters.
Mr. Foster of Paulding County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Amendments to Constitution No. 1 have had under 'consideration the following bill and resolution of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 14-16C. Do Pass by substitute.

SR 15. Do Pass.

Respectfully submitted, Foster of Paulding, Chairman.

Mr. Foster of Paulding County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 1 have had under consideration the following bill and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 402. Do Pass.
HR 91-405A. Do Pass.
HR 52-217B. Do Pass. Respectfully submitted, Foster of Paulding, Chairman.

Mr. Riley of Peach County, Chairman of the Committee on Corporations, submitted the following report:

Mr. Speaker:

Your Committee on Corporations 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:

HB 406. Do Pass.

HB 333. Do Pass.

SB 74. Do Pass.

Respectfully submitted,

Riley of Peach, Chairman.

FRIDAY, FEBRUARY 12, 1943

517

Mr. Sills of Candler 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:

HB 375. Do Pass.

HB 386. Do Pass.

HB 376. Do Pass.

HB 390. Do Pass.

HB 395. 'Do Pass.

HB 400. Do Pass.

HB 404. Do Pass.

HB 399. Do Pass.

SB 99. Do Pass.

SB 103. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

l\1r. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House to wit:
HB 257. HB 259. HB 260.
Respectfully submitted,
Johnson of Chattahoochee, Chairman.

JOURNAL OF THE HOUSE,

Mr. Hicks of Floyd County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 362. Do Not Pass. HB 214. Do Pass. HB 391. Do Pass. SB 62. Do Pass. SB 22. Do Pass.
SB 24. Do Pass.
SB 25. Do Pass. SB 31. Do Not Pass.
Respectfully submitted,
Hicks of Floyd, Chairman.

Mr. Price of Clark 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 bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 387. Do Pass.

Respectfully submitted,

Price of Clark, Chairman.

Mr. Rossee of Putnam 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

FRIDAY, FEBRUARY 12, 1943

519

following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 317. Do Pass.
HB 76. Do Not Pass. Respectfully submitted, Rossee of Putnam, Chairman.

Mr. Kelly of Thomas 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 recommendations:

SB 65. Do Pass.

Respectfully submitted,

Kelly of Thomas, Chairman.

Mr. McCracken of Jefferson 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 resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 11. Do Pass by substitute.
HB 16. Do Pass by substitute.

HB 100. Do Not Pass.

HB 318. Do Pass.

HB 342. Do Pass.

HB 322. Do Pass by substitute.

HB 413. Do Pass by substitute.

SR 21. Do Pass.

SB 73. Do Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

520

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
HB 11. By Messrs. Wells of Ben Hill, McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Etheridge of Fulton, Key of Jasper, MeN all and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Fortson of Wilkes, Allison of Gwinnett, Foster of Paulding, Hand of Mitchell, Gowen of Glynn, Goldberg and Hurst of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Nicholson and Holley of Richmond, Smith of Muscogee, Hagan of Screven and Dalton of Banks:
A bill to be entitled an act to establish a teacher retirement system of Georgia; and for other purposes.
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Etheridge of Fulton, MeNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Hagan of Screven, Hand of Mitchell, Key of Jasper, Gowen of Glynn, Hurst and Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Gillis of Treutlen, Crummey of Wilcox, Heard of Elbert, and Smith of Dougherty:
A bill to be entitled an act to establish a board to be known as agricultural and industrial board of Georgia, to perfect plans for development of agricultural, land and water utilization, flood control, conservation, land settlement, reforestation, tree-cutting, watershed protection, public health, water supply reservations; and for other purposes.
HB 214. By Messrs. Powell of Stephens and Bynum of Rabun:
A bill to be entitled an act to amend paragraph 1 of section 24-2615 of the code of 1933, by divesting superior courts of jurisdiction in misdemeanor cases in counties having a city or county court; and for other purposes.
HB 317. By Messrs. Crummey of Wilcox and Rossee of Putnam:
A bill to be entitled an act to adopt a system of coordinates for designating positions of points within the state for surveying; and for other purposes.
HB 318. By Messrs. Cannon of Rockdale and Rossee of Putnam:
A bill to be entitled an act to repeal section 84-102 of the code of 1933, and substituting a new section pertaining to the duties of the secretary of state and the joint-~ecretary of the state examining boards; and for other purposes.
HB 333. By Messrs. Dyal of Appling, Adams of Wheeler, Fisher of Jeff Davis, Willoughby of Clinch, Drake of Seminole, Mills of Decatur, and Bates of Ware:

FRIDAY, FEBRUARY 12, 1943

521

A bill to be entitled an act to amend section 65-203 of the code of 1933, to provide a charter to non-profit cooperative associations for fifty years instead of twenty; and for other purposes.
HB 342. By Messrs. Alexander and Grayson of Chatham:
A bill to be entitled an act to provide for the confirmation by the Senate of all appointees of the Governor to all boards, commissions, bureaus and public offices; and for other purposes.

HB 375. By Mr. Fussell of Webster:
A bill to be entitled an act to fix the salary of the commiSSioner of roads and revenues of Webster county at $1800.00 per annum; and for other purposes.
HB 376. By Mr. Fussell of Webster:
A bill to be entitled an act to fix the salary of the tax commiSSioner of Webster county; and for other purposes.
H B 386. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to authorize the commiSSIOner of roads and revenues of Cobb county to sell or lease the county farm; and for other purposes.
HB 387. By Messrs. Allison and Williams of Gwinnett, Moore of Baldwin, Price of Clarke, Brunson of Bulloch, Gardner of Mitchell, Caldwell of Troup and Fortson of Wilkes:
A bill to be entitled an act to abolish the state library commiSSIOn and transfer its functions and services to the state board of education; and for other purposes.
HB 390. By Mr. Daves of Dooly:
A bill to be entitled an act to fix the salary of the commissioners of roads and revenues of Dooly county at $400.00 per annum each; and for other purposes.

HB 391. By Messrs. Weaver of Bibb, Connell of Lowndes and Dorsey of Cobb:
A bill to be entitled an act to authodze administrators, executors or other trustees to convey rights of way and easements to the United States, the State of Georgia, or any sub-division or department thereof, or to any person, firm or corporation having the right of eminent domain; and for other purposes.

522

JOURNAL OF THE HOUSE,

HB 395. By Mr. Hogg of Marion:
A bill to be entitled an act to authorize the commissioner of Marion county to pay the premium on the bond of the county treasurer; and for other purposes.
HB 399. By Mr. Rossee of Putnam:
A bill to be entitled an act to amend the several acts creating a board of commissioners of roads and revenues of Putnam county to require a bond from each commissioner; to require annual audits of county affairs and publication of same; and for other purposes.
HB 400. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend the acts creating the county court of Clinch to provide the Governor shall fill vacancies in the office of solicitor for the unexpired term; and for other purposes.
HB 402. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act proposing an amendment to article 6, section 7, paragraph I, of the constitution to provide that the General Assembly may abolish justice courts and the office of justice of peace in Glynn county; and for other purposes.
HB 404. By Mr. Padgett of Echols:
A bill to be entitled an act to provide for three commissioners districts in Echols county; to provide each candidate shall designate the district he seeks to represent; and for other purposes.
HB 406. By Mr. Etheridge of Fulton:
A bill to be entitled an act to amend the corporations act to provide a corporation may reimburse officers and directors for expenses incurred in defending any groundless action, suit or proceeding; and for other purposes.
HB 413. By Messrs. Cheshire and Riddlespurger of Colquitt, Durden and Smith of Dougherty, Miller of Lanier, Hurst of Coweta, Connell of Lowndes, Jones of Grady, and Crummey of Wilcox:
A bill to be entitled an act to authorize the operation of picture shows on Sunday within thirty miles of any army or navy camp, air bases, hospital areas or other bases; and for other purposes.
HB 422. By Messrs. Key of Jasper and Dorsey of Cobb:
A bill to be entitled an act to amend the income tax laws to provide a $2500.00 exemption for a widow, widower or divorced person having a minor child ; and for other purposes.

FRIDAY, FEBRUARY 12, 1943

523

HR 14-16C. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of Jefferson, Grayson of Chatham, Hagan of Screven, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, and Nicholson and Holley of Richmond:
A resolution proposing to the voters of the State of Georgia an amendment to article 5 of the constitution by adding a new paragraph to be designated paragraph 1 of section 4 of article 5 to create a game and fish commission, a director therefor; and for other purposes.
HR 52-217B. By Messrs. Easler of Crawford and Kendrick of Fulton:
A resolution proposing an amendment to article 7, section 2, paragraph 3, of the constitution so as to provide any person in arrears in poll tax payments may pay $2.00 and be reinstated; and for other purposes.
HR 91-405A. By Mrs. Mankin of Fulton, Messrs. Culpepper of Fayette, Weaver of Bibb, Park of Greene and Key of Jasper:
A resolution proposing an amendment to article 6, section 2, paragraph 6, of the constitution providing for the disposition of cases in the supreme court and court of appeals where the filing of the bill of exceptions and, copy of record is delayed by the clerk of the trial court; and for other purposes.
SB 22. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to provide for the sale and transfer by guardians, administrators, executors, trustees and other evidence of indebtedness; and for other purposes.

SB 24. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks or bonds which are listed upon a stock ex&ange; and for other purposes.
SB 25. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to amend an act of the General Assembly of the State of Georgia, 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 have an interest; and for other purposes.
SB 62. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize and make lawful the investment of funds of municipalities, counties, and school districts in war bonds and other valid obligations of the United States; and for other purposes.

524

JOURNAL OF THE HOUSE,

SB 65. By Senators Terrell of the 19th, and Williams of the 5th districts:
A bill to be entitled an act to preserve the eligibility of certain newspapers to be designated as official organs for the publication of legal advertisements when such newspapers have been forced to suspend publication because of the exigencies of war; and for other purposes.
SB 73. By Senators Gross of the 31st, Forester of the 44th, and Kennedy of the 2nd districts:
A bill to be entitled an act to amend an act entitled "an act to create a Department of Public Safety for 'Georgia," (Ga. Laws 1937, pages 322 et seq.) and all acts amendatory thereof by providing certain fees for the sheriffs of the several counties of this state; and for other purposes.
SB 74. By Senator Boyett of the 11th district:
A bill to be entitled an act to amend the act approved August 19, 1912, which was an amendment to an act approved January 15, 1854, incorporating Andrew Female College; to provide for changes in the number of trustees; and for other purposes.
SB 99. By Senator Bacon of the 28th district:
A bill to be entitled an act to fix the salary of the clerk of the county commissioners of Morgan county at $65.00 per month; and for other purposes.
SB 103. By Senator Moore of the 32nd district:
A bill to be entitled an act to amend the several acts relating to the board of commissioners of roads and revenues of Lumpkin county ; and for other purposes.
SB IS. By Senator Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Terrell of the 19th, Ingram of the 51st, Kennedy of the 2nd and Foster of the 40th districts:
A resolution proposing to the qualified voters of Gt!orgia, for ratification or rejection, an amendment to Paragraph 2 of Section! of Article 2 of the Constitution of the State of Georgia relating to the qualifications of electors in this State, by providing the age and qualifications for electors; and for other purposes.
SR 21. By Senator Millican of the 52nd district:
A resolution proposing to the qualified voters of Georgia an amendment to Article 6, Section 3, Paragraph I of the Constitution of Georgia, by adding to said paragraph the following amendment: "Provided that in the Atlanta Judicial Circuit the terms of the judges of the Superior Court whose terms commence after the adoption of this amendment shall be six years; and for other purposes.

FRIDAY, FEBRUARY 12, 1943

525

By unanimous consent, the following bills and resolutions of the Senate were read the first time, and referred to the committees:
SB 81. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend an act found in Georgia laws 1937, pages 760-61, the effect of filing for record mortgages, bills of sales, contracts; to provide for renewal of such notice; and for other purposes.
Referred to Committee on General Judiciary No. 2.
SB 82. By Senator Arnold of the 26th district:
A bill to be entitled an act to provide that transfers by executors or administrators with the will annexed under common form probate, of registered bonds,. certificates, shares, shall be valid; and for other purposes.
Referred to Committee on General Judiciary No. 2.
SB 98. By Senators Atkinson of the 1st, Pope of the 7th, and Raynor of the 4th districts:
A bill to be entitled an act to amend Section 29-409 of the Code of Georgia (Ga. Laws 1924, pages 58-59) relating to the manner in which deeds shall be executed out of the state in order to authorize the record in the State of Georgia; and for other purposes.
Referred to Committee on General Judiciary No. 2.
SB 108. By Senators Arnold of the 26th and Estes of the 35th districts:
A bill to be entitled an act to amend the Code of Georgia of 1933 by amending Code Section 85-1803 as it relates to the assignment of accounts receivable; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 111. By Senator Bloodworth of the 23rd district:
A bill to be entitled an act to provide for holding two regular terms each year of the Superior Court of Houston county, Georgia; to change and fix the time for holding the same ; and for other purposes.

Referred to Committee on Special Judiciary.
SB 117. By Senators Gross of the 31st, Atkinson of the 1st, Lester of the 18th, Bloodworth of the 22nd, Bloodworth of the 23rd, Millican of the 52nd, Pope of the 7th and Forester of the 44th districts:
A bill to be entitled an act to abolish the present state board of public welfare; to repeal Section 3 of the act of the General Assembly approved Feb-

526

JOURNAL OF THE HOUSE,

ruary 26, 1937 (Ga. Laws 1937, pp. 355 et seq.) relating thereto; and for other purposes. Referred to Committee on State of Republic.
SB 120. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act approved March 16, 1939 (Ga. Laws 1939, page 278), entitled "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; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 123. By Senator Forester of the 44th district:
A bill to be entitled an act authorizing and directing all proper officers of all counties in Georgia having certain specified populations, pay sheriffs of said counties $100.00 per month, in addition to fees now paid; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 124. By Senator Raynor of the 4th district:
A bill to be entitled an act to authorize the ordinaries and county treasurers and/or other officers of all counties in the State of Georgia having a population of not more than five thousand nine hundred and fifteen (5,915), not less than (5,890), according to the Federal census of 1940; to pay the sheriffs a salary; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 125. By Senators Kaigler of the 12th and Pope of the 7th districts:
A bill to be entitled an act to amend Section 24-2803 of the Code of Georgia by adding a proviso thereto, providing that when a vacancy in the office of sheriff has entered the armed forces of the United States, that the Governor shall appoint a competent person to act as sheriff for the unexpired term; and for other purposes.
Referred to Committee on State of Republic.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage: -
HB 247. By Mr. Reynolds of Clayton:
A bill to be entitled an act to amend an act known as the Clayton-commissioners-Amendments, Act 119 Georgia Laws 1931 pages 818-823, to repeal the abolition of Panhandle militia district, to repeal the provision of said amendment relating to the election of county commissioners; to empower

FRIDAY, FEBRUARY 12, 1943

527

the ordinary and clerk of superior court to purchase office supplies; and for other purposes.
The report 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 nayes 0.
The bill having received the requisite constitutional majority was passed.
HB 329. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton:
A bill to be entitled an act to change the method of fixing the salaries of the clerk of the superior court, tax collector, tax receiver, ordinary and sheriff of Fulton county, and to set the amounts of such salaries by law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 355. By Mr. Thomas of Chattooga:
A bill to be entitled an act to amend an act entitled "an act to establish the cit court of Chattooga county, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Sharp of Toombs moved that the House reconsider its action in failing to pass the following bill of the House:
HB 235. By Messrs. Drake of Seminole, Mims of Miller, Fortson of Wilkes, Harris of Richmond, McCracken of Jefferson, Bargeron of Burke, Hart of Quitman, Turner of DeKalb, Curry of Randolph, and Odom of Baker:
A bill to be entitled an act to fix the salary of the commissioner of labor of Georgia at $6,000.00 per annum; and for other purposes.
On the motion to reconsider House Bill No. 235, the ayes were 101, the nays 6. The motion to reconsider House Bill No. 235 prevailed and the bill was placed at the foot of the calendar.
The following report of the Committee on Rules was read and adopted:

528

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Rules having met and had under consideration a resolution establishing a special and continuing order of business at today's session, recommends
. that the same do pass.
Mr. Durden of Dougherty, Vice-Chairman.

HR 97. By Mr. Durden of Dougherty:
A RESOLUTION. Be it resolved by the House that the following bills and resolutions be and the same are hereby established as a special and continuing order of business at the head of the calendar for today, to-wit: ( 1) SB 43. Providing for establishment of birth certificates. (2) HR 82-320A. Naming Frank D. Foley member W. & A. Commission. (3) HB 369. Relating to Fulton county. (4) HB 364. Relating to Dade county. (5) HB 332. Relating to Rockdale county. (6) HR 76-306B. Relating to Union county. (7) HB 75-306A. Relating to Evans county. (8) HB 282. Relating to DeKalb County. (9) HB 240. Fees of clerks in certain counties. (10) HB 236. Fertilizer inspectors. ( 11) HB 208. Rights of wife and liabilities of husband. (12) HR 43-198A. Berrien county constitutional amendment. ( 13) HB 197. Relating to DeKalb County. ( 14) HR 40-153A. Georgia and Tennessee boundary. (15) HB 153. Relating to Fulton county. (16) HB 145. Conveying property ,to City of Griffin. (17) HB 155. Terms of court in Henry county. ( 18) HR 38-133C. Spalding county constitutional amendment. (19) SB 63. Relating to Chattahoochee county. (20) SB 61. Relating to Fulton county.

FRIDAY, FEBRUARY 12, 1943

529

By unanimous consent, House Resolution No. 91 was adopted.
Under the special and continuing order of business established by House Resolulution No. 91 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
SB 43. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize superior courts of the State of Georgia to hear and determine time and place of birth of persons ; and for other purposes.

The following substitute to Senate Bill No. 43 was read:
By Messrs. Harris of Richmond, Durden of Dougherty, McCamy of Whitfield, Hagan of Screven and Fortson of Wilkes:
An act to provide for the registration of births which occurred within the State of Georgia or within any other state in the United States which are not on record in the office of the Georgia department of public health, the office of the ordinary, the office of the city or county health department, or the proper office in the state in which such birth occurred; to designate the persons who may make application for such registration and the place at which such application shall be made; to provide for the method of making such application, the contents of such application and the fee to be paid in connection therewith; to designate the person who shall receive and examine such application and issue such certificate of birth; to provide for the examination of such applications and supporting evidence and to provide for the filing of such birth certificates and the second originals thereof; to provide for the issuance of delayed birth certificates where satisfactory documentary evidence is not available; to provide for the forms on which delayed birth certificates shall be issued and to provide that a certified copy of the original record of the two originals of such delayed birth certificates shall be admissible in evidence in all courts of record in the State of Georgit; to specify the purpose for which fees received under the terms of this act shall be disbursed; to repeal all laws or parts of laws in conllict herewith; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section l. Whenever a birth which occurred in the State of Georgia or in any other state of the United States is not on record in the office of the Georgia department of public health, the office of the ordinary, the office of the city or county health department, or the proper office in the state in which such births occurred, application for the registration of the birth may be made by the interested person to the ordinary of the county of such persons residence in Georgia or the county of such persons birth.

530

JOURNAL OF THE HOUSE,

Section 2. The application for registration of births shall be sworn to by the person making application before a person authorized to administer oaths under the laws of Georgia, and such application shall set .forth all the facts required on the delayed certificate of birth to be prescribed by the Georgia department of public health, and such application shall be supported by such evidence as shall be prescribed by the Georgia department of public health. The application and evidence shall be accompanied by an examination fee of $2.00 and a filing fee of SOc, a total fee of $2.50.
Section 3. Any employer in Georgia may, upon the approval of the Georgia department of public health, employ a person to issue delayed birth certificates under ' the terms of this act. The person to be employed shall first be approved by the Georgia department of public health and upon such approval he shall be deputized by the ordinary of the county in which he is to work. When such person is deputized, as herein provided, he shall have the same power and authority as the ordinary has under the terms of this Act. Whenever such person is employed and deputized, the fee herewith provided shall be disbursed as follows: 50c of same shall be forwarded to the Georgia department of public health for the filing and recording of such delayed birth certificate and the remainder of said fee shall be paid to the ordinary of the county in which such delayed certificate of birth is issued for filing the evidnce and making a certified copy of the delayed certificate of birth for the applicant.
Section 4. The ordinary or deputy herein provided for shall examine the evidence and application and if satisfied that the facts set forth in the application are true and that the evidence authorizes the issuance of the delayed certificate of birth under the rules and regulations to be issued by the Georgia department of public health, he shall issue an original and a second original delayed certificate of births to the applicant. The first original of the delayed certificate of birth shall be forwarded to the Georgia department of public health, together with the filing fee of 50c within five days from the date of the approval of the certificate by the ordinary or deputy who shall retain the second original of the certificate for his files. In the event that satisfactory documentary evidence is not available and it is impossible for the applicant to furnish evidence as required by section 2 of this act, then the ordinary shall take the testimony of the applicant and such witnesses as he may care to produce and shall file a transcript of the testimony in his office, if such testimony authorizes an issuance of the delayed birth certificate under the rules and regulations to be issued by the Georgia department of public health. The ordinary or the deputy may issue the delayed certificate of birth as herein provided and shall forward
a transcript of the testimony, together with the original copy of the delayed cer-
tificate of birth, to the Georgia department of public health.
Section 5. The delayed certificate of birth shall be on a form prescribed by the Georgia department of public health and shall be properly signed by the ordinary of the deputy herein provided for.
Section 6. A certified copy of the original delayed certificate of birth from the files of the Georgia department of public health, or from the second original re-

FRIDAY, FEBRUARY 12, 1943

531

tained by the ordinary, shall be admissible in evidence in all courts of record in the State of Georgia.
Section 7. The Georgia department of public health shall keep a correct account of all fees received under the terms of this act and shall use the same in the administration of this act.
Section 8. All laws or parts of laws in conflict with the terms of this act are hereby repealed.
Section 9. This act shall become effective immediately upon its passage and approval.
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 118, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
HR 82-320. By Messrs. Harris_ of Richmond, Copeland, Elliott and Smith of Muscogee:
A resolution naming Frank D. Foley, of Columbus, member of the board of the Western and Atlantic Railroad.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
HB 369. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to authorize boards of education of Cities or counties of a population in excess of two hundred thousand to establish and operate schools on a twenty-four-hour basis and to pay the cost thereof; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 364. By Mr. Peck of Dade:
A bill to be entitled an act to authorize and direct the ordinaries and county treasurers of all counties in the State of Georgia having a population of not

532

JOURNAL OF THE HOUSE,

more than 5,900 nor less than 5,890 because of the extra duties imposed on the sheriffs of such counties by reason of national defense and home guard activities, to pay the said sheriffs of the counties the sum of $100 per month in addition to the fees and compensation paid to said 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 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 332. By Mr. Cannon of Rockdale:
A bill to be entitled an act to prohibit and to regulate within the territorial limits of any county in this state having a population of 7,720 or 7,730, according to the United States census of 1940, or any other census, the solicitation of votes for any person or proposition; for restricting the distribution of cards and pamphlets, and to provide for police protection at the polls in all said counties, to provide penalties, etc., and for other purposes.
The report of the committeee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
HR 76-306B. By Mr. Boynton of Union:
A resolution providing that the State Department of Natural Resources deed to Union county a certain tract of land; 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 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
HR 75-306A. By Mr. Brewton of Evans.
A resolution authorizing the Governor and commissioner of agriculture to deed the Farmers Market located in Claxton to a board of trustees to operate; 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 113, the nays 0.
The bill having received the requisite constitutional majority was passed.

FRIDAY, FEBRUARY 12, 1943

533

HB 282. By Messrs. Hubert, Turner and Broom of DeKalb:
A bill to be entitled an act to amend the Code, section 32-902, so as to provide that no member of a board of education can succeed himself for a period of two years in certain counties of this state; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, the following resolution of the House was read for the first time and referred to the committee:
HR 99-432A. By Mr. Woodruff of Barrow:
A resolution providing residents oi this state in the armed forces outside the territorial limits of the United States are relieved from making income tax returns until three months after his return to this country; and for other purposes.
Referred to Committee on Ways and Means.
The following resolutions of the House and Senate were read and adopted:
SR 44. By Senators Shannon of the 21st, Cooper of the 14th, Bloodworth of the 23rd, Lester of the 18th, Martin of the 13th, Peterson of the 15th, Harrison of the 17th, Bloodworth of the 22nd, and Lovett of the 16th districts:
A resolution to memoralize the National Congress to authorize and direct a bridge across the Ocmulgee River at some suitable location opposite or in proximity to Warner-Robbins Field and Cochran Field in the County of Houston, State of Georgia, connecting with the Macon-Cochran short route in the County of Twiggs and providing quick access and direct connection to Camp Wheeler in the County of Bibb; and for other purposes.
HR 98. By Mr. Fortson of Wilkes:
A RESOLUTION.
Whereas, it is necessary for the successful prosecution of the war that food be provided not only for our own need~ but for those of our allies and the inhabitants of conquered territory, and since the United States of America is the granary of the world and the State of Georgia one of the principal agricultural states of the union,
Therefore, be it resolved that the House of Representatives of the General Assembly of Georgia requests that the citizens of Georgia utilize all available land for the raising of foodstuffs,

534

JOURNAL OF THE HOUSE,

And that the people be urged to plant home gardens in order to provide for the needs of each family.
Mr. Durden of Dougherty moved that the House do now adjourn until 10:00 Monday morning, and the motion prevailed.
Leaves of absence were granted Messrs. Harden of Turner and Foster of Paulding.
The speaker announced the House adjourned until Monday morning at 10:00 o'clock:.

MONDAY, FEBRUARY 15, 1943

535

Representative Hall, Atlanta, Ga. Monday, February 15, 1943.

The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker and opened with prayer by Dr. J. C. Wilkerson, of Athens, Georgia.

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

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bentley Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis

Dalton Daves Deal Dorsett Dorsey Drake Dunn DuPree Durden Dyal Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Fussell Gardner
Gaskins Gaston Gavin Gholson Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schcley Guerry Hagan Hand Hardy

Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Jones Kelly! of Thomas Kelly of Walker Kendrick Key Knabb Livingston Looper Mabry Malone Mankin Martin Mason Maund McCamy

536

JOURNAL OF THE HOUSE,

McCracken McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Oliver Overby Padgett Pannell Park Parker Peck Pettit

Phillips Pirkle Porter Powell Price Pruitt Ray Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington

Sparks Strickland Sumner Swint Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff 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.

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.

2. First reading and reference of House bills and resolutions.

3. Reports of standing committees.

4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.

MONDAY, FEBRUARY 15, 1943

537

The following resolution of the House was read and referred to the Committee on Rules:
HR 100. By Mr. Durden of Dougherty:
A RESOLUTION.
Be it resolved by the House that the fo1lowing bills and resolutions be, and the same are hereby, established as a special and continuing order of business, to-wit:
HB 366. General bill with local application to Crawford county. 1. HR 57-2378. Relating to Troopers Bauchamp and Langston. 2. 2R 14-16C. Constitutional amendment-Game and Fish Commission. 3. HR 91-405A. Constitutional amendment relating to procedure for appellate courts. 4. HB16. Creating Agricultural and Industrial Board of Georgia. 5. HB 413. Entertainment for soldiers and sailors. 6. HB 402. Constitutional amendment-Glynn County. 7. SB 73. Sheriff's fee bill. 8. SR 33. Metal date strips for automobile tags. 9. SR 53. Amending banking law.
10. HB 175. Changing time of filing homestead exemptions. 11. H B 217. Segregation of prisoners. 12. HB 307. Title insurance. 13. HR 56-237A. Payment, for silver purchased. 14. SB 65. Preserving eligibility of newspapers. 15. SB 25. Relating to year's support. 16. SB 52. Deposits of deceased depositors.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time and referred to committees:
HB 433. By Mrs. Guerry of Macon and Mr. Hatchett of Meriwether: A bill to be entitled an act to prescribe the qualifications of county school superintendents, and for other purposes.
Referred to Committee on Education No. 1.

538

JOURNAL OF THE HOUSE,

HB 434. By Mr. Brewton of Evans:
A bill to be entitled an act to amend the charter of the City of Claxton to fix the salaries of city officials and employees; and for other purposes.
Referred to Committee on Municipal Government.

HB 435. By Messrs. Grayson, Alexander and MeN all, of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah to extend the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.

HB 436. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to provide for the filing, docketing and recording of deeds, mortgages, contracts, liens, conveyances and all instruments that affect title to realty in counties having a city located therein, in whole or in part, with a poppulation of 200,000 or more; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 437. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to create a DeKalb county waterworks advisory board; to define and prescribe the powers and authority of such board, and for other purposes.
Referred to Committee on Counties and County Matters.
HB 438. By Messrs. Hubert, Brooll}e and Turner of DeKalb:
A bill to be entitled an act to fix the salary for the court reporter of the Stone Mountain judicial circuit; and for other purposes.
Referred to Committee on Special Judiciary.
HB 439. By Mr. Hubert of DeKalb:
A bill to be entitled an act to amend section 24-3348 of the Code of 1933 to provide if the recovery at law or equity does not exceed $500.00 the court may order the proceeds paid to the prochein ami for the use of the infant without bond; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 440. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to create a DeKalb county planning commission and a board of zoning appeals; and for other purposes.
Referred to Committee on Counties and County Matters.

MONDAY, FEBRUARY 15, 1943

539

HB 441. By Messrs. Goldberg and Hurst of Coweta:
A bill to be entitled an act to repeal the charter of the City of Moreland and to create a new charter fGr said city; and for other purposes.
Referred to Committee on Municipal Government.
HB 442. By Mr. Livingston of Polk:
A bill to be entitled an act to require all practicing physicians, doctors and hospitals to publish a list of all patients who have died while being treated by them; to publish the names and addresses of such deceased persons and reasons for their deaths; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 443. By Messrs. Bargeron and Cates of Burke: A bill to be entitled an act to amend the act establishing the city court of Waynesboro to provide for trial by a .;ury of six when twelve jurors are not demanded; and for other purposes.
Referred to Committee on Special Judiciary.
HB 444. By Messrs. Weaver, Barfield and Wilson of Bibb: A bill to be entitled an act to provide for holding six regular terms each year of the superior court of Bibb county, and fix the time of holding same; and for other purposes.
Referred to Committee on Special Judiciary.
HB 445. By Mr. Dorsett of Douglas:
A bill to be entitled an act to amend the act creating the office of tax commissioner of Douglas county to provide for clerical help to the commissioner, and the salary for such help; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 446. By Mr. Fussell of Webster:
A bill to be entitled an act to provide the method of electing members of the Webster county board of education; and for other purposes
Referred to Committee on Counties and County Matters.
HB 447. My Mr. Dorsett of Douglas. A bill to be entitled an act to abolish the board of commissioners of roads and revenues of Douglas county; and for other purposes.
Referred to Committee on Counties and County Matters.

540

JOURNAL OF THE HOUSE,

HB 101-447A. By Mr. Thomas of Chattooga:
A resolution to appropriate the sum of $350.00 to pay Dr. 0. A. Selman past due rent on the Chattooga coun~ bank building now in liquidation, and to surrender possession of the property, and for other purposes.
Referred to Committee on Special Appropriations.
HB 448. By Messrs. Alexander, Grayson and McNall of Chatham.
A bill to be entitled an act to amend the several acts incorporating the mayor and councilmen of Tybee, Savannah Beach, to authorize them to operate a sanitary sewerage system; and for other purposes.
Referred to Committee on Municipal Government.
HB 449. By Mes~rs. Riddlespurger and Cheshire of Colquitt:
A bill to be entitled an act to create and establish a new charter for the City of Moultrie; and for pther purposes.
Referred to Committee on Municipal Government.
Mr. Cowart of Lowndes County, Vice Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as chairman to report the same back to the House with the following rt>commendations:
HB 418. Do Pass.
HB 417. Do Pass.
Respectfully submitted,
Cowart of Lowndes, Vice-Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and
ready for transmission to the Senate the following bills and resolutions of the
House, to-wit: HB 68. HB 91.

MONDAY, FEBRUARY 15, 1943

541

HB 94. HB 251. HB 264. HB 270. HB 272. HB 273. HB 274. HB 279. HB 282. HB 287. HB 289. HB 290. HB 295. HB 298. .HB 299. HB 303. HB 304. HB 305. HB 306. HB 308. HB 309. HB 314. HB 315. HB 316. HB 321. HB 324. HB 326. HB 328. HB 334.

542
HB 341. HB 348. HB 349. HB 354. HB 359. HB 360. HB 372. HB 374. HB 369. HB 332. HB 355. HB 329. HB 247. HB 364. HR 186. HR 75. HR 76. HR 82. HR 57. HR 366. HB 375. HB 376. HB 386. HB 390. HB 395. HB 399. HB 400. HB 404.

JOURNAL OF THE HOUSE,

Respectfully submitted,

Branch of Tift, Chairman.

MONDAY, FEBRUARY 15, 1943

543

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor, the following bills and resolutions of the House, to-wit:
HB 30.
HB 31.
HB 35.
HB 41. HB 43. HB 88. HB 90. HB 97. HB 98. HB 99. HB 105. HB 107. HB 120. HB 121. HB 141. HB 143. HB 170. HB 171. HB 187. HB 196. HB 203. HB 207. HB 209. HB 216.

544

JOURNAL OF THE HOUSE,

HB 221. HB 224. HB 186. HB 225. HB 226. HB 227. HB 234. HB 237. HB 241. HB 246. HB 250. HB 255. HB 265. HB 267. HB 271. HB 276. HB 277. HB 291. HR 28. HR 59.

/
Respectfully submitted, Johnson of Chattahoochee, Chairman.

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House, and have instructed me as Chairman, to report the same back to the House with the following recommendations:
'

MONDAY, FEBRUARY 15, 1943

545

HB 284. Do Pass.

Respectfully submitted,
Allison, of Gwinnett, Chairman. Chairman.

By unanimous consent, the following bills and resolutions of the House favorably reported, were read the second time:
HB 284. By Mr. Woodruff of Barrow:
A bill to be entitled an act to amend the act establishing a new charter for the City of Winder, found in the Georgia laws of 1917, commencing on page 926, approved August 4, 1917, so as to abolish the offices on mayor and councilmen and certain other offices of said city created by legislative enactments; to provide for a commission form of government and for the election of commissioners and the appointment by them of a city manager and other officers, and to provide that this act shall not be effective until after it has been ratified by the qualified voters of the City of Winder in referendum; to repeal all laws and parts of laws in conflict with this act; and for other purposes.

HB 417. By Mr. Wright of Gilmer:
A bill to be entitled an act to repeal "an act to create the office of commissioner of Gilmer county, Georgia; to create an advisory board of said county; to provide for the election of said county commissioner and advisory board; to define their powers and duties; to fix their compensations; to name and designate the persons to fill said offices of county commissioner and the commissioners composing the advisory board of said county; and for other purp~ses.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

HB 375. By Mr. Fussell of Webster:
A bill to be entitled an act to fix the salary of the commissioners of roads and revenues of Webster county at $1000.00 per annum; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

546

JOURNAL OF THE HOUSE,

HB 376. By Mr. Fussell of Webster:
A bill to be entitled an act to fix the salary of the commissioner 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 0.
. The bill having received the requisite constitutional majority was passed.
HB 386. By Messrs. Welsch and Dorsey of Cobb:
A bill to be entitled an act to authorize the commtssiOner of roads and revenues of Cobb county to sell or lease the county farm; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 390. By Mr. Daves of Dooly:

A bill to be entitled an act to fix the salary of the commissioner of roads and revenues of Dooly county, at $400.00 each 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 107, the nays ~

The bill having received the requisite constitutional majority was passed.

HB 395. By Mr. Hogg of Marion:
A bill to be entitled an act to authorize the commissioner of Marion county to pay the premium on the bond of the county treasurer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bift, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 399. By Mr. Rossee of Putnam: A bill to be entitled an act to amend the several acts creating a board of

MONDAY, FEBRUARY 15, 1943

547

county commissioners of roads and revenues of Putnam county to require a bond from each of the commissioners, to require annual audits of county affairs and publications 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 400. By Mr. Willoughby of Clinch:
A bill to be entitled an act to amend the act creating the county court of Clinch to provide the Governor shall fill the vacancies in the office of solicitor for the 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 1to. the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 404. By Mr. Padgett of Echols:
A bill to be entitled an act to provide for three commiSSioner districts in Echols county, to provide that each candidate shall designate the district he seeks to represent; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 99. By Senator Bacon of the 28th district:
A bill to be entitled an act to fix the salary of the clerk of the county commissioners of Morgan county at $65.00 per month; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
. The bill having received the requisite constitutional majority was passed.
SB 103. By Senator Moore of the 32nd district:
A bill to be entitled an act to amend the several acts relating to the board of commissioners of roads and revenues of Lumpkin county; and for other purposes.

548

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 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules has met and had under consideration a resolution establishing a special and continuing order of business and recommends that same do pass.
Durden of Dougherty, Vice-Chairman.

HR 100. By Mr. Durden of Dougherty: Be it resolved that the following bills and resolutions be and the same are
hereby established as a special and continuing order of business to wit: HB 366. General bill with local application to Crawford county. HR 57-237. Relating to Trooper Beauchamp and Langston. HR 14-16C. Constitutional amendment-game and fish commission. HB 16. Creating agricultural and industrial board of Georgia. HB 413. Entertainment for soldiers and saliors. HB 402. Constitutional amendment-Glynn county. SB 73. Sheriff's fee bill. SR 33. Metal date strips for automobile tags. SB 53. Amending banking laws. HB 175. Changing time of filing homestead exemptions. HB 217. Segregation of prisoners. HB 307. Title insurance. HR 56-237. A payment for silver purchase. SB 65. Preserving eligibility of newspapers. SB 25. Relating to year's support. SB 52. Deposits of deceased depositors. By unanimous consent, HR 100 was adopted.

MONDAY, FEBRUARY 15, 1943

549

Under the special and continuing order of business established by HR 100 the following bills and resolutions of the House were taken up for consideration, read the third time and placed upon their passage:
HB 366. By Mr. Easler of Crawford:
A bill to be entitled an act to provide for the holding of two regular terms a year of the superior court in the. County of Crawford; to fix the time of holding 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 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
HR 57-237B. By Messrs. Heard of Elbert and Burton of Lee:
A resolution to pay Troopers Beauchamp and Langston for injuries sustained while on duty in the public safety department; and for other purposes.
The following substitute to HR 57-237B was read and adopted:
By Messrs. Heard of Elbert and Burton of Lee:
A RESOLUTION
Whereas, on the 1st day of December 1942, Troopers W. T. Beauchamp and Harold Langston were injured in line of duty as a result of an accident without fault of their own which took place some four miles north of Tignall, Georgia, on the Washington-Elberton road, and
Whereas, due to the seriousness of the injuries sustained by Trooper W. T. Beauchamp as a result of the aforesaid accident, he has expended the sum of approximately $2,000 for medical and hospital bills, and
Whereas, due to the seriousness of the !flJUries sustained by Trooper Harold Langston as a result of the aforesaid accident, he has expended the sum of approximately $750.00 for medical and hospital bills, and
Whereas, both of said troopers are now without sufficient moneys to pay these expenses which were incurred as a result of said accident while they were in line of duty for the State of Georgia.
Therefore, be it resolved by the House of Representatives, the Senate concurring, that the department of public safety be and it is hereby directed to pay the hospital expenses, the doctors bills, the nurses bills, ambulance charges and other incidental expenses connected with the illness of the said W. T. Beauchamp and Harold Langston in the amount not to exceed the sum of $2,000 for W. T. Beauchamp and in

550

JOURNAL OF THE HOUSE,

the amount not to exceed the sum of $750.00 for Harold Langston, upon satisfactory evidence being submitted as to the correctness of the bills, out of funds available to the department of public safety.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.
On the adoption of the resolution by substitute, the ayes were 113, the nays 0.
The resolution having received the requisite constitutional majority was adopted, by substitute.
HR 14-16C. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of jefferson, Grayson of Chatham, Hagan of Screven, Mims of Miller, Drake of Seminole, Crummey of Wilcox, Smith of Muscogee, and Nicholson and Holley of Richmond:
A resolution proposing an amendment to article" 5, section 4, paragraph 1 of the constitution so as to provide for the creation of a game and fish commission; and for other purposes.
The following substitute to HR 14-16C was read and adopted:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment of article V of the Constitution of the State of Georgia by adding thereto a new section and a new paragraph to be designated paragraph I of section IV of article V to create a state game and fish commission and to provide for their appointment, terms of office, compensation, powers and duties; .and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. Upon approval of this Resolution in the manner hereinafter provided, that Article V of the Constitution of the State of Georgia, be, and the same is, hereby amended, by adding thereto a new section and a new paragraph to be designated as Paragraph I of section IV of article V, and which shall read as follows:
"There is hereby created a state game and fish commission. Said commission shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to wit: Chatham, Bryan, Liberty, Mcintosh, Glynn or Camden. The first members of the commission shall consist of those in office at the time this constitution is adopted, with terms provided by law. Thereafter, all succeeding appointments shall be made by the Governpr and confirmed by the Senate for a term of seven years from the expiration of the previous term. All members of the commission shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appoint-

MONDAY, FEBRUARY 15, 1943

551

ment of the Governor and submitted to the Senate for confirmation at the next session of the General Assembly after the making of the appointment.

The Commission shall have such powers, authority, duties, and shall receive such compensation and expenses as may be delegated or provided for by the General Assembly."
Section 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" entered on their respective journals, it shall be published and submitted to the qualified voters of the State of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to constitutional amendments.
Mr. Willoughby of Clinch moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to.
The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were:

Adams Alexander Allison Alwood Baker Bates Barfield Bargeron Bennett Bowen Boynton Branch Brewton Broome Brunson Burnside Bynum Caldwell Cannon Cates Chance Cheshire Clark

Connell Cowart Crummey Curry Dallis Dalton Daves Deal Dorsett Drake Dunn DuPree Durden Dyal Easler Edwards Etheridge Ferguson Fisher Fortson Fussell Gardner Gaston

Gavin Gholston Giddens Gillis Goldberg Gowen Graham Gray Grayson Greene of Schley Guerry Hagan Hand Hardy Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill ofTroup

552

JOURNAL OF THE HOUSE,

Hogg

Minchew

Horne

Mitchell

Hubert

Mixon

Hurst

Moate

Jennings of Sumter

Moore of Baldwin

Johns

Nicholson of Oconee

Johnson of Chattahoochee Nicholson of Richmond

Johnson of Pike

Ogburn

Jones

Overby

Kelly of Thomas

Park

Kelly of Walker

Parker

Key

Peck

Knabb

Pettit

Livingston

Phillips

Looper

Pirkle

Mabry

Powell

Mankin

Price

Martin

Pruitt

Mason

Ray

Maund

Reid

McCracken

Reynolds

McEntire

Riddlespurger

Mcintosh

Riley

McNall

Roper

Medders

Rossee

Mims

Those voting in the negative were:

Norman

Rowland

Those not voting were:

Anderson Battles Bentley Boone Bridges Burton Campbell of Newton Campbell of Polk Copland Culpepper Dorsey Dukes Elliott Ennis

Foster Gaskins Gilbert Greene of Jones Guyton Harden Hart of Quitman Hart of Thomas Holley Hooks Howard Jennings of Terrell Joiner Johnston

Russell Salter Sharpe Smiley Smith of Oglethorpe Smith of Washington Sparks Sumner Swint Thomas Thrash Thurmond Warnock Weaver Welsch Whipple Wilbanks of Habersham Williams of Coffee Williams of Gwionett Williams of Harris Willoughby Wilson Woodruff Wright Yawn
Kendrick Littlejohn Malone Mavity McCamy Miller Mills Moore of Taliaferro Odom Oliver Padgett Pannell Porter Rees

MONDAY, FEBRUARY 15, 1943

553

Roughton Rountree Sheppard Sills Smith of Carroll Smith of Dougherty

Smith of Muscogee Strickland Thigpen Thompson Turner

Waller Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Mr. Speaker

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

On the adoption of the resolution, by substitute, the ayes were 145, the nays 2.

The resolution having received the requisite two-thirds constitutional majority was adopted, by substitute.

By unanimous consent, the following bills and resolutions of the House were read the first time and referred to the committees.

HB 450. By Mr. Hartness of Fannin:
A bill to be entitled an act to regulate and improve sanitation of restaurants, cafes, hotels, tourist homes, tourist camps, and summer camps; to provide no person with contagious or communicable disease shall be employed in such places; to direct the state department of public health to enforce rules and regulations governing such places; and for other purposes.

Referred to Committee on Hygiene and Sanitation.
HB 451. By Messrs. Clark of Catoosa and Culpepper of Fayette:
A bill to be entitled an act to amend section 61-301 of the code of 1933 to provide for dispossession of a cropper who breaks his contract with landlord by failing to work, or of a tenant who breaks his contract of rental and does not cultivate a crop; and for other purposes.
Referred to Committee on General Judiciary No. l.

HB 452. By Messrs. Durden of Dougherty, Goldberg and Hurst of Coweta, and

Connell of Lowndes:



A bill to be entitled an act to prescribe rules and regulations for the making up of voters' list in primaries, fixing the date and method of filing such list; and for other purposes.

Referred to Committee on Privileges and Elections.

HB 453. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to fix the salary of the clerk of the superior court of Bulloch county and his clerical help; and for other purposes.
Referred to Committee on Special Judiciary.

554

JOURNAL OF THE HOUSE,

HB 454. By Mr. Fisher of Jeff Davis:

A bill to be entitled an act to constitute all commissioned officers of all

branches of the armed forces of the United States as ex-officio notary

publics of the State of Georgia for persons situated without the territorial

....

limits of the United States; and for other purposes.

Referred to Committee on General Judiciary No. I.

HR 102-454A. By Messrs. Brewton of Evans and Smiley of Liberty:
A resolution requesting the federal government to build a fence around Camp Stewart anti-aircraft base sufficient to keep cattle and hogs from entering said area ; and for other purposes.
Referred to Committee on Military Affairs.
HR 103-454B. By Messrs. Weaver, Wilson and Barfield of Bibb, Ray of Warren and Clark of Catoosa:
A resolution to provide for the funeral expenses incurred by the widow of Fred Black, Jr., a state patrolman killed in line of duty, to be paid by the state; and for other purposes.
Referred to Committee on Special Appropriations.
Under the special and continuing order of business established by HR 100 the following resolution of the House was taken up for consideration, read the third time and placed upon its passage:
HR 91-405A. By Mrs. Mankin of Fulton, Messrs. Culpepper of Fayette, Weaver of Bibb, Park of Greene, and Key of Jasper:
A resolution proposing an amendment to article 6, section 2, paragraph 6 of the constitution relating to the manner of disposition of cases in the court of appeals and the supreme court; and for other purposes.
The following substitute to HR 91-405A was read and adopted:
By Messrs. Key of Jaspe~, Harris of Richmond and Mrs. Mankin of Fulton:

A RESOLUTION

Proposing to the people of Georgia for ratification or rejection an amendment to article 6, section 2, of the Constitution of Georgia:
Resolved by the General Assembly of Georgia:
Section 1. That the General Assembly of Georgia proposes to the people of Georgia that article 6, section 2, of the Constitution of Georgia be amended by striking and repealing all of paragraph 6 of said article and section, as the same has heretofore been amended, and inserting in lieu thereof a new paragraph 6, as follows:

MONDAY, FEBRUARY 15, 1943

555

"Paragraph 6. Cases, How Disposed of: The Supreme Court and the Court of Appeals shall dispose of every case at the term at which it is entered on the court's docket for hearing, as provided by Paragraph 9 of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared to prosecute the case at the term at which it is so entered for hearing, unless prevented by providential cause, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless it shall appear that the plaintiff in erl"or or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability consequent thereof".

Section 2. When the foregoing amendment shall have been agreed to by twothirds of the members elected to the Senate and the House of Representatives, the same shall be entered on their journals with the yeas and nays taken thereon and published and submitted to the people for ratification or rejection at the next general election, as now provided by law.

The report of the committee, which was favorable to the adoption of the reso~ution, was agreed to, by substitute.

The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison Baker Bates Barfield Bennett Bentley Bowen Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Cannon Cates

Chance Cheshire Clark Connell Culpepper Curry Dallis Dalton Daves Deal Dorsett Dukes Dunn DuPree Dyal Easler Edwards Elliott Etheridge Ferguson Fisher

Fortson Fussell Gardner Gaston Gavin Gholston Giddens Gillis Goldberg Gowen Grayson Greene of Jones Greene of Schley Guerry Hand Hardy Hartness Hatchett Heard Hefner Herndon

556

JOURNAL OF THE HOUSE,

Hicks

Medders

Hightower

Miller

Hill of Clarke

Mitchell

Hill of Troup

Mixon

Hooks

Moate

Horne

Moore of Baldwin

Hubert

Nicholson of Oconee

Hurst

Nicholson of Richmond

Johns

Odom

Johnson of Chattahoochee Ogburn

Johnson of Pike

Overby

Kelly of Thomas

Park

Kendrick

Parker

Key

Peck

Knabb

Pettit

Looper

Phillips

Mabry

Pirkle

Malone

Powell

Mankin

Price

Mason

Pruitt

Maund

Ray

McCracken

Reid

McEntire

Reynolds

Mcintosh

Riddlespurger

McNall

Riley

Those not voting were:

Alwood Anderson Battles Bargeron Boone Boynton Campbell of Polk Copland Cowart Crummey Dorsey Drake Ennis Foster Gaskins Gilbert Graham Gray Guyton

Hagan Harden Hart of Quitman Hart of Thomas Hogg Holley Howard Jennings of Sumter Jennings of Terrell Joiner Johnston Jones Kelly of Walker Littlejohn Livingston Martin Mavity McCamy Mills

Rossee Roughton Rowland Russell Salter Sharpe Smiley Smith of Carroll Smith of Oglethorpe Smith of Washington Strickland Sumner Swint Thurmond Warnock Weaver Welsch Whipple Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Wilson Woodruff
Mims Minchew Moore of Taliaferro Norman Oliver Padgett Pannell Porter Rees Roper Rountree Sheppard Sills Smith of Dougherty Smith of Muscogee Sparks Thigpen Thomas Thompson

MONDAY, FEBRUARY 15, 1943

557

Thrash Turner Waller Wells of Ben Hill

Wells of Telfair Wilbanks of Cherokee Willoughby

Wright Yawn Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, by substitute, the ayes were 138, the nays 0.

The resolution having received the requisite two-thirds constitutional majority was adopted, by substitute.

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

Mr. Speaker:

The Senate has receded from its position in amending the following bill of the House to wit:

'HB 186. By Messrs. Hicks, Littlejohn and Baker of Floyd:
A bill to be entitled an act to amend the acts incorporating the City of Rome, Georgia, so as to provide for a retirement fund; and for other purposes.
Under the special and continuing order of business establsihed by HR 100 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
fiB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall and Durden of Dougherty:
A bill to be entitled an act to establish a board known as agricultural and industrial board of Georgia; and for other purposes.
The following substitute was read:
A BILL
To be entitled an Act to create and establish a Board to be known as Agricultural and Industrial Board of Georgia: to provide for the appointment and terms of office of a Chairman and Members of the Board; to define its functions and duties; to authorize the establishment of advisory councils, the appointment of committees to aid in the promotion of the development of the State's resources; the employment of assistants and of independent agencies for aid and counsel, to provide for the payment of the expenses of the Board, its members and compensation of those employed by said Board; to authorize said Board to advertise and promote the agricultural, industrial, historic, recreational and natural resources facilities and assets of the State; to repeal conflicting laws; and for other purposes.

558

JOURNAL OF THE HOUSE,

BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:
Section 1. A Board known as the Agricultural and Industrial Board of Georgia is hereby created. This Board shall consist of twelve (12) members. The remaining members shall be: The chairman of the Board of Regents of the University System of Georgia. or a member of the Board of Regents designated by the Chairman, the Commissioner of Education, the Commissioner of Agriculture, the Commissioner of Health, and the head of the State Department of Natural Resources, Ex-Officio and ten ( 10) citizens from the State at Large appointed by the Governor. In making said appointments, the Governor shall select citizens who are fairly representative of the fields of finance, industry, agriculture and labor respectively. Their terms shall be for five (5) years each; except that the first of said members shall be appointed, two to serve for five ( 5) years, two for four (4) years; three for three (3) years and three for two (2) years; the terms of their respective successors being five ( 5) years each. One of the members from the State at Large shall be appointed chairman of the Board by the Governor. The Governor shall by appointment fill vacancies for unexpired terms.
Section 2. Members of the Board shall not be paid for their services, but may receive compensation for reasonable expenses incurred in the performance of their duties.
Section 3. The Board shall maintain an office and keep permanent and complete records of its proceedings, meetings, hearings, orders and decisions, and seven (7) members of the Board shall constitute a quorum.
Section 4. The Board is hereby authorized and empowered to employ a Director who shall he selected with special reference to his executive ability and experience and special training and skill in the promotion of agricultural ind indus- trial resources of the State, and such other perso~s, technical, clerical or otherwise as may be necessary within the limits of any funds available.
Section 5. The Board is hereby authorized and empowered to accept grants from the Federal Government or from the State Government or from any County or Municipal Government and gifts from individuals.
Section 6. The Board is hereby authorized and empowered to engage the services of independent agencies and persons for research work and counsel in the promotion and development of the agricultural and industrial resources of the State.
Section 7. Advisory Councils may be created and established throughout the State by the Board, the number and composition of such Councils shall be discretionary with the Board.
Section 8. It shall be the duty of the Board to:
(a) Advise and counsel with and coordinate the efforts and activities of all Departments and agencies of the State and its institutions which are engaged in the assistance or promotion of or planning for the agricultural or industrial development

MONDAY, FEBRUARY 15, 1943

559

or the natural resources of the state or in the promotion of a program for the public health in Georgia.
(b) To advertise and promote the agricultural, industrial, historic, recreationa1 and natural resources, facilities and assets of the State to make research and surveys, prepare plans, maps and publish information with respect to agricultural, industrial and economic resources, facilities and establishments in the State.
(c) To prepare and perfect plans for an ordered and comprehensive development of the State and its resources, to develop long-term policies in relation to agricultural, land and water utilization, flood controls, conservation, land settlement, tree cutting, reforestration, watershed protection, public health, and water supply reservations.
(d) To encourage Counties, Cities and Towns and groups thereof in the development and promotion of the agricultural, industrial and natural resources of the State.
Section 9. The expenses and costs of the operation of the Board shall be paid out of any funds contributed from any of the sources hereinbefore mentioned and from any funds approved by the Budget Commission from funds which might be available.
Section 10. Said Board shall operate as an Executive Department of the State Government, and all expenditures and disbursements of any sums herein or hereafter appropriated for its expenses and operation shall be approved by the Governor.
Section 11. This Act shall become effective immediately upon its passage by the General Assembly and approval by the Governor.
Section 12. Be it further enacted that if any section, clause, prov1s10n or portion of this Act shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect or invalidate any other section, clause, provision or portion of the Act.
Section 13. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.
The following amendment to the substitute for HB 16 was read and adopted:
:Mr. McCracken of Jefferson moves to amend the committee substitute for HB 16 by striking the following language in the second and third lines of section I "This Board shall consist of twelve members. The remaining members shall be:" and inserting in lieu thereof the following language to wit: "This Board shall consist of fifteen members.
By unanimous consent, 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.

560

JOURNAL OF THE HOUSE,

Mr. McCracken of Jefferson moved the ayes and nays and the call was sus tained.

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

Those voting in the affirmative were:

Adams Alexander Alwood Baker Bates Barfield Bargeron Bennett Bentley Bowen Branch Brewton Bridges Broome Burnside Burton Caldwell Cates Chance Cheshire Connell Cowart Dallis Dalton Daves Deal Dorsett Dunn Durden Dyal Easler Etheridge Ferguson Fisher Fortson Fussell Gardner Gaskins Gavin Gholston

Giddens Gillis Goldberg Gowen Graham Grayson Guerry Hand Hartness Hatchett Hefner Herndon Hicks Hightower Hill of Clarke Hogg Hill of Troup Hooks Horne Hubert Hurst Jennings of Sumter Johns Johnson of Pike Kelly of W alk:er Key Livingston Looper Mabry Malone Mason Maund McCracken McEntire Mcintosh McNall Medders Miller Minchew Mixon

Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Ogburn Overby Park: Parker Peck: Pettit Phillips Pirkle Price Pruitt Reid Reynolds Riddlespurger Rowland Salter Sharpe Smiley Smith of Oglethorpe Smith of Washington Sumner Swint Thrash Thurmond Turner Warnock: Weaver Welsch Whipple Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright

MONDAY, FEBRUARY, 15, 1943

561

Those voting in the negative were:

Bynum Cannon Clark Culpepper Edwards Elliott

Gaston Greene of Schley Hardy Hart of Thomas Kelly of Thomas Moate

Porter Roper Roughton Russell Smith of Carroll Yawn

Those not voting were:

Allison Anderson Battles Boone Boynton Brunson Bynum Campbell of Newton Campbell of Polk Cannon Clark Copland Crummey Curry Dorsey Drake Dukes DuPree Ennis Foster Gilbert Gray Greene of Jones Guyton Hagan

Harden

Pettit

Hart of Quitman

Powell

Howard

Ray

Jennings of Terrell

Rees

Heard

Riley

Holley

Rossee

Joiner

Rountree

Johnson of Chattahoochee Rowland

Johnston

Salter

Jones

Sharpe

Kendrick

Sheppard

Knabb

Sills

Littlejohn

Smith of Dougherty

Mankin

Smith of M uscogee

Martin

Sparks

Mavity

Strickland

McCamy

Thigpen

Mills

Thomas

Mims

Thompson

Norman

Waller

Odom

Wells of Ben Hill

Oliver

Wells of Telfair

Padgett

Wilbanks of Habersham

Pannell

Mr. Speaker

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

On the passage of the bill by substitute as amended, the ayes were 120, the nays 0.

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

HB 413. By Messrs. Cheshire and Riddlespurger of Colquitt, Durden and Smith of Dougherty, Miller of Lanier, Hurst of Coweta, Connell of Lowndes, Jones of Grady, and Crummey of Wilcox:

562

JOURNAL OF THE HOUSE,

A bill to be entitled an act to authorize and permit the operation of Sunday picture shows near army camps for the benefit of the men in the armed forces as amusement; and for other purposes.

The following substitute to HB 413 was read and adopted:

A BILL

To be entitled an Act to provide entertainment for the men in the armed forces of the United States during the period of the present emergency and six months thereafter for Sunday amusement and to repeal all laws that conflict therewith.

Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows, to wit:

1. That in all towns and cities within forty (40) miles radius of Army and Navy Camps, Air Bases, hospital areas and bases there is a serious problem of furnishing amusement for the people in the armed services of the United States on Sunday, and it is in the public interest that some form or type of recreation or amusement be provided for the armed forces of the United States during the present emergency when on leave from camp.

2. Therefore, for the period of the present world war and six (6) months thereafter the operation of the motion picture shows on Sunday in all towns within a radius of forty (40) miles of any army, navy camp, hospital area or other war activity is hereby legalized with the exception that the same shall not be operated during the regular Sunday church hours.

Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed.

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

On the passage of the bill, by substitute, Mr. Hatchett of Meriwether moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Alexander Alwood Baker Bates Barfield Bargeron Bennett Bentley

Bowen Branch Brewton Broome Burton Bynum Caldwell Campbell of Newton Cates

Chance Cheshire Connell Cowart Crummey Curry Dallis Daves Deal

MONDAY, FEBRUARY 15, 1943

563

Dorsey Dunn DuPree Durden Dyal Easler Edwards Ferguson Fisher Fortson Gardner Gaskins Gavin Gholston Giddens Gillis Goldberg Gowen Grayson Greene of Jones Guerry Hand Heard Hefner Hicks Hill of Troup Hogg Hubert Hurst

Johnson of Chattahoochee Pettit

Jones

Phillips

Kelly of Walker

Porter

Key

Ray

Knabb

Reid

Mabry

Reynolds

Malone

Riddlespurger

Mankin

Riley

Maund

Roper

McCracken

Rowland

McEntire

Russell

Mcintosh

Salter

McNall

Sharpe

Medders

Smiley

Miller

Smith of Carroll

Mims

Thomas

Minchew

Thrash

Mitchell

Thurmond

Mixon

Turner

Moate

Waller

Moore of Baldwin

Weaver

Moore of Taliaferro

Wilbanks of Cherokee

Nicholson of Oconee

Williams of Coffee

Nicholson of Richmond Williams of Harris

Odom

Willoughby

Ogburn

Wilson

Overby

Woodruff

Parker

Yawn

Peck

Those voting in the negative were:

Allison Battles Bridges Burnside Clark Culpepper Dorsett Etheridge Gaston Graham Gray Greene of Schley Hardy Hart of Thomas

Hartness Hatchett Herndon Hightower Hill of Clarke Hooks Horne Johns Johnson of Pike Kelly of Thomas Kendrick Looper Martin Mason

Mills Norman Park Pirkle Powell Price Smith of Oglethorpe Smith of Washington Strickland Sumner Swint Whipple Wilbanks of Habersham Williams of Gwinnett

564

JOURNAL OF THE HOUSE,

Those not voting were:

Anderson Boone Boynton Brunson Campbell of Polk Cannon Copland Dalton Dukes Elligtt Ennis Foster Fussell Gilbert Guyton Hagan

Harden Hart of Quitman Holley Howard Jennings of Sumter Jennings of Terrell Joiner Johnston Littlejohn Livingston Mavity Padgett Pannell Pruitt Rees Rossee

Roughton Rountree Sheppard Sills Smith of Dougherty Smith of Muscogee Sparks Thigpen Thompson Warnock: Welsch Wells of Ben Hill Wells of Telfair Wright Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, by substitute, the ayes were 114, the nays 42.
The bill having received the requisite constitutional majority was passed, by substitute.
Mr. Durden of Dougherty asked unanimous consent that HB 413 be ordered immediately transmitted to the Senate and the consent was granted.

HB 402. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an Act to propose to the qualified voters of Georgia an amendment to article 6, section 7, paragraph 1, of the Constitution of Georgia so as to authorize the General Assembly in its discretion to abolish justice courts and the office of Justice of Peace and Notary Public Exofficio Justice of Peace in Glynn County, Georgia, and to establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts and with such further provision for the correction of errors by the superior court or the court of appeals or the supreme court as the General Assembly may, from time to time, in its discretion, provide or authorize; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.

MONDAY, FEBRUARY 15, 1943

565

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORIITY OF SAME:
Section 1. That Article 6, Section 7, Paragraph 1 of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding immediately after the words "of over twenty thousand" and immediately in front of the words "and establish in lieu thereof" the words "and as well in the County of Glynn" so that the said paragraph as amended shall read as 'follows, to wit:
"There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be four years; Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the superior court, or court of appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion provide or authorize Any court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the County of Glynn, and. establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction, the jurisdiction as to subject-matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the superior court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The municipal court of Atlanta shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any Court so established shall not be subject to the rules of uniformity laid down in Paragraph 1 of Section IX of Article VI of the Constitution of Georgia."

566

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 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 "Eor ratification of amendment to Article 6, Section 7, Paragraph 1, of the Constitution so as to authorize the General Assembly to abolish Justice Courts in Glynn County and to create such new courts or system of Courts as the General Assembly may, in its discretion, deem necessary or transfer their function to an existing court" 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 6, Section 7, Paragraph 1, of the Constitution so as to authorize the General Assembly to abolish Justice Courts in Glynn County and to create such new courts or sy~tem of Courts as the General Assembly may, in its discretion, deem necessary or transfer their function to an existing court." 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 6, 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 passage of the bill, was agreed to.

The bill being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison Alwood Bates Battles Barfield Bargeron Bennett Bentley Bowen Boynton

Branch Brewton Bridges Broome Burnside Burton Bynum Caldwell Campbell of Newton Cannon Cates Chance

Cheshire Clark Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey

MONDAY, FEBRUARY 15, 1943

567

Drake

Jones

Dunn

Kelly of Thomas

DuPree

Kelly of Walker

Durden

Kendrick

Dyal

Key

Easler

Knabb

Edwards

Livingston

Etheridge

Looper

Ferguson

Mabry

Fisher

Malone

Fortson

Mankin

Gardner

Mason

Gaskins

McCracken

Gaston

McEntire

Gavin

Mcintosh

Gholston

McNall

Giddens

Medders

Gowen

Miller

Graham

Mills

Gray

Mims

Greene of Jones

Minchew

Greene ofSchley

Mitchell

Guerry

Mixon

Hand

Moate

Hart of Thomas

Moore of Baldwin

Hatchett

Moore of Taliaferro

Heard

Nicholson of Oconee

Herndon

Nicholson of Richmond

Hicks

Norman

Hightower

Odom

Hill of Clarke

Ogburn

Hill of Troup

Overby

Hooks

Park

Horne

Parker

Hubert

Pettit

Jennings of Sumter

Pirkle

Johnson of Chattahoochee Porter

Johnson of Pike

Those not voting were:

Anderson Baker Boone Brunson Campbell of Polk Connell

Dukes Elliott Ennis Foster Fussell Gilbert

Powell Price Pruitt Ray Reid Reynolds Riddlespurger Riley Roper Rossee Roughton Rowland Russell Salter Sharpe Smiley Smith of Carroll Smith of Oglethorpe Sparks Strickland Sumner Swint Thomas Thrash Turner Warnock Weaver Welsch Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris Willoughby Wilson Woodruff Yawn
Gillis Goldberg Grayson Guyton Hagan Harden

568

JOURNAL OF THE HOUSE,

Hardy Hart of Quitman Hartness Hefner Hogg Holley Howard Hurst Jennings of Terrell Joiner Johns Johnston Littlejohn

Martin Mavity Maund McCamy Oliver Padgett Pannell Peck Phillips Rees Rountree Sheppard Sills

Smith of Dougherty Smith of Muscogee Smith of Washington Thigpen Thompson Thurmond Waller Wells of Ben Hill Wells of Telfair Williams of Gwinnett Wright Mr. Speaker

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

On the passage of the bill, the ayes were 148, the nays 0.

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

SB 73. By Senators Gross of the 31st, Forester of the 44th, and Kennedy of the 2nd districts:
A bill to be entitled an act to amend the public safety acts by providing that the sheriffs of the several counties may collect certain fees; and for other purposes.

The following amendment to SB 73 was read and adopted:

Mr. Gowen of Glynn moves to amend SB 73 by adding to section 1 the following: "in the event the sheriff of the Court to which the case is returnable is on salary the fee shall be paid into the County Treasury."

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 113, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

SR 33. By Senator Griner of the 45th district:
A resolution authorizing the director of the motor vehicle division of the state revenue department to provide for the issuance of metal date strips instead of license plates; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution was agreed to.

MONDAY, FEBRUARY 15, 1943

569

On the adoption of the resolution, the ayes were 117, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
By unanimous consent, the following committee report was read:
Mr. Connell of Lowndes County, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. Speaker:
Your Committee on Interstate Cooperation 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:
HB 420. Do Pass.
Respectfully submitted,
Connell of Lowndes, Chairman.

By unanimous consent, the following bill of the House favorably reported was read the second time:
HB 420. By Messrs. Gowen and Gilbert of Glynn, Grayson, McNall and Alexander of Chatham, Ferguson of Camden, Mcintosh of Mcintosh, Smiley of Liberty, Dukes of Bryan, Durden of Dougherty, McCracken of Jefferson, Connell of Lowndes, Hand of Mitchell and Hagan of Screven: A bill to be entitled an act to authorize the State of Georgia to enter into a compact with each or all of the states on the Atlanta Seaboard to promote the better utilization of the fisheries, marine, shall and anadromous of the Atlantic Seaboard; to create the Atlantic States Marine Fisheries commission ; and for other purposes.
:Mr. Durden of Dougherty moved that this House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

570

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, February 16, 1943.
The House met pursuant to adjournment this day at 10:00 o'clock a. m., called to order by the speaker and opened with a prayer by the chaplain.
By unanimous consent the call of the roll was dispensed with. Mr. 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. 2. First reading and reference on House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.
The following resolution of the House was read and referred to the Committee on Rules.
HR 104. By Mr. Durden of Dougherty:
A RESOLUTION Be it resolved by the House that the following bills and resolutions be, and the same are hereby established as a special and continuing order of business, to wit: 1. HB 183. Peace officers pension bill. 2. HB 373. Creating the Georgia state guard. 3. HB 154. Amendment to income tax law. 4. HB 205. Relating to testamentary guardians. 5. HB 206. Prohibiting husband from receiving the earnings of his wife. 6. HR 38-l33C. Constitutional amendment relating to Spalding county. 7. HB 149. Establishing an election canvassing board. 8. HB 150. Relating to talley sheets and list of voters.

TUESDAY, FEBRUARY 16, 1943

571

9. HB 162. Providing for ballots in elections other than primary elections.
10. HB 163. Pertaining to registered voters lists.
11. HB 164. Certifying names of candidates of political parties.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite con~titutional majority the following bills of the Senate and House to wit:
SB 16. By Senators Ennis of the 20th, Lester of the 18th, Harrison of 17th, Eubank of the 29th, Pope of the 17th, Terrell of the 19th, Forester of 44th, and others.
A bill providing for fresh pursuit by military forces and authorizing this state to cooperate with other states therein; and for other purposes.
SB 18. By Senators Dean of the 34th, and others:
A bill authorizing the appointment and prescribing the powers and duties of special policemen for the protection and preservation of public property; and for other purposes.
SB 19. By Senators Foster of the 40th, and others:
A bill to amend section 88-801 of the Georgia code of 1933 relating to registration by owners of explosives and obtaining a license authorizing the ownership; and for other purposes.
SB 90. By Senator Stark of the 33rd, and others:
A bill to create the positions of judges emeritus, to provide for the eligibility of persons for appointment to such position; and for other purposes.
HB 44. By Messrs. Weaver, Barfield, and Wilson of Bibb, and others: A bill to provide for the maintenance, by the department of public welfare, of the negro division of the Georgia training school for girls; and for other purposes.
HB 172. By Messrs. Price and Hill of Clarke: A bill 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 for other purposes.
SB 128. By Senator Ingram of the 51st: An act to create a board of commissioners of roads and revenue for Forsyth county; and for other purposes.

572

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to wit:

HB 124. By Messrs. McCracken of Jefferson; Burnside of McDuffie; and others.
A bill to abolish the department of revenue and the office of state revenue commissioner, and to creat~ the department of finance and taxation; to provide for the appointment, term of office and compensation of the commissioner of finance and taxation; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolution of the House to wit:
HR 89. By Messrs. Clark of Catoosa and Kendrick of Fulton:
A resolution inviting the Hon. Beardsley Ruml to address a JOIDt session of the General Assembly in the Hall of the House of Representatives on Tuesday, February 16, 1943, at 11 :00 a. m., central war time; and for other purposes.
Under the provisions of HR 89, previously adopted, the speaker appointed as a Committee of Escort to escort the Honorable Beardsley Ruml to the Hall of the House of Representatives, the following members of the House to wit:
Messrs. Clark of Catoosa, Roper of Hall, and Kendrick of Fulton.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time and referred to committees:
HB 455. By Messrs. Harris of Richmond and Durden of Dougherty: A bill to be entitled an act to provide for joint control with any surety of money or securities or other assets by any administrator, executor, guardian, trustee or other fiduciary for whom a bond is required; and for other purposes.
Referred to Committee on Insurance.
HB 456. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to amend section 106-301 of the code of 1933 relative to registration of business conducted under trade names to require

TUESDAY, FEBRUARY 16, 1943

573

that notice of application to engage in business shall be published m the official organ for four weeks; and for other purposes.
Referred to Committee on General Judiciary No. 2.

HB 457. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to provide for the method of sale of illegal distillery equipment, supplies, liquor and alcohol and the allocation of the money derived from such sale; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 458. By Messrs. Yawn of Dodge and Wells of Telfair:
A bill to be entitled an act to provide for appointment of a person to weigh livestock and swine at livestock auction markets, and to provide for a bond and penalties for fraud; and for other purposes.
Referred to Committee on General Agriculture No. 2.
HB 459. By Mr. Thigpen of Glascock:
A bill to be entitled an act to authorize the state board of health to issue birth certificates only as to the name of child, date of birth, place of birth, color and sex; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 460. By Messrs. Kendrcik of Fulton, Holley of Richmond and MeN all of Chatham:
A bill to be entitled an act to amend the workmen's compensation act so as to include certain occupational diseases; and for other purposes.
Referred to Committee on Industrial Relations.
HB 461. By Messrs. Bynum of Rabun and Wilbanks of Habersham:
A bill to be entitled an act to create a new charter for the Town of Tallulah Falls; to extend the corporate limits; to provide for a parks commission and a board of health; and for other purposes.
Referred to Committee on l\tlunicipal Government.
HB 462. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to create a board of commissioners of roads and revenues for Carroll county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 463. By Messrs. Hogg of Marion, Durden of Dougherty and Hefner of Pickens:

574

JOURNAL OF THE HOUSE,

A bill to be entitled an act to abolish the office of state entomologist and create the office of "director of entomology"; and for other purposes. Referred to Committee on State of Republic.
HB 464. By Mr. Anderson of Wayne: A bill to be entitled an act to authorize the Governor to deed to Wayne county certain tracts of land donated by Wayne county to the state ; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 465. By Mr. Moore of Taliaferro: A bill to be entitled an act to amend the act designating a county depository; and for other purposes. Referred to Committee on Counties and County Matters.

HB 466. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend an act approved August 8, 1924, (Ga. laws 1924, p. 301) to provide that a member of the board of commissioners may be named a trustee of the county operated hospital; and for other purposes.
Referred to Committee on Counties and_ County Matters.
HB 467. By Mr. Gillis of Treutlen:
A bill to be entitled an act to change the time for holding the quarterly terms of the city court of Soperton; and for other purposes.
Referred to Committee on Special Judiciary.
HR 105-467A. By Messrs. Durden of Dougherty, McCracken of Jefferson, Hand of Mitchell, Connell of Lowndes, Gowen of Glynn, and Phillips of Columbia: A resolution to appropriate $2500.00 for expenses of the Committee on Interstate Cooperation; and for other purposes.
Referred to Committee on Interstate Cooperation.
HB 468. By Mr. Wells of Ben Hill:
A bill to be entitled an act to regulate the operation of dance halls, road houses, tourist homes, tourist cabins, and clubs in Ben Hill county; and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, FEBRUARY 16, 1943

575

HB 469. By Mr. Pirkle of Forsyth: A bill to be entitled an act to add a certain road to the state highway system; and for other purposes.
Referred to Committee on Public Highways No. 2.
HB 470. By Messrs. Hicks of Floyd, Mavity of Walker and Clark of Catoosa:
A bill to be entitled an act to prohibit the state, counties, municipalities and all tax and revenue collectors from paying to any corporation, firm or individual a percentage of any taxes for the collection thereof; and for other purposes.
Referred to Committee on State of Republic.

HB 471. By Mr. Harris of Richmond:
A bill to be entitled an act to codify the laws of Georgia relating to fraternal benefit societies; and for other purposes.
Referred to Committee on Insurance.

HB 472. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta to extend the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.
HB 473. By Messrs. Price and Hill of Clarke: A bill to be entitled an act to repeal an act requiring the payment of costs in divorce cases in Clarke county at the time of filing the petition; and for other purposes. Referred to Committee on Counties and County Matters.
HB 474. By Mr. Sills of Candler: A bill to be entitled an act to fix the salary of the clerk of the county commissioners of Candler county at $65.00 per month; and for other purposes.
y
Referred to Committee on Counties and County Matters.
Mr. Sills of Candler 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

576

JOURNAL OF THE HOUSE,

the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 189. Do Pass by substitute.
Respectfully submitted,
Sills of Candler, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House to wit:
HB 16.
HB 402.
HB 413.
HR 14.
HR 91. Respectfully submitted, Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House to wit:

HB 124.

HB 44.

HB 172.

Respectfully submitted,
Johnson of Chattahoochee, Chairman.

TUESDAY, FEBRUARY 16, 1943

577

Mr. Gillis of Treutlen County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 410. Do Pass.
HB 411. Do Pass. Respectfully submitted,
Gillis of Treutlen, Chairman.

Mr. Mixon of Irwin 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 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:
HB 152. Do Pass. HB 181. Do Pass by substitute.
HB 451. Do Pass. HB 439. Do Pass
SB 108. Do Pass.
HB 353. Do Not Pass. SB 64. Do Not Pass.
Respectfully submitted,
Oliver Mixon of Irwin, Chairman.

Mr. Daves of Dooly 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

578

JOURNAL OF THE HOUSE,

following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 94. Do Pass. Respectfully submitted, Daves of Dooly, Chairman.
Mr. Allison of Gwinnett 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:
HB 408. Do Pass. HB 435. Do Pass. HB 421. Do Pass. HB 434. Do Pass. HB 403. Do Pass. HB 327. Do Pass. HB 396. Do Pass. HB 394. Do Pass. HB 392. Do Pass. HB 357. Do Pass. HB 449. Do Pass.
Respectfully submitted, Allison of Gwinnett, Chairman.

Mr. Drake of Seminole County, Chairman of the Committee on Public Highways No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways No. 2 have had under consideration the following bills and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

TUESDAY, FEBRUARY 16, 1943

579

HB 77. Do Not Pass.
HB 78. Do Not Pass.
HR 46-198D. Do Not Pass.
HR 47-198E. Do Not Pass.
HB 294. Do Pass by substitute.
Respectfully submitted,
Drake of Seminole, Chairman.
Mr. Reid of Carroll County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 71. Do Pass.
SB 72. Do Pass.
SB 86. Do Pass.
Respectfully submitted,
Reid of Carroll, Chairman.
By unanimous consent, the following bills of the House and Senate favorably reported, were read the second time:
HB 152. By Mr. Key of Jasper:
A bill to be entitled an act to provide for the suspension by court order upon petition of parties at interest of any trustee, administrator, executor, guardian, or other fiduciary who enters the war service; and for other purposes.
HB 181. By Messrs. Harris and Nicholson of Richmond:
A bill to be entitled an act to amend the act of March 30, 1937 (Ga. laws, pp. 1101-1104) creating justices emeritus and advisory appellate council so as to make judges of the superior courts eligible after twenty years continuous service who have reached the age of seventy; and for other purposes.
HB 189. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to create a civil service board in Fulton county, define the duties of said board; and for other purposes.

580

JOURNAL OF THE HOUSE,

HB 294. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to add certain roads to the state highway system; and for other purposes.
H B 327. By Mr. Thrash of Coffee:
A bill to be entitled an act to create a zoning law for the City of Douglas; and for other purposes.
HB 357. By Mr. Reynolds of Clayton:
A bill to be entitled an act to incorporate the City of Morrow in Clayton county, to provide for the raising of revenue; and for other purposes.
HB 392. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta to authorize the mayor to administer the oath of office to members of general council; and for other purposes.
HB 394. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to amend the charter of the City of Davisboro to consolidate the offices of treasurer and city clerk; and for other purposes.
HB 3%. By Mr. Rossee of Putnam:
A bill to be entitled an act to amend the charter of the City of Eatonton to fix the salary of the city clerk; and for other purposes.
HB 403. By Mr. Sharpe of Toombs:
A bill to be entitled an act to amend the charter of the City of Vidalia to provide a permanent date for holding primary elections in the city; and for other purposes.
HB 408. By Mr. Salter of Upson:
A bill to be entitled an act to provide that councilmen or aldermen of the City of Thomaston shall be eligible to become candidates for mayor during their term as councilman or alderman; and for other purposes.
HB 410. By Messrs. Swint and Hightower of Spalding, Strickland of Haralson, Dunn of Lamar and Hicks of Floyd:
A bill to be entitled an act to amend the act of February 25, 1935 (Ga. laws 1935, pp. 369-372) to eliminate the limitation of the number of dealers in farmers' markets; and for other purposes.
HB 411. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to regulate the buying, selling, delivery, processing and resale of pecan nuts; and for other purposes.

TUESDAY, FEBRUARY 16, 1943

581

HB 421. By Messrs. Gholston of Madison, Price and Hill of Clarke:
A bill to be entitled an act to amend the charter of the Town of Hull to authorize the mayor and council to regulate the use of its streets for business purposes; and for other purposes.
HB 434. By Mr. Brewton of Evans:
A bill to be entitled an act to amend the charter of the City of Claxton to fix the salaries of city officials and employees; and for other purposes.
HB 435. By Messrs. Grayson, McNall and Alexander of Chatham: A bill to be entitled an act to amend the charter of the City of Savannah to extend the corporate limits; and for other purposes.
HB 449. By Messrs. Riddlespurger and Cheshire of Cloquitt: A bill to be entitled an act to create and establish a new charter for the City of Moultrie; and for other purposes.
HB 451. By Messrs. Clark of Catoosa and Culpepper of Fayette:
A bill to be entitled an act to amend section 61-301 of the code of 1933 to provide for dispossession of a cropper who breaks his contract with landlord by failing to work, or of a tenant who breaks his contract of rental and does not cultivate a crop; and for other purposes.
SB 71. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend act 373 of the acts of 1941 entitled, "an act to provide for a more efficient administration; and for other purposes.
SB 72. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend act 62 of the acts of 1937 approved February 26, 1936, and known as the "Welfare reorganization act of 1937"; and for other purposes.
SB 86. By Senator Ennis of the 20th district:
A bill to be entitled an act to amend an act approved March 3, 1937 (Ga. laws 1937, p. 758) so as to grant the trial judge jurisdiction to commit convicts between 16 and 18 years to Georgia state training school for boys; and for other purposes.
SB 94. By Senators Ingram of the 51st and Dean of the 34th districts:
A bill to be entitled an act to amend chapter 84-8 of the code of Georgia of 1933 entitled "Embalmers", defining their duties; and for other purposes.

582

JOURNAL OF THE HOUSE,

SB 108. By Senators Arnold of the 26th and Estes of the 35th districts:
A bill to be entitled an act to amend the code of Georgia of 1933 by amending code section 85-1803 as it relates to the assignment of accounts receivable; and for other purposes.

By unanimous consent the following bills of the Senate were read the first time, and referred to the committees:
SB 16. By Senators Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st and Dean of the 34th districts :
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 Committee on State of Republic.
SB 18. By Senators Dean of the 34th, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th and Ingram of the 51st districts:
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 Committee on State of Republic.
SB 19. By Senators Foster of the 40th, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th and Ingram of the 51st districts:
A bill to be entitled an act to amend section 88-801 of the Georgia code of 1933 relating to registration by owners of explosives and obtaining a license authorizing the ownership; and for other purposes.
Referred to Committee on State of Republic.
SB 90. By Senators Stark of the 33rd, Lester of the 18th, Raynor of the 4th, Harrison of the 17th and Bacon of the 28th districts:
A bill to be entitled an act to create the positions of judges emeritus, to provide for the eligibility of persons for appointment to such position to provide for the method of appointment to such positions and salaries to those holding such positions and their tenure of office; to provide that such persons holding such positions shall constitute an advisory appellate council of Georgia; to provide for its duties and the duties of those holding said positions; and for other purposes.
Referred to Committee on General Judiciary No. 1.

TUESDAY, FEBRUARY 16, 1943

583

SB 128. By Senator Ingram of the 51st district:
A bill to be entitled an act to create a board of commissioners of roads and revenue for Forsyth county, Georgia; to define the powers and duties of said board; to prescribe number and method of selection of its members; and for other purposes.
Referred to Committee on Special Judiciary.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 284. By Mr. Woodruff of Barrow: A bill to be entitled an act to amend the charter of the City of Winder; to provide a commission form of government; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 417. By Mr. Wright of Gilmer:
A bill to be entitled an act to repeal the act creating the office of commissioner of roads and revenues of the County of Gilmer; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 418. By Mr. Wright of Gilmer:
A bill to be entitled an act to creat the office of county commissioner of Gilmer county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
Under the order of unfinished business established yesterday by HR 100 the following bills and resolution of the House and Senate were taken up for consideration, read the third time and placed upon their passage;

584

JOURNAL OF THE HOUSE,

SB 53. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking laws which provide a limit for loans to any one person, firm or corporation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Mr. Elliott of Muscogee moved that SB 53 be tabled and the motion prevailed.
HB 175. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to amend the Homestead exemption law by fixing the time of filing of application at not later than May 1; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 217. By Mr. Broome of DeKalb:
A bill to be entitled an act to provide for the separation of first offenders from hardened criminals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed.
The 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 of the General Assembly convened for the purpose of hearing a message from the Honorable Beardsly Ruml, Chairman of the Board of the Federal Reserve Bank of New York and treasurer of R. H. Macy and Company of New York, was called to order by Honorable Frank C. Gross, President of the Senate.
The Secretary of the Senate read the resolution providing for the joint session.
. Accompanied by the Committee of Escort, Honorable Beardsley Ruml appeared upon the floor of the House and delivered an address.
Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve and the motion prevailed.
The speaker called the House to order.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

TUESDAY, FEBRUARY 16, 1943

585

HB 124. By Messrs. Smith and Durden of Dougherty, Waller and McCamy of Whitfield, Goldberg and Hurst of Coweta, Hand and Gardner of Mitchell, Deal and Brunson of Bulloch, McCracken of Jefferson, Burnside of McDuffie, McNall of Chatham, Gowen of Glynn, Ferguson of Camderr, Thurmond of Hall, Connell of Lowndes, Harden of Turner, Welsch of Cobb, Hicks of Floyd, Smith of Washington, Bargeron of Burke, Ray of Warren, Thigpen of Glascock, Salter of Upson, Branch of Tift, Miller of Lanier, Peck of Dade, Easler of Crawford, Etheridge of Fulton, Minchew of Atkinson, Holley of Richmond, and Key of Jasper:
A bill to be entitled an act to abolish the department of revenue and the office of state revenue commissioner; to create the department of finance and taxation; and for other purposes.
The following Senate substitute to HB 124 was read:
A Bill to be entitled-An Act to amend an Act approved January 3, 1938, {Ga. Laws Ex. Session 1937-38, page 77}, known as the Act creating the Department of Revenue, and providing for the administration of taxing laws, by fixing the salary of the State Revenue Commissioner; by abolishing the State Board of Tax Appeals; by providing for the discharge of the duties and functions of said Board; by providing for the assessment of property required to be' returned for ad valorem taxation by certain corporations and companies to the State Revenue Commissioner; and for other purposes.
BE IT ENACTED by the General Assembly of Georgia:
Section 1. That the Act of the General Assembly approved January 3, 1938, (Ga. Laws Ex. Session 1937-38, p. 77) entitled "An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner; to confer upon such commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority, duties and removal of the State Reveftue Commissioner; to provide for the organization and operation of the department; to create the State Board of Tax Appeals; to provide for review by the Board of the assessments and equalization orders of the Commissioner; to make appropriation for the Department and the Board; to provide for appeal from the Board to the Superior Courts; to enforce tax liability to other states which reciprocate; to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, and 92-68 and laws in conflict with this Act; to provide for the administration of and the enforcement of the tax laws; and for other purposes," be and the same is hereby amended by striking from Chapter II, section 2, thereof the words and figures "Forty-eight hundred dollars ($4,800.00)" and inserting in lieu thereof the words and figures "Six thousand dollars ($6,000.00)," so that said Section 2 of Chapter II shall read as follows:

586

JOURNAL OF THE HOUSE,

"Section 2. Creation of Department and Office. Salary, bond, oath. The office of State Revenue Commissioner and the Department of Revenue are hereby created. The Commissioner is hereby made head of the Department of Revenue. The Commissioner shall be appointed by the Governor with the consent of the Senate for a term of four years, provided, however, the first term beginning at the time of appointment and running to February 1, 1947. The Commissioner shall receive a salary of six thousand dollars .($6000.00) annually, payable monthly. Before entering upon the performance of his duties he shall execute and file an official surety bond, approved as to form and sufficiency by the Attorney General and amounting to seventy thousand dollars ($70,000), the premium on which shall be paid by the State. The Commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his office, which oath shall he in addition to that required of all civil officers."

Section 2. That said Act of January 3, 1938, be, and the same is hereby further amended by striking and repealing all of Sections 18, 19, 20, 21, 22, 23 and 24 of Chapter III thereof, which said sections create a State Board of Tax Appeals, and provide for the review of decisions of the State Revenue Commissioner, and substituting in lieu thereof new sections to be numbered section 18, section 19, and section 20, which shall read as follows:
"Section 18: Except as otherwise provided by this Act, all matters, cases, claims and controversies, of whatsoever nature, arising in the administration of the revenue laws, or in the exercise of the jurisdiction of the State Revenue Commissioner or the Department of Revenue, as conferred by this act, shall he for determination by the State Revenue Commissioner, subject to review by the courts as provided for by Section 45 of Chapter IV of this Act. The effect of this section shall he that, except as hereinafter provided, all final rulings, orders and judgments of the State Revenue Commissioner shall be subject to appeal and review under Section 45 of this act in the same manner, under the same procedure, and as fully, as if same had been considered and passed upon by the State Board of Tax Appeals. Any such appeal from a final ruling, order, or judgment of the State Revenue Commissioner shall be entered within the time prescribed by Section 45 of the Act: Provided, however, that nothing herein contained, and no provision of this Act, shall be construed to deprive a taxpayer against whom an execution for taxes has been issued under an assessment by the State Revenue Commissioner of the right to resist enforcement of the same by affidavit of illegality.
"All petitions for review filed and now pending before the Board of Tax Appeals shall be and they are hereby declared to be in the same position as if the ruling, order, finding or assessment of the Commissioner therein complained of and sought to be reviewed had been affirmed by the Board of Tax Appeals; and all such rulings, orders, findings or assessments now pending for review before the Board of Tax Appeals shall be final and conclusive unless the taxpayer who filed said petition for review shall, within thirty (30) days from the date of the passage of this Act, appeal said ruling, order, finding or assessment to the Superior Court in the manner

TUESDAY, FEBRUARY 16; ,1943

587

provided by Code Section 92-8446, except that in the case of a foreign corporation domesticated in Georgia the appeal shall be made within the time herein prescribed to the Superior Court of the County in which such foreign corporation was domesticated in Georgia.

"Section 19. The provisions of the foregoing section with reference to review-

ing assessments of the State Revenue Commission shall not apply to assessments for

ad valorem taxation against any person, corporation or company which was required by Chapter 92-59 of the Code of 1933 to retur~ his or its property for ad valorem

taxation to the Comptroller-General and is now required by such chapter and this

Act of January 3, 1938, to make such returns to the State Revenue Commissioner.

The State Revenue Commissioner shall carefully scrutinize such returns made to

him, and if in his judgment the property embraced therein is returned below its

value or the return is false in any particular, or in any wise contrary to law, he

shall, within sixty days thereafter, correct the same and assess the value, from any

information available. If any such person, corporation or company shall be dissatis-

fied with the assessment or correction of such returns as made by the State Revenue

Commissioner or the Department of Revenue, such taxpayer shall have the privi-

lege, within twenty days after notice of such assessment and correction, to refer the

<JJUestion of true value or amount to arbitrators as provided by Chapter 92-60 of the

. Code of Georgia of 1933. Such arbitrators shall consist of one chosen by the tax-

payer and one chosen by the governor. If the arbitrators thus chosen shall be in

disagreement, they shall choose an umpire. If such arbitrators disagree and shall

fail to select an umpire within thirty days after receiving notice of their appoint-

ment, the Chief Justice of the Supreme Court of Georgia shall select an umpire.

Every arbitrator or umpire chosen hereunder shall be a citizen of Georgia. The

award shall be made by the arbitrators or by the arbitrators and the umpire, as the

case may be, within thirty days from the appointment or selection of such umpire.

The decision and award of the arbitrators or of the arbitrators and the umpire shall

be subject to appeal and review in the same manner as decisiqns and orders of the

State Board of Tax Appeals were subject to appeal and review under the terms of

Section 45 of this Act.



"Section 20. Sections 92-7004 to 92-7006 of the Code of Georgia of 1933, which relate to arbitration of State Revenue Commission's equalization of county assessments are hereby repealed. Chapter 92-60 (Section 92-6001 to 92-6007) of the Code of Georgia of 1933, as modified by the provisions of the foregoing Section 19, shall continue and remain in full force and effect as if fully set forth herein."

Section 3. All laws and parts of laws in conflict with this act are hereby repealed.

Mr. Durden of Dougherty moved that the House adopt the Senate substitute to HB 124.
On the motion to adopt the Senate substitute to HB 124, the ayes were 114, the nays 0.

588

JOURNAL OF THE HOUSE,

The mQtiQn to adopt the Senate substitute to HB 124 prevailed and the Senate substitute to HB 124 was adopted.
Under the order of unfinished business established yesterday by HR 100, the following bills and resolution of the House and Senate was taken up for consideration, read the third time and placed upon their passage:
HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Gowen of Glynn, Allison of Gwinnett and Phillips of Columbia:
A bill to be entitled an act to supersede the title insurance act of 1939 (Ga. laws 1939, p. 376), to regulate and license title insurance companies; and for other purposes.
Mr. Allison of Gwinnett 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 118, the nays 0.
The bill having received the requisite consttiutional majority was passed.
HR 56-237A. By Mr. Smith of Dougherty:
A resolution providing for the payment to the heirs of C. W. Crankshaw of the balance of purchase price, with interest, on three pieces of silver presented by the State of Georgia, through its Governor, to the President of the United States, for the Battleship Georgia, and subsequently placed in the Governor's Mansion of the State of Georgia; and for other purposes.
The following committee substitute for HR 56-237A was read and adopted:
By Mr. Smith of Dougherty and Mrs. Mankin of Fulton.
A resolution to authorize the executive department to pay, from funds provided for the purchase of equipment at the capitol and mansion, the balance of the amount due on the "Battleship Georgia" silver service.
Whereas, the Battleship Georgia silver service was contracted for and purchased by individual subscription of a Committee of Georgia citizens; the State of Georgia participating; and
Whereas, there is a balance unpaid for the purchase price of this silver; and
Whereas, the silver service has been returned to Georgia and placed in the mansion for use in connection with the operation of the mansion;
Therefore, be it resolved by the House of Representatives, the Senate concurring, that the executive department is hereby authorized and directed to purchase and pay the balance due on said silver service for use at the mansion, for the sum of

TUESDAY, FEBRUARY 16, 1943

589

twenty-six hundred dollars which is due thereon, and the same to be charged against the funds provided for the purchase of equipment for the executive mansion.
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 ayes were 116, the nays 0.
The resolution having received the requisite constitutional majority was adopted by substitute.
SB 65. By Senators Terrell of the 19th, and Williams of the 5th districts:
A bill to be entitled an act to preserve the eligibility of certain newspapers to be designated as official organs for the publications of legal advertisements when such newspapers have been forced to suspend publication because of the exigencies of war; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was read and adopted:
Your Committee on Rules has met and had under consideration a resolution establishing a special and continuing order of business and recommends that same do pass.
Durden of Dougherty, Vice-Chariman.

HR 104. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business, to wit:
l. HB 183. Peace officers pension bill. 2. HB 373. Creating the Georgia state guard. 3. HB 154. Amendment to income tax law. 4. HB 205. Relating to testamentary guardians. 5. HB 206. Prohibiting husband from receiving the earnings of his wife. 6. HR 38-133C. Constitutional amendment relating to Spalding county. 7. HB 149. Establishing an election canvassing board.

590

JOURNAL OF THE HOUSE,

8. HB 150. Relating to talley sheets and list of voters. 9. HB 162. Providing for ballots in elections other than primary elections. 10. HB 163. Pertaining to registered voters lists. 11. HB 164. Certifying names of candidates of political parties.
By unanimous consent, HR 104 was adopted.

Under the special and continuing order of business established by HR 104 the following bills and resolution of the House were taken up for consideration, read the third time and placed upon their passage:

HB 183. By Mr. Key of Jasper, Fortson of Wilkes, Malone and Ogburn of Laurens, Russell of White, and Padgett of Echols:

A bill to be entitled an act to provide a source of revenue and a method of paying out same for the protection and benefits of the peace officers of the State of Georgia; and for other purposes.

Mr. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.
2:00P.M.

The speaker called the House to order.

Further consideration of the following bill of the House was again resumed:

HB 183. By Messrs. Key of Jasper, Fortson of Wilkes Malone and Ogburn of Laurens, Russell of White, and Padgett of Echols:

A bill to be entitled an act to provide a source of revenue and a method of paying out of same for the protection and benefits of the peace officers of the State of Georgia; and for other purposes.

Mr. Smith of Muscogee moved that HB 183 be indefinitely postponed.

On the motion to indefinitely postpone, Mr. Fortson of Wilkes moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Alexander Baker Bates Battles Barfield Bargeron

Bowen Boynton Brunson Bynum Caldwell Cates Clark

Connell Copland Crummey Culpepper Dorsey Drake Dukes

TUtSDAY, FEBRUARY 16; 1943

591

Durden Edwards Elliott Ferguson Fisher Fussell Gardner Gaskins Gillis Goldberg Gowen Gray Greene of Schley Guerry Guyton Hagan Hardy Hart of Quitman Hart of Thomas Hicks Hill of Troup Hogg

Holley

Phillips

Horne

Porter

Hurst

Price

Johnson of Chattahoochee Pruitt

Johnson of Pike

Reid

Jones

Roper

Kelly of Thomas

Roughton

Kendrick

Sharpe

Looper

Sheppard

Mankin

Smiley

Mavity

Smith of Carroll

Mcintosh

Smith of Dougherty

McNall

Smith of Muscogee

Medders

Smith of Washington

Miller

Sparks

Mills

Sumner

Mims

Swint

Minchew

Warnock

Moore of Baldwin

Weaver

Nicholson of Richmond Welsch

Oliver

Williams of Coffee

Peck

Those voting in the negative were:

Alwood Anderson Bennett Bentley Boone Branch Bridges Broome Burnside Campbell of Newton Cannon Chance Cheshire Cowart Dallis Dalton Daves Deal Easler Fortson Gavin Gholston

Giddens Graham Greene of Jones Harden Hartness Hatchett Hefner Herndon Hightower Hubert Jennings of Sumter Jennings of Terrell Johns Johnston Key Knabb Livingston Mabry Malone Martin Mason Maund

McEntire Mitchell Mixon Moore of Taliaferro Nicholson of Oconee Ogburn Overby Padgett Park Parker Pettit Pirkle Powell Reynolds Riley Rossee Rowland Russell Sills Smith of Oglethorpe Strickland Thigpen

592

JOURNAL OF THE HOUS,

Thompson Thrash Waller Wells of Ben Hill

Whipple Wilbanks of Habersham Williams of Harris Willoghby

Those not voting were:

Wilson Woodruff Yawn

Allison Brewton Burton Campbell of Polk Curry DorsettDunn DuPree Dyal Ennis Etheridge Foster Gaston Gilbert

Grayson Hand Heard Hill of Clarke Hooks Howard Joiner Kelly of Walker Littlejohn McCamy McCracken Moate Norman Pannell

Odom Ray Rees Riddlespurger Rountree Salter Thomas Thurmond Turner Wells of Telfair Wilbanks of Cherokee Williams of Gwinnett Wright Mr. Speaker

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

On the motion to postpone indefinitely, the ayes were 88, the nays 77.

The motion prevailed and HB 183 was indefinitely postponed.

By unanimous consent, the following bills and/or resolutions of the House were introduced, read ~he first time and referred to committees:

HR 106-474A. By Mrs. Mankin of Fulton, Messrs. Brewton of Evans, Peck of Dade, Dukes of Bryan, Smiley of Liberty and Mrs. Guerry of Macon:
A resolution designating the week beginning February 22, 1943, as "WAAC Week" and indorse the campaign for recruiting women's army auxiliary corps; and for other purposes.

Referred to Committee on Military Affairs.

HB 475. By Mr. McCracken of Jefferson:
A bill to be entitled an act to require the fiscal authorities of all counties where the sheriff is paid on a fee basis to compensate the sheriff for investigations, and pay the expenses of investigations, including mileage for use of cars; and for other purposes.

Referred to Committee on State of Republic.

HB 476. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:

A bill to be entitled an act to amend the charter of the City of Atlanta to

TJESDAY, FEBRUARY 16, 1943

593

provide when a nember of the fire department is killed in line of duty his widow shall be pad an amount which added to the pension will equal his monthly salary for ne year; and for other purposes.
Referred to Commitee on Municipal Government.

HB 477. By Messrs. Etherid:e and Kendrick and Mrs. Mankin of Fulton: A bill to be entitled a1 act to amend the pension act of the City of Atlanta to provide when any nember of the fire department has joined the armed forces of the United Sates the time served in the armed forces shall be considered time served 1nder the terms of the pension act; and for other purposes.
Referred to Committee on Municipal Government.

HB 478. By Mr. Thigpen of Glas()ck:
A bill to be entitled an actto amend the charter of the Town of Gibson and to reincorporate said tovn and change the name to the "City of Gibson"; and for other purpose,
Referred to Committee on M,nicipal Government.

HB 479. By Messrs. Deal and Brunsct of Bulloch and Guyton of Effingham: A bill to be entitled an act to 1ppropriate the sum of $2500.00 to pay W. Herbert Brannen, who was mde prisoner by five escaped convicts in his automobile, and was injured by >fficers attempting to capture said convicts; and for other purposes.
Referred to Committee on Specil Appropriations.

HR 107-479A. By Messrs. Guyton of lffingham, Park of Greene and Brunson of Bulloch:
A resolution specifying the mannor of pledging allegiance to the Georgia flag.
Referred to Committee on State ofRepublic.
HR 108-479B. By Messrs. Price and Hill ,f Clarke:
A resolution proposing an amendmat to article 7, section 1, paragraph 1, of the constitution to make provisiomfor the payment of pensions to widows of confederate soldiers who were maried to such soldiers prior to January 1, 1937; and for other purposes.
Referred to Committee on Amendmer:s to Constitution No. 1.
HB 480. By Messrs. Hand and Gardner of Mtchell:
A bill to be entitled an act to make te tax collector of Mitchell county

594

JOURNAL OF THE HOUSJ,

ex-officio sheriff for the sole purpose of coll.cting taxes; and for other purposes.
Referred to Committee on Counties and Coutty Matters.

HR 109-480A. By Messrs. Harris of Richmond, Duden of Dougherty, and Kendrick of Fulton:
A resolution designating Wednesday, Felruary 24, 1943, as Army-Navy Salvage day and requesting all business6 to close and aid local salvage committees in the collection of scrap maerials.
Referred to Committee on State of Rer.Jblic.

Mr. Miller of Lanier moved that the follming bill of the Senate be taken from the table:
SB 53. By Senator Arnold of the 26th distric:
A bill to be entitled an act to ametd the banking laws which provide a limit for loans to any one person, fi'm, or corporation; and for other purposes.
On the motion to take SB 53 from the able, the ayes were 109, the nays 0.
The motion prevailed, SB 53 was takn from the table and placed at the foot of the calendar.
Under the special and continuing ordr of business established by HR 104 the following bill of the House was taken upfor consideration, read the third time and placed upon its passage:
HB 373. By Messrs. Thurmond of Hll, Ferguson of Camden, Price of Clark, Heard of Elbert, and Yawn of Dodge:
A bill to be entitled an act to ceate a Georgia State Guard, to provide for training, discipline, pay and disoarge, to provide for group life, accident and hospitalization insurance; and for other purposes.
The report of the committee, wh:h was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ays were 103, the nays 0.
The bill having received the reqtsite constitutional majority was passed.
Mr. Durden of Dougherty move that the House adjourn until tomorrow morning at 10:00 o'clock and the motion revailed.
The speaker announced the Hose adjourned until tomorrow morning at 10:00 o'clock.

WEDNESDAY, FEBRUARY 17, 1943

595

Representative Hall, Atlanta, Georgia. Wednesday, February 17, 1943.
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 a 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 corrct.
By unanimous consent, the reading of the journal wa~ 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: l. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills. The following resolution of the House was read and referred to the Committee on Rules:
HR 110. By Mr. Durden of Dougherty:
A RESOLUTION.
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business, to-wit: l. HB 256. Creating eminent domain to pipe line companies. 2. HB 154. Amendment to income tax law. 3. HR 205. Relating to testamentary guardians. 4. HB 206. Prohibiting husband from receiving the earnings of his wife. 5. HR 38-l33C. Constitutional amendment relating to Spalding county. 6. HB 149. Establishing an election canvassing board. 7. HB 150. Relating to tally sheets and list of voters.

596

JOURNAL OF THE HOUSE,

8. HB 162. Providing for ballots in elections other than primary elections.
9. HB 163. Pertaining to registered voters lists.
10. HB 164. Certifying names of candidates of political parties.
11. HB 19. Qualifications of dental nurses.
12. HB 118. Tax on miniature pool tables.
13. SB 39. Relating to bond in foreclosure proceedings.
14. SB 22. Providing for sale and transfer of evidence of indebtedness by guardians, etc.
15. SB 24. Providing for sale of stocks for bonds by guardians, etc.
16. SB 25. Providing for method for obtaining leave to sell under a year's support.
17. SB 53. Providing a limit for loans by state banks.
18. SB 62. Authorizing investment in war bonds by political sub-divisions. 19. HB 333. Relating to charters of non-profit cooperative associations. 20. SB 52. Deposits of deceased depositors. By unanimous consent, the following bills andjor resolutions of the House were introduced read the first time and referred to committees:
HB 481. By Mr. Durden of Dougherty: A b!U to be entitled an act to amend the charter of the City of Albany to empower the City of Albany to own and operate a transportation system to operate within the city and four miles beyond the city limits; and for other purposes. Referred to Committee on Municipal Government.
HB 482. By.Messrs. Durden and Smith of Dougherty: A bill to be entitled an act to further define and regulate fraternal beneficiary orders, associations or societies; and for other purposes. Referred to Committee on Insurance.
HB 483. By Messrs. Curry of Randolph, Gavin of Clay, Key of Jasper, Moore of Baldwin, and Dunn of Lamar: A bill to be entitled an act proposing an amendment to Article 7, Section 2, Paragraph 1, of the Constitution to authorize municipal corporations to levy a tax of not to exceed five per cent upon wages and salaries of persons work-

WEDNESDAY, FEBRUARY 17, 1943

597

ing within the corporate limits, or upon net profits of business and professions; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

HB 484. By Mr. Porter of Gordon:
A bill to be entitled an act to amend the charter of the Town of Sugar Valley to authorize the adoption of ordinances; to authorize the issuance of bonds not to exceed $25,000.00 and for the purpose of public improvements; and for other purposes.
Referred to Committee on Municipal Government.

HB 485. By Mr. Mabry of Sumter:
A bill to be entitled an act to amend the charter of the Town of Leslie to enlarge the duties of the tax assessors and provide a method of arbitration; and for other purposes.
Referred to Committee on Municipal Government.
HB 486. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Hapeville to authorize zoning ordinances; to provide for absentee ballots in city elections; and for other purposes.
Referred to Committee on Municipal Government.
HB 487. By Mr. Giddens of Calhoun:
A bill to be entitled an act to abolish the City Court of Morgan and transfer all records and pending cases to the Superior Court of Calhoun County; and for other purposes.
Referred to Committee on Special Judiciary.
HB 488. By Mr. Waller of Whitfield:
A bill to be entitled an act to provide for a tax upon the use and/or sales of certain commodities, wares, goods, soft drinks and other merchandise, and upon admissions to games, amusements, and entertainments; and for other purposes.
Referred to Committee on Ways and Means.
HB 489. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend the acts creating the board of commissioners of Bibb county to provide for adoption of rules, regulations and

598

JOURNAL OF THE HOUSE,

ordinances for the security, welfare and health of said county, and for the preservation of peace; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 490. By Messrs. Weaves, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to authorize a mayor and council to order repairs or elimination of property certified as fire hazards or detrimental to health; to provide the city may make repairs and issue an execution against property after proper notice; and for other purposes.
Referred to Committee on Municipal Government.
HB 491. By Mr. Howard of Long:
A bill to be entitled an act to amend the act creating the board of commissioners of Long county fixing the terms of the commissioners and providing for a county attorney and fixing his salary; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 492. By Messrs. Gaston of Butts, Nor man of Henry, and Mitchell of Monroe:
A bill to be entitled an act to make it unlawful for any person to have in his possession or to work upon any apparatus use, or designed to be used for distilling any alcoholic or spirituous liquors in violation of state laws; and for other purposes.
Referred to Committee on Temperance.

HR lll-492A. By Messrs. Weaver, Barfield and Wilson of Bibb:
A resolution proposing an amendment to article 2, section 1, of the Constitution authorizing the governing authorities of Bibb county to establish districts for sanitation, garbage removal, fire prevention, and other public facilities, and to levy taxes and assessments; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HR 112-492B. By Messrs. Connell and Cowart of Lowndes, Joiner of Cook, Branch of Tift, Wells of Lanier, Padgett of Echols, and Cheshire of Colquitt:
A resolution urging the federal authorities to apply price ceilings to the flue-cured tobacco crop by a method that will not destroy the auction system of selling tobacco; and for other purposes.
Referred to Committee on General Agriculture No. 2.

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599

HR 113-49;B. By Messrs. Welsch of Cobb, Goldberg and Hurst of Coweta, and Gay of Houston: .b. resolution proposing an amendment to article 7, section 1, paragraph 1, Jf the Constitution to provide by taxation an annuity and benefit fund for peace officers of Georgia; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HB 493. By Messrs. Grayson, MeN all and Alexander of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah to extend the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.
HB 494. By Mr. Harris of Richmond: A bill to be entitled an act proposing an amendment to article 7, section 2, paragraph 2, of the Constitution to exempt from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation where ninety per cent thereof is held by a Georgia corporation; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
HB 495. By Mr. Boynton of Union:
A bill to be entitled an act establishing a new charter for the City of Blairsville; and for other purposes.
Referred to Committee on Municipal Government.
HB 496. By Messrs. Whipple of Bleckley, Dupree of Pulaski, and Yawn, of Dodge:
A bill to be entitled an act to require an advance payment of $10.00 as cost in divorce cases filed in the superior courts of Bleckley, Pulaski and Dodge counties; and for other purposes.
Referred to Committee on Special Judiciary.

HB 497. By Mr. Williams of Coffee:
A bill to be entitled an act to amend the charter of the City of Douglas to provide for the permanent registration of voters and for the board of registrars to make up a voters list ten days before each city election; and for ohter purposes.
Referred to Committee on Municipal Government.
HR 115-497A. By Mr. McNall of Chatham:
A resolution directing the Governor to proclaim March 12 of each year

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JOURNAL OF THE HOUSE,

"Juliette Low-Girl Scout Day" commemorating the founding of the girl scout movement in United States by Juliette Gordon Low.
Referred to Committee on Historical Research.
HB 498. By Messrs. Thurmond of Hall, Jennings of Terrell, Mitchell of Monroe, Cheshire of Colquitt, Ray of Warren, Smith of Dougherty, Etheridge of Fulton, and Mesdames. Mankin of Fulton, and Guerry of Macon.
A bill to be entitled an act to regulate outdoor advertising near Ptblic roads and highways; to regulate the erection of advertising structwes, devices, signs, billboards and displays; and for other purposes.
Referred to Committee on State of Republic.
Mr. Welsch of Cobb County, Chairman of the Committee on Amendments to Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 2 have had under consideration the following bill and resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 31-llSA. Do Not Pass.
HB 116. Do Not Pass.
And that the written report of the sub-committee with reference to said resolution and said bill be filed with this report and be made a part thereof.
Respectfully submitted,
Welsch of Cobb, Chairman.

To the Committee on Constitutional Amendments No. 2:
The committee appointed to inquire into the constitutionality of House Bill No. 116 and House Resolution No. 31-llSA submits the following report:
We have made careful inquiry into the cons~itutionality of this Bill and Resolution and have discussed the matter with the Attorney General, who has been kind enough to supply us with a written memorandum with regard to the constitutionality of these measures. This memorandum is attached heret;o for the reason that it goes into the matter very fully.
After giving due consideration to this question, the subcommittee reports that,

WEDNESDAY, FEBRUARY 17, 1943

601

in its opinion, the Bill and the Resolution are both unconstitutional.
Respectfully. submitted,
Thad L. Bynum, Allison of Gwinnett
1ames B. Park,
Chas. L. Gowen,
H. 0. Hubert, 1r.,
M.G. Hicks, A. L. Alexander, Chairman.

State of Georgia
Department of Law
Atlanta
T. Grady Head, Attorney General
February 12, 1943.
Mr. A. L. Alexander, Chairman Subcommittee,
Amendments to the Constitution No. Two,
State Capitol,
Atlanta, Georgia.
Dear Mr. Alexander:
In line with your request, I am giving you this memorandum for use by the Subcommittee in its consideration of the Constitutional Amendment pertaining to the Georgia Railroad and Banking Company (H. B. 116).
Section 10, Article 1 of the Constitution of the United States provides in part as follows:
"No State shall______________________pass any_____________________ _law impairing the obligation of contracts(" (Section 1-134, Annotated Code of Georgia).
Paragraph 2 of Article of the Constitution of the State of Georgia provides as follows:
"No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed." (Section 2-302 of the Annotated Code of Georgia).
The question of the taxability of the Georgia Railroad and Banking Company has been before the Supreme Court of the United States in the case of Wright, Comptroller General vs. Georgia Railroad and Banking Company, 216 U. S., p. 420. The

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JOURNAL OF THE HOUSE,

Supreme Court in consideration of the case referred to abpve, and in dealing with the charter provisions of the Georgia Railroad and Banking Company, in the opinion delivered by Mr. Justice Lurton, made this statement in the body of the opinion:
"The charter in question was granted by the State of Georgia in 1833,-a time long before the imposition of any restriction upon the power of the legislature of that state to stipulate for either an entire or partial exemption from taxation. It is, therefore, not denied by the state that the charter constitutes a contract which may not be impaired by subsequent legislation. In view of this concession we are only called upon to decide the extent of the charter exemption, and, incidentally, its duration.
"The controlling section of the charter is the fifteenth. The part now relevant is as follows :
" 'The stock of the said company and its branches shall be exempt from taxation for and during the term of seven years from and after the completion of the said
railroads, or any of them; and after that, shall be subject to a tax not exceeding %
of 1 per cent per annum, on the net proceeds of their investments.' "
And in arriving at the conclusion that the Georgia Railroad and Banking Com-
pany could not be taxed other than the tax contained in their charter provision of %
of 1% of the net proceeds, the Court held that:
"A tax upon the franchise of a railway company impairs the obligation of a charter exemption from any property tax other than one based on its net profits.''
In the case. of Wright, Comptroller vs. Georgia Railroad and Banking Company, the Supreme Court stated in effect that a consolidation of properties after the charter provision herein referred to would not extend the exemption granted to the Georgia Railroad and Banking Company, and held that a branch, the Washington Railroad or Plank Road Company, therefore was not exempt from taxation. There can be no question, however, after consideration of the Wright case, but that the provision contained in the charter of the Georgia Railroad and Banking Company is valid, and the Supreme Court has in effect said that any attempt to collect any
tax from this railroad other than the % of 1% of net proceeds would be in violation
of the Constitutional provisions against the impairment of a contract.
In this connection see
Central Railroad and Banking Company v. Georgia, 92 U. S., p. 665 ;
Merchants National Bank v. United States, 101 U. S., p. 1;
Central of Georgia Railroad v. Wright, 248 U. S., p. 525.
Other authorities might be cited on the proposition that the properties of the Georgia Railroad and Banking Company are not subject to any franchise or ad
valorem tax, and are not subject to any tax except the lf2 of 1% of the net proceeds,
as provided in the charter granted the company, but it is my opinion that the case of

WEDNESDAY, FEBRUARY 17, 1943

603

Wright, Comptroller General vs. Georgia Railroad and Banking Company, supra, is controlling and that the State is bound by this decision, nor do I know of any recent opinion of the Supreme Court that would incline me to any belief that the Supreme Court would or could entertain any other view than that laid down in the Wright case.

You will please understand, of course, that this expression is entirely unofficial, and is given you for whatever value it may have to you and your Subcommittee in your consideration of proposed legislation. Any expression of opinion of the writer is not binding on any member of the Committee and is made solely for the purposes above stated.

With kindest regards, I am Sincerely yours,
TGH:MS

T. Grady Head.

Mr. Sills of Candler County, Chairman of the Committee on Counties and County Matter, 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:
HB 432. Do Pass. HB 447. Do Pass. HB 473. Do Pass. HB 437. Do Pass. HB 466. Do Pass. HB 465. Do Pass. HB 474. Do Pass. HB 462. Do Pass. HB 464. Do Pass. HB 445. Do Pass. HB 446. Do Pass. HB 231. Do Pass.

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JOURNAL OF THE HOUSE,

SB 120. Do Pass. SB 123. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Thrash of Coffee County, Chairman of the Committee on Education No. 1, submitted the efollowing report:
Mr. Speaker:
Your Committee on Education 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:
HB 385. Do Pass.
SB 20. Do Pass.
Respectfully submitted,
Thrash of Coffee, Chairman.

Mr. Hatchett of Meriwether 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 bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 347. Do Pass.
HB 380. Do Pass.
Respectfully submitted,
Hatchett of Meriwether, Chairman.
Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House to-wit:

WEDNESDAY, FEBRUARY 17, 1943

605

HB 175. HB 217. HB 284. HB 307. HB 373. HB 417. HB 418. HR 56.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bill of the House to-wit:
HB 268.
Respectfully submitted,
Johnson of Chattahoochee, Chairman.

Mr. Mason of Morgan County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:

Mr. Speaker:

Your Committee on General Agriculture No. 1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 266. Do Pass as amended.

HB 269. Do Not Pass.

HB 425. Do Pass.

Respectfully submitted,

Mason of Morgan, Chairman.

606

JOURNAL OF THE HOUSE,

Mr. Gillis of Treutlen County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following bill of the House and have instructed me as Chairman, as report the same back to the House with the following recommendations:
HB 325. Do Pass by substitute.
Respectfully submitted,
Gillis of Treutlen, Chairman.

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1 submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary No. 1 have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations.

HB 385. Do Pass as amended.

HB 430. Do Pass.

SB 90. Do Pass.

Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Daves of Dooly County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. Speaker:

Your Committee on Hygiene and Sanitation have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 194. Do Pass.

HB 450. Do Pass.

SB 85. Do Pass.

Respectfully submitted,

Daves of Dooly, Chairman.

WEDNESDAY, FEBRUARY 17, 1943

607

Mr. Phillips of Columbia County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 455. Do Pass.
HB 133. Do Pass by substitute. Respectfully submitted, Phillips of Columbia, Chairman.

Mr. Thurmond of Hall County, Chairman of the Committee on Military Affairs, has submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 106. Do Pass.

Respectfully submitted,
Thurmond of Hall, Chairman.

Mr. Allison of Gwinnett 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:

HB 476. Do Pass. HB 477. Do Pass.

Respectfully submitted,
Allison of Gwinnett, Chairman.

608

JOURNAL OF THE HOUSE,

Mr. Price of Clarke County, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker:
Your Committee on Public Library have had under consideration the following resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 94-431A. Do Pass.
SR 40. Do Pass.
Respectfully submitted,
Price of Clarke, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills 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:
HB 438. Do Pass HB 443. Do Pass. HB 444. Do Pass. HB 467. Do Pass. HB 398. Do Pass. HR 95-431. Do Pass. HB 453. Do Pass. SB 111. Do Pass. SB 104. Do Pass. SB 128. Do Pass.
Respectfully. submitted,
Mims of Miller, Chairman.

By unanimous consent, the following bills and resolutions, favorable reported, were read the second time:

WEDNESDAY, FEBRUARY 17, 1943

609

HB 133. By Messrs. Allison of Gwinnett and Burnside of McDuffie:
A bill to be entitled an act to levy a $5.00 fee against each insurance company for every agent, solicitor, sub-agent, manager, assistant manager, superintendent, or assistant superintendent; and for other purposes.
HB 194. By Messrs. Allison of Gwinnett, Russell of White, Y 11wn of Dodge, Sparks of Towns, Boynton of Union and Deal of Bulloch:
A bill to be entitled an act to require the inoculation of dogs against rabies; to provide a rabies inspector in each county; to require the wearing of a tag by all dogs; and for other purposes.
HB 231. By Mr. Reid of Carroll:
A bill to be entitled an act to provide for the change of county lines lying within the limits of incorporated towns and cities; and for other purposes.
HB 266. By Messrs. Gaskins of Berrien, Bennett of Ware, Willoughby of Clinch, Cowa~:_t of Lowndes, Knabb of Charlton and Minchew of Atkinson:
A bill to be entitled an act to amend the act approved March 31, 1937, (Ga. Laws 1937, pp. 716-719) by striking section 4 in its entirety and substituting a new section to provide any dealer purchasing animals for resale or slaughter shall keep the license number of the automobile or truck of the seller and a description of the animals bought, and obtain a bill of sale; and for other purposes.
HB 285. By Messrs. Rowland of Johnson, Anderson of Wayne and Giddens of Calhoun:
A bill to be entitled an act to provide that theaters, night clubs, restaurants where entertainments are presented, and supper clubs to provide adequate exits for use in emergencies; and for other purposes.
HB 345. By Mr. Johnson of Pike:
A bill to be entitled an act to regulate the sale of mules and horses and to require dealers to register with the ordinary; and for other purposes.
HB 347. By Messrs. Hatchett of Meriwether, Dalton of Banks, Willoughby of Clinch and Whipple of Bleckley:
A bill to be entitled an act to amend section 32-919 of the Code of 1933, relating to transportation of pupils and teachers, to provide the State Board of Education may set up rules and regulations; and for other purposes:
HB 380. By Mr. Boynton of Union:
A bill to be entitled an act to provide an additional salary for the county school superintendent of Union county; and for other purposes.

610

JOURNAL OF THE HOUSE,

HB 385. By Messrs. Smith, Copland and Elliott of Muscogee:
A bill to be entitled an act to provide how members of county boards of education shall be selected in counties containin~ less than five militia districts; and for other purposes.

HB 398. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to require an advance deposit of $10.00 by the plaintiff in divorce cases filed in the Superior Court of Washington coun and for other purposes.

HB 425. By Mr. Woodruff of Barrow:
A bill to be entitled an act to regulate the labeling and sale of agricultural, vegetable and certain forest tree seeds; and for other purposes.

HB 430. By Smith and Copland of Muscogee:
A bill to be entitled an act to amend section 4-214 of the Code of 1933, to provide that death of a person who has executed a power of attorney, under certain circumstances shall have the same force and effect as though coupled with an interest in the property; and for other purposes.

HB 432. By Mr. Porter of Gordon:
A bill to be entitled an act to raise the salary of commissioner of Gordon county to $3,000.00 per year; and for other purposes.
HB 437. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to create a DeKalb county waterworks advisory board, to define and prescribe the powers and authority of such board; and for other purposes.
HB 438. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to fix the salary for the court reporter of the Stone Mountain judicial circuit; and for other purposes.
HB 443. By Messrs. Bargeron and Cates of Burke:
A bill to be entitled an act to amend the act establishing the City Court of Waynesboro to provide for trial by a jury of six when twelve jurors are not demanded; and for other purposes.
HB 444. By Messrs. Barfield, Weaver and Wilson of Bibb:
A bill to be entitled an act to provide for holding six regular terms each year of Superior Court of Bibb county, and fix the time of holding same; and for other purposes.

WEDNESDAY, FEBRUARY 17, 1943

611

HB 445. By Mr. Dorsett of Douglas:
A bill to be entitled an act to amend the act creating the office of tax commissioner of Douglas county to provide for clerical help to the commissioner, and the salary for such help; and for other purposes:
HB 446. By Mr. Fussell of Webster:
A bill to be entitled an act to provide the method of electing members of the Webster county board of education; and for other purposes.
HB 447. By Mr. Dorsett of Douglas:
A bill to be entitled an act to abolish the board of commissioners of roads and revenues of Douglas county; and for other purposes.
HB 450. By Mr. Hartness of Fanhin:
A bill to be entitled an act to regulate and improve sanitation of restaurants, cafes, hotels, tourist homes, tourist camps, and summer camps; to provide no person with contageous or communicable disease shall be employed in such places; to direct the State Department of Public Health to enforce rules and regulations governing such places; and for other purposes.
HB 453. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to fix the salary of the clerk of the Superior Court of Bulloch county and his clerical help; and for other purposes.
HB 455. By Messrs. Harris of Richmond and Durden of Dougherty:
A bill to be entitled an act to provide for joint control with any surety of money or securities or other assets by any administrator, executor, guardian, trustee or other fiduciary for whom a bond is required; and for other purposes.
HB 462. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to create a board of commissioners of roads and revenues for Carroll county; and for other purposes.
HB 464. By Mr. Anderson of Wayne:
A bill to be entitled an act to authorize the Governor to deed to Wayne county certain tracts of land donated by Wayne county to the state; and for other purposes.
HB 465. By Mr. Moore of Taliaferro:
A bill to be entitled an act to amend the act designating a county depository; and for other purposes.

"

612

jOURNAL OF THE HOUSE,

HB 466. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend an act approved August 8, 1924, (Ga. Laws 1924, p. 301) to provide that a member of the board of commissioners may be named a trustee of the county operated hospital; and for other purposes.
HB 467. By Mr. Gillis of Treutlen:
A bill to be entitled an act to change the time for holding the quarterly terms of the City Court of Soperton; and for other purposes.
HB 473. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to repeal an act requiring the payment of costs in divorce cases in Clarke county at the time of filing the petition ; and for other purposes.
HB 474. By Mr. Sills of Candler:
A bill to be entitled an act to fix the salary of the clerk of the county commissioners of Candler county at $65.00 per month; and for other purposes.
HB 476. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta to provide when a member of the fire department is killed in line of duty his widow shall be paid an amount which added to the pension will equal his monthly salary for one year; and for other purposes.
HB 477. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the pension act of the City of Atlanta to provide when any member of the fire department has joined the armed forces of the United States the time served in the armed forces shall be considered time served under the terms of the pension act; and for other purposes.
HR 94-431A. By Messrs. Durden and Smith of Dougherty:
A resolution authorizing the state librarian to furnish certain law books to Dougherty county; and for other purposes.
HR 95-431B. By Mr. Gholston of Madison:
A resolution relieving J. M. LaCount as surety on the bond of Dave
Meadow; and for other purposes.
HR 106-474A. By Mrs. Mankin of Fulton and Messrs. Brewton of Evans, Peck of Dade, Dukes of Bryan, Smiley of Liberty, and Mrs. Guerry of Macon:
A resolution designating the week beginning February 22, 1943, as "WAAC

WEDNESDAY, FEBRUARY 17, 1943

613

week" and indorse the campaign for recruiting Women's Army Auxiliary corps, and for other purposes.
SB 20. By Senators Simmons of the 8th, Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Ennis of the 20th, Lester of the 18th, Eubanks of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Bacon of the 28th, Arnall of the 36th and Millican of the 52nd districts:
A bill to be entitled an act to amend section 32-1301 of the Code of Georgia of 1933 relating to authority of the Governor to borrow money for payment of public school teachers, execution of note or notes therefor and time of maturity, so as to provide that note given shall not mature later than last day of fiscal year of state; provide for repayment; to section 32-1303; and for other purposes.
SB 85. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the Uniform Narcotic Drug Act to provide for the sale of narcotic drugs to the master of a ship or any aircraft upon which no physician is regularly employed and for the sale to certain others under supervision of a commissioned officer of the United States Public Health Service; and for other purposes.
SB 90. By Senators Stark of the 33rd, Lester of the 18th, Raynor of the 4th,
Harrison of the 17th, and Bacon of the 28th districts: A bill to be entitled an act to create the office of judge emeritus; to provide any judge of the court of appeals or the supreme court, with continuous unbroken judicial service for ten years, who shall have attained the age of seventy years, shall be eligible; and for other purposes.
SB 104. By Senator Stark of the 33rd district:
A bill to be entitled an act to provide for payment of the official court re: porter in the Piedmont judicial circuit; and for other purposes.
SB 111. By Senator Bloodworth of the 23rd district:
A bill to be entitled an act to provide for the holding of two terms of superior court for Houston county and fix the dates; and for other purposes.
SB 120. By Senator Millican of the 52nd district:
A bill to be entitled an act providing pensions for the Fulton county police department as to length of service before retirement, and creating a board of trustees; and for other purposes.
SB 123. By Senator Forester of the 44th district:
A bill to be entitled an act to pay the sheriff of Dade county a certain sum

614

JOURNAL OF THE HOUSE,

for home defense duties in addition to the regular fees; and for other purposes.
SB 128. By Senator Ingram of the 51st district:
A bill to be entitled an act to create a board of commissioners of roads and revenues for Forsyth county; and for other purposes.
SR 40. By Senator Lovett of the 16th district: A bill to be entitled an act to authorize the state librarian to furnish certain law books to the clerk of Laurens Superior Court; and for other purposes.
Mr. Mason of Morgan gave notice that at the proper time he would move that House resolution No. 31-llSC and House bill No. 116 be placed upon the calendar for the purpose of disagreeing with the report of the committee.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 327. By Mr. Thrash of Coffee:
A bill to be entitled an act to amend the charter of the City of Douglas; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 357. By Mr. Reynolds of Clayton:
A bill to be entitled an act to create and incorporate the City of Morrow; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 392. By Mrs. Mankin and :\1essrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the act establishing a new charter for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0. The bill having received the requisite constitutional majority was passed.

WEDNESDAY, FEBRUARY 17, 1943

615

HB 394. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to amend the act creating the charter of the City of Davisboro, in the County of Washington; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 396. By Mr. Rossee of Putnam:
A bill to be entitled an act to amend the act creating a charter for the City of Eatonton, in the County of Putnam; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 403. By Mr. Sharpe of Toombs:
A bill to be entitled an act to amend the act creating a charter for the City of Vidalia 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 421. By Messrs. Price and Hill of Clarke, and Gholston of Madison: A bill to be entitled an act to amend the charter of the Town of Hall in the Counties of Madison and 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 434. By Mr. Brewton of Evans:
A bill to be entitled an act to amend the charter of the City of Claxton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.

616

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.
HB 435. By Messrs. Grayson, MeN all and Alexander of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah in the County of Chatham; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 449. By Messrs. Riddlespurger and Cheshire of Colquitt:
A bill to be entitled an act to create and establish a new charter for the City of Moultrie in the County of Colquitt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the
following bill of the House to-wit:
HB 248. By Mr. Reynolds of Clayton:
A bill to repeal an act entitled "an act to create a board of commissioners of roads and revenues for Clayton County"; to define their duties and powers; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the ~ecretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to-wit:
HB 249. By Mr. Reynolds of Clayton:
A bill to create the office of commissioner of roads and revenues for the County of Clayton; to provide for a clerk of same; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:

WEDNESDAY, FEBRUARY 17, 1943

617

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to-wit:
HB 156. By Messrs. Harris of Richmond, Durden of Dougherty, Grayson of Chatham, Gowen of Glynn, and others: A bill to abolish the department of natural resources, together with the subdivisions of said department known as the division of wild life; and for other purposes.
HB 228. By Mr. Littlejohn of Floyd:
A bill to amend an act to define, regulate, and license real estate brokers and real estate salesmen in counties having a population of 50,000 or more ; and for other purposes.
HB 261. By Mr. Wells of Telfair: A bill to amend an act creating the office of comm1ss1oner of roads and revenues in Telfair county, to provide a clerk for such commissioner, salary of clerk; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the House to-wit:
HR 33. By Messrs. Welsch and Dorsey of Cobb:
A resolution to designate the first Sunday in June as "Shut-Ins' Day" for the sick; and for other purposes.
HR 36. By Messrs. Kendrick of Fulton, Broome of DeKalb, Durden of Dougherty and others: A resolution to suspend one-half of the license tax on automobile and truck dealers in used cars; and for other purposes.
HR 37. By Messrs. Kendrick of Fulton, Broome of DeKalb and others:
A resolution confirming suspension of one-half of a license tax levied by the state on automobile and truck dealers. Said suspension being by executive order, dated the 28th day of January, 1942.
The following report of the Committee on Rules was read and adopted:

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JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Rules has met and had under consideration a resolution establishing a special continuing order of business and recommends that same do pass.
Durden of Dougherty, Vice-Chairman.

HR 110. By Mr. Durden of Dougherty:
A RESOLUTION.
Be it resolved by the House that the following bills and resolutions be, and the same are herby, established as a special and continuing order of business, to wit:
I. HB 235. Salary commissioner of labor.
2. HB 337. Providing for sale of hunting and fishing licenses.
3. HR 68-274. Revenue certificates.
4. SB 66. Providing for the par value of the shares of banking stock.
5. HB 339. Relating to the oyster industry.
6. HB 168. To name certain fish as fresh water fish and to regulate the taking of same.
7. HB 387. Relating to library commission. 8. SB 86. Authority to commit sixteen and eighteen-year-old boys to the
training school. 9. HB 238. Amending income tax law. 10. HB 136. Relating to public health. 11. HB 137. Relating to public health. 12. HB 138. Relating to public health. 13. HB 139. Authorizing the board of health to require laboratories, etc. 14. HB 140. Authorizing board of health to destroy records. 15. HB 149. Death punishment for burglary in certain cases. 16. HB 346. Court reporter, Coweta circuit. 17. HB 254. Limitations on suits to recover wages. 18. SB 108. Assignment of accounts receivable. 19. HB 236. Fertilizer inspection.

WEDNESDAY, FEBRUARY 17, 1943

619

20. HB 243. Commercial fertilizer. 21. HB 296. Relating to the killing of carrier pigeons.

22. HB 455. Regulating the sale of seed.

23. HB 455. Joint control of trust fund.

24. SB 20. Relating to the Governor's borrowing power.

Mr. Durden of Dougherty asked unanimous consent that House resolution No. 110 be adopted and objection was heard.

On the adoption of the resolution, Mr. Durden moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Allison Baker Barfield Bargeron Bennett Branch Brewton Broome Brunson Burnside Burton Caldwell Cates Cheshire Clark Connell Cowart Crummey Culpepper Curry Dalton Daves Deal Drake Dukes Dunn Durden Easler Ennis

Etheridge Ferguson Fortson Foster Fussell Gaskins Gaston Gavin Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schcley Guerry Hagan Harden Hart of Quitman Hartness Hatchett Hefner Herndon Hicks Hogg Holley Horne Howard

Hubert Hurst Joiner Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Looper l\1 alone Mankin Martin Mason Mavity Maund McCamy McCracken McEntire Mcintosh McNall Medders Miller "Iims Minchew .Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Ogburn

620

JOURNAL OF THE HOUSE,

Oliver Overby Padgett Peck Pettit Phillips Price Pruitt Ray Reid Reynolds Riddlespurger Riley

Roper Rossee Russell Salter Sharpe Sheppard Sills Smiley Smith of Dougherty Smith of Oglethorpe Smith of Washington Sparks Sumner

Swint Thomas Thompson Thrash Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Willoughby Wright

Those voting in the negative were:

Anderson Battles Boone Bowen Bridges Bynum Chance Copland Edwards Elliott Fisher Gholston Giddens

Hardy

Rees

Hill of Troup

Roughton

Johns

Rowland

Johnson of Chattahoochee Strickland

Johnson of Pike

Thigpen

Mabry

Wilbanks of Mabersham

Mills

Williams of Coffee

Norman

Williams of Gwinett

Odom

Williams of Harris

Pannell

Wilson

Park

Yawn

Parker

Powell

Those not voting were:

Alexander Alwood Bates Bentley Boynton Campbell of Newton Campbell of Polk Cannon Dallis Dorsett Dorsey DuPree Dyal

Guyton Hand Hart of Thomas Heard Hightower Hill of Clarke Hooks Jennings of Sumter Jennings of Terrell Johnston Jones Livingston Mitchell

Mixon Moate Pirkle Porter Rountree Smith of Carroll . Smith of Muscogee Thurmond Turner Whipple Woodruff Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 129, the nays 37.

WEDNESDAY, FEBRUARY 17, 1943

621

The resolution having received the requisite two-thirds majority of those voting was adopted.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 89. By Senator Brook of the 37th:
A bill to amend an act incorporating City of Carrollton, Georgia; to provide that the clerk of the council act as an ex-officio marshal of the said city for the purpose of levying any fi fa; and for other purposes.
SB 96. By Senators Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Simmons of the 8th and Kennedy of the 2nd:
A bill to repeal section 34-1302 of the Code of Georgia, relating to elections; to repeal the act of 1941; to repeal section 34-3210, relating to the time and place of primary elections ; and for other purposes.
SB 97. By Senators Preston of the 27th, and Gross of the 31st.
A bill to amend section 90-103 of the Code of Georgia of 1933 relating to the duties and pay of the public printer in reference to the compilation of the acts and resolutions of the General Assembly by repealing the first paragraph in said section and substituting in lieu thereof a paragraph requiring the supreme court to employ a person to prepare and compile such acts and resolutions; and for other purposes.
SB II. By Senators Pittman of the 42nd, Gross of the 31st, Atkinson of the 1st, Stark of the 33rd, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Forester of the 44th, Terrell of the 19th, Foster of the 40th, and Millican of the 52nd:
A bill to limit the amount of money that may be expended or obligated by or in behalf of a candidate for the office of Governor in the conduct of his campaign for nomination or election; to provide penalties; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:

622

JOURNAL OF THE HOUSE,

SB 133. By Senator Eubank of the 29th:
A bill to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court, the sheriff, and the tax commissioner; to make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs; to provide for a deputy, clerks and assistants to such officers; and for other purposes.

Under the special and continuing order of business established by House Resolu-
tion No. 110 the following bills and resolutions of the House and Senate were taken
up for consideration, read the third time and placed upon their passage:

HB 256. By Messrs. Fortson of Wilkes, Phillips of Columbia, and Dorsey of Cobb:

A bill to be entitled an act to provide that persons or corporations constructing or operating pipe lines for the transportation of petroleum and petroleum products shall have the right of eminent domain; and for other purposes.

The following amendment was read and adopted:

Mr. Hartness of Fannin moves to amend House bill No. 256 by adding at the
end of section 3 the following: Provided, however, such pipe lines are operated as
common carriers under such rules and regulations of the Georgia public serv1ce commission as may apply to them and similar utilities.

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

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

Mr. Fortson of Wilkes moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Allison Anderson Baker Bates Barfield Bargeron Bennett Bentley Bowen Boynton Branch Brewton

Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Polk Cannon Cates Chance Cheshire Clark

Connell Copland Cowart Crummey Curry Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn

WEDNESDAY, FEBRUARY 17, 1943

623

DuPree Durden Dyal Easler Elliott Ennis Etheridge Fisher Fortson Fussell Gaskins Gavin Gholston Giddens Gillis Goldberg Graham Gray Greene of Jones Greene of Schley Guerry Hagan Harden Hardy Hart of Quitman Hart of Thomas Hartness Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Holley Hooks Horne Howard Hubert

Hurst

Pettit

Jennings of Terrell

Phillips

Joiner

Pirkle

Johns

Porter

Johnson of Chattahoochee Price

Johnson of Pike

Pruitt

Johnston

Ray

Kelly of Thomas

Rees

Kelly of Walker

Reid

Kendrick

Reynolds

Key

Riddlespurger

Knabb

Riley

Littlejohn

Rossee

Livingston

Rowland

Looper

Russell

Malone

Salter

Mankin

Sharpe

Martin

Sheppard

Mason

Smiley

Mavity

Smith of Dougherty

Maund

Smith of Oglethorpe

McCamy

Sparks

McCracken

Sumner

McEntire

Swint

Medders

Thigpen

Mims

Thomas

Minchew

Thrash

Mitchell

Welch

Mixon

Wells of Ben Hill

Moore of Baldwin

Wells of Telfair

Moore of Taliaferro

Whipple

Nicholson of Richmond Wilbanks of Cherokee

Norman

Williams of Coffee

Ogburn

Williams of Gwinnett

Oliver

Willoughby

Overby

Woodruff

Padgett

Yawn

Peck

Those voting in the negative were:

Battles Culpepper Dallis Edwards Ferguson Gaston Gowen

Grayson Guyton Mcintosh MeN all Nicholson of Oconee Park Roughton

Smith of Washington Thompson Warnock Weaver Williams of Harris Wilson

624

JOURNAL OF THE HOUSE,

Those not voting were:

Alexander Alwood Boone Campbell of Newton Foster Gardner Gilbert Hand Hatchett Heard Hogg

Jennings of Sumter Jones Mabry Miller Mills Moate Odom Pannell Parker Powell

Roper Rountree Sills Strickland Thurmond Turner 'iValler Wilbanks of Habersham Wright Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 152, the nays 20.

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

HB 154. By Messrs. Hand of Mitchell and Smith of Muscogee:
A bill to be entitled an act to amend the income tax law by providing that alimony and separate maintenance received by a wife and that the husband may deduct such payments from his gross income; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 205. By Mrs. Mankin of Fulton and Mrs. Guerry of Macon:
A bill to be entitled an act to amend section 49-103 (3033) of the Code of Georgia of 1933 entitled testamentory guardian, appointment, bond, and dismissal, so as to provide that either parent may be appointed; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 206. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend chapter 53-5 of the Code of 1935, entitled rights and liabilities of husband and wife, by providing the husband

WEDNESDAY, FEBRUARY 17, 1943

625

shall not be entitled to receive the earnings of his wife; and for other purposes.

The following amendment to House bill No. 206 was read and adopted:

Mr. Durden of Dougherty moves to amend House bill No. 206 by striking the word earnings in section 1 and inserting in lieu thereof the words salary or wages and to amend the caption accordingly.

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

On the passage of the bill, as amended, the ayes were 110, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. The following resolution of the House was read and adopted: HR 114. By Mr. Ferguson of Camden:

A RESOLUTION.

Resolved that the clerk of this House be requested to confer with the Department of Revenue and with Honorable Marion Allen, collector of internal revenue, in an effort to secure a thirty-day extension for filing income tax and intangible tax returns for each member of the House and attaches of the House.
Mr. Park of Greene moved that the House recess until two o'clock, and the motion prevailed.

The Speaker called the House to order.

2:00P.M.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 248. By Mr. Reynolds of Clayton:

A bill to be entitled an act to repeal the act creating a board of commissioners of roads and revenues for the County of Clayton; and for other purposes.

The following Senate amendment to House bill No. 248 was read:
The Senate Committee on Counties and County Matters moves to amend House bill No. 248, section 2, by striking the same in its entirety and substituting in lieu thereof the following: Section 2. "This act shall become effective on the first Monday in January, 1945."
Mr. Reynolds of Clayton moved that the House adopt the Senate amendment to House bill No. 248.

626

JOURNAL OF THE HOUSE,

On the motion to adopt the Senate amendment to House bill No. 248, the ayes were 103, the nays 0.
The motion prevailed and the Senate amendment to House bill No. 248 was adopted.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 249. By Mr. Reynold of Clayton:
A bill to be entitled an act to create the office of commissioner of roads and revenues for the County of Clayton; and for other purposes.
The following Senate substtiute to House bill No. 249 was read:
By the Senate Committee on Counties and County Matters.
Substitute for House bill No. 249:
An Act-To create ,a Commissioner of Roads and Revenues for Clayton County, Georgia; to provide for his election and qualifications and fix his term of office; to fix his compensation and provide his expense account and to fix his bond, and to prescribe his powers and duties; to provide for a clerk for said commissioner and to fix his duties and his bond and his compensation; to provide for the recall of the commissioner; to prevent the commissioner or clerk from speculating in or purchasing county warrants; to prevent the commissioner from making purchases for the county from any business concern in which he or his clerk is interested; to provide for the publication of his acts and the auditing of his books; to provide for election of his successor in case of vacancy; and for other purposes.
Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:
Section 1. That there shall be created and is hereby created a Commissioner of Roads and Revenues for Clayton County, Georgia, to be known as Commissioner of Roads and Revenues for said county, whose term of office shall be for four years; and said Commissioner of Roads and Revenues shall be elected by the qualified voters of said county at the general State election in November, 1944, and a Commissioner of Roads and Revenues of said Clayton County shall be elected at such general elections every four years thereafter and each such Commissioner of Roads and Revenues shall go into office on the first Monday in January after his election. No political party shall ever nominate a candidate for said office by a plurality vote but shall require the successful candidate for nomination by said political party to obtain a majority of the vote in a second primary election in which said election the two candidates receiving the highest number of votes in the first election shall be the only candidates.
Section 2. Be it further enacted by the authority aforesaid that any person to be eligible to hold said office of Commissioner of Roads and Revenues must be at

WEDNESDAY, FEBRUARY 17, 1943

627

least thirty years of age, must have been a bona fide resident and ctttzen and tax payer in said county ten years or more prior to his election, shail be a freeholder in said county by owning land by fee simple title thereto, said land to be in said county. The said Commissioner shall be ineligible to hold any other office of the county or of the State of Georgia or of the United States during his term of office as such. He shall devote his entire time to the duties of said office.

Section 3. Be it further enacted by the authority aforesaid, that in the event of a vacancy in the office of Commissioner of Roads and Revenues of Clayton County, by reason of death, resignation or otherwise, the ordinary of said county shall serve as such Commissioner until his successor is elected and qualified; and such vacancy shall be filled at a special election called by the ordinary of said county, or in his absence, by the Clerk of the Superior Court of Clayton County, which said special election shall be held within thirty days after the death, resignation, or other cause resulting in such vacancy.
Section 4. Be it further enacted by the authority aforesaid, that the Commissioner shall have his office in the courthouse in Jonesboro, in said county and shall keep said office open for business of the county on the first Tuesday in each month and shall select one regular day of each week in which he shall remain in his office for the transaction of public business in connection with his office and he shall call special meetings in his office at his discretion, and if he should move his office from said courthouse to any other place then his term of office shall terminate at once and the Ordinary of the county shall call an election to determine his successor, said election to be held within thirty days from the removal of said office from said courthouse.
Section 5. Be it further enacted by the authority aforesaid, that said commissioner shall, before entering upon tire duties of his office, make and subscribe to an oath, before the ordinary of said county, to faithfully discharge his duties and carry out the provisions of this act, to the best of his skill and knowledge and to the best interest of the entire county of Clayton, he shall before entering upon the duties of said office give bond with good security to be approved by the ordinary of the county, in the sum of five thousand dollars, payable to the ordinary of the county and his successors in office and conditioned for the faithful discharge of said commissioner of his duties and the carrying out of the conditions thereof, which said bond may be sued upon in the name of the ordinary, either on his own motion or by the direction of the grand jury of the county. Said commissioner is authorized to pay the annual premtums due on said bond if signed by surety company out of the public funds of the county.
Section 6. Be it further enacted by the authority aforesaid, that the salary of said commissioner shall be Twenty Four Hundred ($2400.00) dollars per annum, to be paid monthly. The county shall furnish said commissioner with gasoline and oil for his automobile when used for county purposes and he shall be allowed five cents per mile for use of his automobile when used for county purposes only, which said allowance shall not exceed three hundred ($300.00) dollars per year.

628

JOURNAL OF THE HOUSE,

Section 7. Be it further enacted by the authority aforesaid that said commissioner shall have exclusive jurisdiction and control of the following matter, to-wit: in directing and controlling all the property of the county; in levy taxes in accordance with the laws of this State; in establishing, changing or abolishing roads, bridges and ferries according to law; in supervising the Tax Commissioners books and in allowing the insolvent list of the county of Clayton; in settling all claims, charges and demands against the county of Clayton; in examining and auditing all claims and accounts of officers against the county of Clayton; in examining and auditing all claims and accounts of officers having the care, keeping and collecting or disbursing any money belonging to Clayton County or appropriated for its use or benefit and in bringing all such officers to settlement; in electing or appointing all minor officers of said county, where an election is not otherwise provided by law or the provisions of this act; to have and exercise control and management over the convicts of said county, according to the laws of this State and to exercise such other powers as are granted by law or are indispensable to the carrying out the provisions of this act.
Section 8. Be it further enacted by the authority aforesaid, that the ordinary of said county is hereby empowered and directed to call an election to remove said commissioner from his office at any time within thirty days after a petition signed by one-third of the qualified, registered voters of said county has been filed with said ordinary, in which said petition the recall of the said commissioner is demanded. At such election so called by the ordinary the said commissioner shall be entitled to be a candidate, if otherwise qualified, and if he is successful in said election shall be entitled to serve the remainder of his term. If he is defeated in said election he shall be immediately removed from office and shall turn said office over to his successor. In said election no candidate shall be declared elected unless he shall have obtained a majority of all the votes cast in said election and in case no candidate shall receive a majority of the votes cast in said election tht! ordinary shall call another election in which the two candidates receiving the highest vote in the first election shall be the only candidates.
Section 9. Be it further enacted by the authority aforesaid that said Commissioner is empowered and required to employ and engage the services of a Clerk who shall hold said office of Clerk at the will of said Commissioner and shall draw a salary to be fixed by said Commissioner not to exceed $1200.00 per year, payable monthly. Said Clerk shall before entering upon the duties of said office furnish a bond payable to said Commissioner or his successors in office in the sum of $5000.00, conditioned upon the faithful performance of his duties as such clerk. Said Clerk shall be at least 21 years of age and not related to said Commissioner by blood or marriage. It shall be the duty of said Clerk, to attend all meetings of said Commissioner on the first Tuesdays in each month and at such times as the Commissioner may require and to keep a minute of the proceedings in a book kept for that purpose. He shall draw all warrants against county funds which said warrants shall be signed by him and the said Commissioner. All warrants drawn against the county funds shall specify the funds against which they are drawn, and the Clerk of said Commissioner shall keep a book which may be the stub of such warrant,

WEDNESDAY, FEBRUARY 17, 1943

629

which shall show the amount of the warrant drawn, to whom payable and on which fund drawn and for what consideration. Said Clerk shall devote his entire time to the duties of said office and shall keep reasonable office hours in the office of said Commissioner of Roads and Revenue5 at the courthouse of said .:ounty. If said Clerk shall furnish a bond signed by a surety company the premiums of said bond shall be paid from the public funds of said county.
Section 10. Be it further enacted by the authority aforesaid, that it shall be illegal for the Commissioner of Roads and Revenues of Clayton County or the Clerk of said Commissioner to purchase warrants drawn on the county funds and it shall also be illegal for them or either of them to speculate in such warrants. It shall be unlawful for said Commissioner to employ any person related to him by blood or marriage, except county attorney and county physician, within the third degree or to contract with such person for any material, equipment or supplies, except the same be upon competitive bids and the person so related submits the lowest bid therefor. All purchases of supplies and other materials of an amount in excess of $300.00 shall be by competitive bids with advertisement of said purchases to be published in the county newspaper two weeks before the date of purchase. It shall be a misdemeanor and punishable as such for said Commissioner to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies for the county of Clayton and upon conviction such Commissioner shall be removed from office.
Section 11. Said Commissioner of Roads and Revenues shall employ a competent certified public accountant to make an audit of the county financial affairs within sixty days after the first day of January of each year and copies of this audit shall be filed with the Ordinary and the Clerk of the Superior Court for inspection of the public. Said Commissioner shall as soon as practicable after the first Tuesday in each month publish in the county newspaper a statement of all expenditures for the month preceding provided such newspaper will publish such statement for not exceeding $5.00 per month. The office of said Commissioner and the records kept therein shall be open to inspection by the tax payers of said county at reasonable office hours. Said Commissioner shall be the exclusive purchasing agent of said county, except that the Ordinary and the Clerk of the Superior Court of said county may make purchases of office supplies for their respective offices in amounts not exceeding $100.00.
Section 12. Said Commissioner of Roads and Revenues shall have authority to employ a county physician and a county attorney if necessary, in such manner and for such compensation as will best serve the provisions of law and the best interest of the county.
Section 13. Should any of the sections of this act be held to be unconstitutional or invalid for any reason, only such section, or sections, shall be affected and the remainder of said act shall remain in full force and effect.
Section 14. 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.

630

JOURNAL OF THE HOUSE,

Mr. Reynolds of Clayton moved that the House adopt the Senate substitute to HB 249.
On the motion to adopt the Senate substitute to HB 249, the ayes were 104, the nays 0.
The motion prevailed and the Senate substitute to HB 249 was adopted.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolutions of the Senate, to wit:
SR 53. By Senator Kennon of the 16th: A resolution urging the federal authorities to apply price ceilings to the flue-cured tobacco crop by a method which will not destroy the auction system of selling tobacco; and for other purposes.
SR 49. By Senator Pope of the 7th: A resolution declaring Wednesday, February 24, 1943, as "Army-Navy Salvage Day" in Georgia; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the Senate, to wit:

SB 84. By Senator Arnold of the 26th:
A bill to provide for intermediate reports and accountings by fiduciaries ; and for other purposes.
Under the special and continuing order of business established by HR 110 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HR 38-133C. By Messrs. Hightower and Swint of Spalding:
A RESOLUTION
Proposing to the qualified voters an amendment to article XI, section II, paragraph 1 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 appointment by the county board of education of a superintendent 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.

WEDNESDAY, FEBRUARY 17, 1943

631

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That article XI, section II, paragraph 1 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 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 qualified. Sixty days after the ratification of this amendment it shall be the duty of the 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. Should 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 and divided into five school districts to be known, numbered, and designated as school district Nos. 1, 2, 3, 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 member 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 educ;ation, 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 qualified. From and after the ratification of this amendment the voters of Spalding county shall no longer elect the county school superintendent, but the present superintendent shall serve the remainder of

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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 and shall have graduated from an accredited college or university and hold the degree of master of arts or an equivalent master's degree."

Section 2. Whenever this proposed amendment shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same shall have been entered on their journals with the "ayes" and "nays" taken thereon, 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 ecommittee, which was favorable to the adoption of the resolution, was agreed to.

The resolution being a constitutional amendment, which required a two-thirds vote, the roll call was ordered and the vote was a follows:

Those voting in the affirmative were:

Alexander Allison Battles Bargeron Bennett Bentley Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbdl of Polk Cannon Cates Chance Cheshire Clark Connell Copland

Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsey Drake Dukes Dunn DuPree Durden Easler Edwards Elliott Ennis Ferguson Foster Gardner Gaskins Gaston Gavin

Gholston Giddens Gowen Graham Gray Greene of Jones Greene of Schley Guerry Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hefner Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Howard Hubert

WEDNESDAY, FEBRUARY 17, 1943

633

Hurst

Minchew

Jennings of Terrell

Mitchell

Johnson of Chattahoochee Mixon

Johnson of Pike

Moore of Baldwin

Johnston

Moore of Taliaferro

Kelly of Thomas

Nicholson of Oconee

Kelly of Walker

Nicholson of Richmond

Kendrick

Norman

Knabb

Ogburn

Littlejohn

Oliver

Livingston

Overby

Looper

Pannell

Mabry

Park

Malone

Phillips

Mankin

Pirkle

Martin

Porter

Mason

Powell

Maund

Price

McCamy

Pruitt

McCracken

Ray

McEntire

Reid

Mcintosh

Reynolds

McNall

Riley

Medders

Roper

Miller

Roughton

Mims

Those not voting were:

Alwood Anderson Baker Bates Barfield Boone Bowen Campbell of Newton Dorsett Dyal Etheridge Fisher Fortson Fussell Gilbert Gillis Goldberg Grayson Guyton

Hatchett Heard Herndon Hicks Horne Jennings of Sumter Joiner Johns Jones Key Mavity Mills Moate Odom Parker Peck Pettit Rees

Rowland Salter Sharpe Sheppard Smiley Smith of Dougherty Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thompson Thrash Waller Weaver Welch Wells of Ben Hill Whipple Williams of Gwinnett Williams of Harris Wilson Woodruff Wright
Riddlespurger Rossee Rountree Russell Sills Smith of Carroll Smith of Muscogee Thomas Thurmond Turner Warnock Wells of Telfair Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Willoughby Yawn Mr. Speaker

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JOURNAL OF THE HOUSE,

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 150, the nays 0.
The resolution having received the requisite constitutional two-thirds majority was adopted.
HB 149. By Mr. Thigpen of Glascock:
A bill to be entitled an act to create and establish an election canvassing board for the State of Georgia; and for other purposes:
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passing of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 150. By Mr. Thigpen of Glascock:
A bill to be entitled an act to repeal sections 34-1401, 34-1402, 34-1403 which sections relate to blank forms used in connection with elections and voting and to prescribe the duties of the secretary of state with reference to said forms; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 162. By Messrs. Thigpen of Glascock, Fortson of Wilkes, and Clark of Catoosa.
A bill to be entitled an act to amend section 34-1904 of the Code of 1933 by adding a proviso that candidates must file a petition from not less than five per cent of the registered voters; and for other. purposes.
The following amendment was read and adopted :
The Committee on Privileges and Elections moves to amend HB 162 by adding a new section to be appropriately numbered as follows; nothing in this act shall be construed as applying to special elections.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

WEDNESDAY, FEBRUARY 17, 1943

635

HB 163. By Messrs. Thigpen of Glascock, Fortson of Wilkes and Clark of Catoosa:
A bill to be entitled an act to amend Code Section 34-406 pertaining to registered voters lists; and for other purposes.
The following amendment to HB 163 was read and adopted:
Mr. Sharp of Toombs moves to amend HB 163 by adding a new section to read as follows:
"Be it enacted by the authority aforesaid that in any primary election no one shall be entitled to vote therein unless his or her name shall appear on the list certified to by the board of registrars at least ten days before the date fixed for the holding of said primary, or upon the presentation by said voter of his original poll tax receipt to the election managers of the district in which he resides, showing that his poll tax for the proceeding year was paid at least six months before the next general election." "Be it further enacted that no one shall be entitled to vote upon the presentation of any certificate issued by any tax collector or other officer unless the requirements of the proceeding section are complied with."
The report of the committee, which was favorable to the passage of the bill,
was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 164. By Messrs. Thigpen of Glascock, Fortson of Wilkes, and Clark of Catoosa:
A bill to be entitled an act to amend chapter 34-32 of the Code of 1933, providing for primary election in general; and for other purposes.
The following amendment to HB 164 was read and adopted:
Mr. Gowen of Glynn moves to amend HB 164, section 34-3215A by adding at the end of said section the following words, to wit: Said certificate shall show by counties the total number of popular votes and county unit votes received by each candidate in any such primary election.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

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JOURNAL OF THE HOUSE,

HB 19. By Messrs Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend chapter 84-10 relating to the qualification, examinations and licensing of dental nurses or hygienists; and for other purposes.
The following substitute was read:
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 19.
An act to amend chapter 84-10, "nurses" of title 84, professions, business, and trades" and section 84-1009 of said chapter of the Code of 1933, relating to qualifications, examinations and licensing of dental nurses or hygienists, so as to strike from said section 84-1009 the words "shall have had such preliminary education and training as may be prescribed by said board of dental examiners" and substituting in lieu thereof the words "and shall be a graduate of a duly accredited school of dental hygiene, conducting a course consisting of not less than one academic year; 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 the same, that:
Section 1. Section 84-1009, "Dental nurses or hygienists; qualifications, Examination, etc." of chapter 84-10, "nurses", of title 84, "professions, businesses, and trades", Code of 1933 is amended by striking the words "shall have had such preliminary education and training as may be prescribed by said board of dental examiners" and substituting in lieu thereof the words "and shall be a graduate of a duly accredited school of dental hygiene, conducting a course consisting of not less than one academic year" so that when amended the said section shall read as follows:
84-1009. Dental nurses or hygienists; qualifications, examination, etc. 1'\o person shall engage in practice as a dental hygienist or dental nurse without first obtaining a certificate therefor to the issued by the board of dental examiners of Georgia, which certificate shall be issued by said board of dental examiners upon written examination conducted by and satisfactory to said board, which shall include the subjects of dental anatomy, physiology, bacteriology, dental pathology, sterilization, office routine, and oral hygiene and prophylaxis; provided, that applicants for certificates as dental hygienists or dental nurses shall be of good moral character, shall be at least 19 years of age, shall be a graduate of a duly accredited school of dental hygiene, conducting a course consisting of not less than one academic year, and shall pay to the joint-secretary, state examining boards, a fee of $10.00 for such examination: Provided further, that no person to whom such certificate is issued shall engage in practice as a dental hygienist or dental nurse except under the supervision of a licensed dentist, and no such person shall practice dentistry or do any kind of dental work other than to remove calcareous deposits, secretions, and stains from the normally exposed surfaces of the teeth, and to apply ordinary wash or washes of a soothing character, and to do sterilization and office routine.
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.

WEDNESDAY, FEBRUARY 17, 1943

637

The following amendment to the substitute was read and adopted:
Mr. Dorsey of Cobb moves to amend the substitute for HB 19 as follows: By adding a new section thereto, to be appropriately numbered and to read as follows:
"Section ..... The provisions of this act shall not include or apply to a person commonly termed a 'dentist's assistant'."
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 Ill, the nays 8.
The bill having received the requisite constitutional majority was passed, by substitute as amended.
HB 118. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to amend section 92-2014 of the Code of 1933 by taxing miniature pool tables exceeding 30x60 inches playing surface, but not exceeding 43x85 inches playing surface; and for other purposes.
The report 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 12.
The bill having received the requisite constitutional majority was passed.
Mr. Culpepper of Fayette moved that SB 39 be recommitted from the Committee on General Judiciary No. 1 to the Committee on General Judiciary No. 2, and the motion prevailed.
SB 39 was referred to the Committee on General Judiciary No. 2.
SB 22. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to provide for the sale and transfer by guardians, administrators, executors, and trustees any evidence of indebtedness; and for other purposes.
The following amendment to SB 22 was read and adopted:
Mr. Weaver of Bibb moves to amend SB 22 by striking from section one of said bill the words "upon maturity."
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. Weaver of Bibb moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were:

Alexander Anderson Battles Barfield Bargeron Bennett Bentley Boone Boynton Brewton Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Dalton Daves Deal Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Fisher Foster

Gardner

Mason

Gaskins

McCamy

Gaston

McCracken

Gavin

McEntire

Graham

Mcintosh

Gholston

McNall

Giddens

Miller

Goldberg

Mims

Greene of Jones

Minchew

Greene of Schley

Mitchell

Guerry

Mixon

Guyton

Moore of Baldwin

Hagan

Nicholson of Oconee

Hand

Nicholson of Richmond

Harden

Norman

Hardy

Ogburn

Hart of Quitman

Oliver

Hart of Thomas

Overby

Hartness

Padgett

Hatchett

Parker

Herndon

Pettit

Hicks

Pirkle

Hill of Clarke

Porter

Hill of Troup

Price

Hogg

Pruitt

Hooks

Ray

Horne

Reynolds

Howard

Riley

Hubert

Rossee

Hurst

Roughton

Jennings of Terrell

Rowland

Johns

Salter

Johnson of Chattahoochee Sharpe

Johnson of Pike

Sheppard

Kelly of Thomas

Sills

Kendrick

Smiley

Key

Smith of Dougherty

Knabb

Smith of Oglethorpe

Littlejohn

Sparks

Livingston

Swint

Mabry

Thompson

Malone

Thrash

Mankin

Thurmond

Martin

Warnock

WEDNESDAY, FEBRUARY 17, 1943

639

Weaver Welch Wells of Ben Hill Wells of Telfair

Whipple Williams of Coffee Williams of Harris

Willoughby Wilson Woodruff

Those not voting were:

Adams Allison Alwood Baker Bates Bowen Branch Burton Cannon Curry Dallis Dorsett Ferguson Fortson Fussell Gilbert Gillis Gowen Gray Grayson Heard Hefner

Hightower Holley Jennings of Sumter Joiner Joiner Johnston Jones Kelly of Walker Looper Mavity Maund Medders Mills Moate Moore of Taliaferro Odom Pannell Park Peck Phillips Powell

Rees Reid Riddlespurger Roper Rountree Russell Smith of Carroll Smith of Muscogee Smith of Washington Strickland Sumner Thigpen Thomas Turner Waller Wilbanks of Cherokee Wilbanks of Habersham Williams of Gwinnett Wright Yawn Mr. Speaker

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

On the epassage of the bill, as amended, the ayes were 142, the nays 0.

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

SB 24. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to provide how administrators, guardians, trustees, and other fiduciaries may sell stock listed upon the stock exchange; and for other purposes.
Mr. Weaver of Bibb moved that SB 24 be tabled and the motion prevailed.

SB 25: By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to amend the laws relating to the method of obtaining leave to sell property set apart for a year's support; and for other purposes.

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JOURNAL OF THE HOUSE,

Mr. Weaver of Bibb moved that SB 25 be tabled and the motion prevailed.
SB 53. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking laws and section 13-2013 of the Georgia Code of 1933, which provides a limit for loans by state banks to any one person, firm or corporation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 62. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize and make lawful the investment of funds of municipalities, counties, and school districts in war bonds and other valid obligations of the United States; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 333. By Messrs. Dyal of Appling, Adams of Wheeler, Fisher of Jeff Davis, Willoughby of Clinch, Drake of Seminole, Mills of Decatur, and Bates of Ware.
A bill to be entitled an act to provide that the charter of non-profit cooperative associations may be for fifty years instead of twenty 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 106, the nays 0.
The bill. having received the requisite constitutional majority was passed.
SB 52. By Senator Arnold of the 26th district: A bill to be entitled an act to amend the banking laws with reference to the deposits of the deceased depositor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Mr. Goldberg of Coweta moved that SB 52 be tabled and the motion was lost.
On the passage of the bill, the ayes were 109, the nays 0.

WEDNESDAY, FEBRUARY 17, 1943

641

The bill having received the requisite constitutional majority was passed.
Mr. Ogburn of Laurens asked unanimous consent that he be allowed to introduce a bill at this time and the censent was granted.
The following bill of the House was submitted by Mr. Ogburn of Laurens, read the first time and referred to committee:
HB 499. By Messrs. Ogburn and Malone and Durden of Dougherty:
A bill to be entitled an act to provide for financial responsibility of motor vehicle owners and operators; to require proof of ability to pay at least $5,000.00 for one person injured, and $10,000.00 for more than one person; and for other purposes.
Referred to Committee on Motor Vehicles.
Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
Leaves of absence were granted Messrs. Wilbanks of Habersham, Bowen of Pierce, Warnock of Montgomery, and Jennings of Terrell.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.
Thursday, February 18, 1943.
The House met pursuant to adjournment thsi day at 10:00 o'clock a. m., was called to order by the speaker and opened with a prayer by the chaplain.
Mr. Reynolds of Clayton asked unanimous consent that the call of the roll be dispensed with and the consent was granted.
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: l. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.
The following messages were received from the Senate through Mr. Nevin, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit: HB 58. By Mr. Strickland of Haralson:
A bill to fix the compensation of the state superintendent of schools in his capacity as executive secretary of the State Board of Education and the administrative officer of the State Department of Education; and for other purposes. HB 73. By Mr. Strickland of Haralson, and others:
A bill to amend an act relating to the compensation of county superintendents of schools; and for other purposes. HB 89. By Messrs. Weaver of Bibb, Culpepper of Fayette and Gowen of Glynn:
A bill to amend an act to limit to seven years the effect of filing for record

THURSDAY, FEBRUARY 18, 1943

643

any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien; and for other purposes..
HB 177. By Messrs. Burnside of McDuffie, Hicks of Floyd, and Fortson of Wilkes:
A bill to amend an act to create a department of public safety for Georgia; and for other purposes.
HB 290. By Mr. Gaston of Butts:
A bill to amend an act to incorporate the Town of Pepperton, and all amendments thereto; and for other purposes.
HB 315. By Mr. Medders of Bacon:
A bill to amend an act creating a new charter for the Town of Alma, in the County of Bacon, and the several acts amendatory thereof; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 118. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, and others.
A bill to provide the manner persons in the armed forces of the United States may file exemptions of homesteads from taxation; and for other purposes.
SB 59. By Senator Thigpen of the 49th:
A bill to prohibit the manufacture, repair, and ownership of coin operated devices or slot machines; and for other purposes.
SB 197. By Senator Estes of the 35th, and Arnold of the 26th:
A bill to raise the salaries of examiners and clerks of the state banking department; and for other purposes.
SB 110. By Senator Dean of the 34th:
A bill to provide for the suspension upon petition of parties at interest of any trustee, administrator, executor, or guardian who enters the war service, and for appointment of a successor; and for other purposes.
SB 119. By Senators Gross of the 31st, Atkinson of the 1st, Bloodworth of the 22nd, Bloodworth of the 23rd, Lester of the 18th, Millican of the 52nd, Pope of the 7th, Forester of the 44th, Foster of the 40th, Kaigler of the 12th, and Kimbrough of the 25th:

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JOURNAL OF THE HOUSE,

A bill to provide for confirmation by the Senate of all appointees of the G9vernor to boards, commissions, bureaus and public offices ; and for other purposes.
SB 135. By Senator Millican of the 52nd:
A bill to amend the corporation act of 1938 to provide corporations can reimburse officers and directors; and for other purposes.
SB 140. By Senator Ennis of the 20th:
A bill to change the age of persons working in manufacturing establishments at night from 21 to 18 years of age; and for other purposes.
Mr. Speaker:
The Senate has adopted the following resolution of the Senate to wit:
SR 42. By Senators Lester of the 18th, Oden of the 46th, Millican of the 52nd, and Ennis of the 20th :
A resolution to propose an amendment to article V of the Constitution of Georgia to provide for a board of directors of eleemosynary institutions; and for other purposes.
The following resolution of the House was read and referred to the Committee on Rules:
HR 116. By Mr. Durden of Dougherty:
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business, to wit:
l. HB 235. Salary commissioner of labor.
2. HB 337. Providing for sale of hunting and fishing licenses.
3. HR 68-274. Revenue certificates.
4. SB 66. Providing for the par value of the shares of banking stock. 5. HB 339. Relating to the oyster industry. 6. HB 168. To name certain fish as fresh water fish and to regulate the
taking of same.
7. HB 387. Relating to library commission.
8. SB 86. Authority to commit sixteen and eighteen year old boys to the training school.
9. HB 238. Amending income tax law. 10. HB 136. Relating to public health.

THURSDAY, FEBRUARY 18, 1943

645

11. H B 137. Relating to public health. 12. HB 138. Relating to public health. 13. HB 139. Authorizing the board of health to require laboratories, etc. 14. HB 140. Authorizing board of health to destroy records. 15. HB 148. Death punishment for burglary in certain cases. 16. HB 346. Court reporter, Coweta circuit. 17. HB 254. Limitations on suits to recover wages. 18. SB 108. Assignment of accounts receivable. 19. HB 236. Fertilizer inspection. 20. HB 243. Commercial fertilizer. 21. HB 296. Relating to the killing of carrier pigeons. 22. HB 425. Regulating the sale of seed. 23. HB 455. Joint control of trust fund. 24. SB 20. Relating to the Governor's borrowing power. By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time and referred to committees: HB 500. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to abolish the civil service commission of the City of Augusta; and for other purposes. Referred to Committee on Municipal Government. HB 501. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to amend the charter of the City of Augusta to create a board of civil service commission; and for other purposes. Referred to Committee on Municipal Government. HB 502. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to amend the charter of the City of Augusta to provide for recall to duty any employee that may have retired from service under the pensions acts; and for other purposes. Referred to Committee on Municipal Government. HR 117-502A. By Mr. McCamy of Whitfield: A resolution proposing an amendment to article 8, ~ection 4, paragraph 1. of the constitution to raise the amount of taxes that can be assessed for

646

JOURNAL OF THE HOUSE,

educational purposes from five to ten mills; and for other purposes. Referred to Committee on Amendments to Constitution No. 1.
HB 503. By Mr. Fortson of Wilkes:
A bill to be entitled an act to authorize the board of regents of the university system of Georgia to provide an annuity for the retirement of employees of the university system of Georgia; and for other purposes.
Referred to Committee on University System of Georgia.

HB 504. By Mr. Kendrick of Fulton:
A bill to be entitled an act to provide that public property belonging to the state, counties of municipal corporations may be used for producing food products during the emergency; and for other purposes.
Referred to Committee on Public Property.
HB 505. By Mr. Kendrick of Fulton:
A bill to be entitled an act to amend title 25, chapter 25-1 of the code of 1933 to provide credit unions shall pay the state banking department the same fees for examinations as banks, and shall pay the same taxes as provided for other property held by individuals; and for other purposes.
Referred to Committee on Banks and Banking.
HB 506. By Mr. Waller of Whitfield:
A bill to be entitled an act to amend title 92, chapter 59 of the code of 1933
as amended by HB 124 of the 1943 session to provide for furnishing certified copies of annual reports to the state revenue commissioner by companies covered by section 92-5902, applying to all public utilities; ~nd for other purposes.
Referred to Committee on Public Utilities.
HB 507. By Mr. Norman of Henry:
A bill to be entitled an act to abolish the city court of Henry county and transfer all matters pending and all records to the superior court of Henry county; and for other purposes.
Referred to Committee on Special Judiciary.
HB 508. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to be entitled an act to amend the educational equalization laws by changing the qualifications of group 2 of local unit of administration; and for other purposes. Referred to Committee on General Education No. 1.

THURSDAY, FEBRUARY 18, 1943

647

HB 509. By Messrs. Bynum of Rabun, Oliver of Tattnall, Chance of Twiggs,
Pirkle of Forsyth, Mason of Morgan and DuPree of Pulaski: A bill to be entitled an act to appropriate $15,000.00 to equip a veterinary diagnostic laboratory in the agricultural department to test cholera serum, and biological products for purity and potency; and for other purposes.
Referred to Committee on Special Appropriations.
HR 118-509A. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton: A resolution proposing an amendment to article 7, section 6, paragraph 1, of the constitution to authorize Fulton county and the City of Atlanta to appropriate funds not derived from taxation to advertise and promote the agricultural, industrial and recreational resources; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HB 510. By Mr. Mims of Miller:
A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues for Miller county to provide for one additional commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 511. By Mr. Mims of Miller:
A bill to be entitled an act to amend the act establishing a city court for the County of Miller to change the solicitor from a fee to a salary basis; and for other purposes.
Referred to Committee on Special Judiciary.
HR 119-511A. By Messrs. Rossee of Putnam and Crummey of Wilcox:
A resolution authorizing the commissioner of agriculture to promulgate rules and regulations relative to textile and paper shipping bags in conformity with orders of the war production board; and for other purposes.
Referred to Committee on General Agriculture No. 2.
HB 512. By Mr. Mims of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to provide a salary for the mayor; to provide for appeals from police court to the city council; to provide for the territorial limits of the city; and for other purposes.
Referred to Committee on Municipal Government. HB 513. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend an act of the General Assembly of 1941, pages 300 et seq., by amending section 14, sub-section 2, by writing a

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JOURNAL OF THE HOUSE,

new sub-section 2 providing for the issuance of a new birth certificate for adopted children in the name of the adopting parents; and for other purposes.
Referred to Committee on Hygiene and Sanitation.

HB 514. By Messrs. Price and Hill of Clarke:
A resolution to authorize the payment to Riches, Piver & Company the sum of $32,549.80, for calcium arsenate used by the state.
Referred to Committee on Special Appropriations.

HB 515. By Mr. Looper of Dawson:
A bill to be entitled an act to add a certain road in Dawson county to the state highway system; and for other purposes.
Referred to Committee on Public Highways No.2.
HB 516. By Messrs; Sumner and Johnston of Worth, Smith of Dougherty, and Mitchell of Monroe:
A bill to be entitled an act to amend section 24-1710 of the code of 1933 to designate official officers who may act for ordinary who is disqualified by sickness or other causes; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 517. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to amend the charter of the City of Atlanta by extending the city limits to include certain areas in DeKalb county; and for other purposes.
Referred to Committee on Municipal Government.

HB 518. By Messrs. Key of Jasper, Rowland of Johnson, Graham of Brooks, Anderson of Wayne, Fortson of Wilkes and Riley of Peach:
A bill to be entitled an act to provide revenue and a source of revenue for paying annuities and benefits to the peace officers of Georgia ; and for other purposes.

Referred to Committee on State of Republic.
HB 519. By Messrs. Grayson, McNall and Alexander of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah to abolish the recreation commission and authorize the mayor and alderman to create a recreation commission and repealing all pension laws except

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649

the one approved February 11, 1941, (Ga. laws 1941, pp. 1750-1752) and enacting a pension system to be effective upon approval of this act; and for other purposes.
Referred to Committee on Municipal Government.

HR 120-519A. By Messrs. Park of Greene, Hooks of Emanuel, Yawn of Dodge, and Hagan of Screven:
A resolution requesting congressmen and senators from Georgia to introduce an amendment to the federal social security act to equalize payment from federal funds to recipients in every state; and for other purposes.
Referred to Committee on Public Welfare.
HR 121-519B. By Messrs. Harris of Richmond, Durden of Dougherty, and Kendrick of Fulton:
A resolution endorsing the home gardening program advocated by the secretary of agriculture and the national administration and urging Georgians to grow all food possible; and for other purposes.
Referred to Committee on General Agriculture No. 1.

HR 122-519C. By Mr. Woodruff of Barrow:
A resolution proposing that no farmer or group of farmers be favored with quota crops or allocated acres for any crop and urging congressmen and senators to contact the secretary of agriculture on this subject; and for other purposes.
Referred to Committee on General Agriculture No. 1.

HB 520. By Messrs. Cheshire and Riddlespurger of Colquitt:
A bill to be entitled an act to provide for the formation of limited partnerships, and to repeal chapter 4, title 75, of the code of 1933; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 521. By Messrs. Caldwell of Troup and Hand of Mitchell:
A bill to be entitled an act to authorize the deduction of amortization for emergency or war facilities from gross income in computing income taxes for the State of Georgia ; and for other purposes.
Referred to Committee on State of Republic.
Mr. Brewton of Evans County, Vice-Chairman of the Committee on Amendments to Constitution No. 2, submitted the following report:

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JOURNAL OF THE HOUSE,

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 Vice-Chairman, to report the same back to the House with the following recommendations:
HB 57. Do Pass. HB 335. Do Pass. HR 58-237C. Do Pass. HR 111-492A. Do Pass. HR 42-177A. Do Pass. HR 113-492. Do Pass. HR 93-430B. Do Pass. HR 26-84A. Do Pass. HB 343. Do Pass. SB 34. Do Pass.
Respectfully submitted, Brewton of Evans, Vice-Chairman.
Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following hills and resolution of the House to wit:
HB 19. HB 118. HB 149. HB 150. HB 162. HB 163. HB 164. HB 205.

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651

HB 206. HB 256. HB 327. HB 333. HB 357. HB 392. HB 394. HB 396. HB 403. HB 421. HB 434. HB 435. HR 38.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. MeN all of Chatham 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 and resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 363. Do Not Pass.
HR 84-372A. Do Pass.
Respectfully submitted,
MeNall of Chatham, Chairman.

Mr. Daves of Dooly 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

652

JOURNAL OF THE HOUSE,

following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 459. Do Pass.

Respectfully submitted,

Daves of Dooly, Chairman.

Mr. Kendrick of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:
Your Committee on Industrial Relations have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 350. Do Not Pass.
HB 351. Do Not Pass.
HB 352. Do Not Pass. Respectfully submitted, Kendrick of Fulton, Chairman.
l\1r. Connell of Lowndes County, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. Speaker:
Your Committee on Interstate Cooperation have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 105-467A. Do Pass. Respectfully submitted, Connell of Lowndes, Chairman.
Mr. Bynum of Rabun County, Vice-Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker:
Your Committee on Public Property, have had under consideration the follow-

THURSDAY, FEBRUARY 18, 1943

653

ing bill of the Senate and: have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 54. Do Pass.
Respectfully submitted,
Bynum of Rabun, Vice-Chairman.

Mr. Ennis of Baldwin County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following resolutions of the House and have instructed me as Chariman, to report the same back to the House with the following recommendations:
HR 101-447A. Do Pass.
HR 103-454B. Do Pass.
Respectfully submitted,
Ennis of Baldwin, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
H B 496. Do Pass.
HB 487. Do Pass.
Respectfully submitted,
Mims of Miller, Chairman.
Mr. McCracken of Jefferson 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 resolutions of the House and Senate and have instructed me as Chair-

654

JOURNAL OF THE HOUSE,

man, to report the same back to the House with the following recommendations: SB 125. Do Pass. SB 117. Do Pass. SB 100. Do Pass. SB 16. Do Pass. SB 18. Do Pass. SB 19. Do Pass. HR 96-431C. Do Pass. HB 498. Do Pass. HR 109-480A. Do Pass. HR 107-479A. Do Pass. HB 401. Do Pass. HB 424. Do Pass. HB 475. Do Pass as amended. Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Burnside of McDuffie County, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker: Your Committee on Ways and Means have had under consideration the follow-
ing bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 388. Do Pass. HB 422. Do Pass.
HB 419. Do Pass.
SB 70. Do Pass.
HB 280. Do Not Pass, minority report attached to bill.
Respectfully submitted,
Burnside of McDuffie, Chairman.

THURSDAY, FEBRUARY 18, 1943

655

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

HB 57. By Messrs. Connell and Cowart of Lowndes, Joiner of Cook, and Gaskins of Berrien:
A bill to be entitled an act to amend article 3, section 2, paragraph 1 of the constitution so as to provide a fifty-third senatorial district composed of the counties of Lowndes and Echols; and for other purposes.

HB 335. By Messrs. Turner, Hubert and Broome of DeKalb, Etheridge, Kendrick, and Mrs. Mankin of Fulton:
A bill to be entitled an act proposing an amendment to article 7, section 7, paragraph 1, of the constitution to authorize the City of Atlanta, Fulton county, DeKalb county, or either them to enter contracts with each other, or with a hospital authority for hospitalization; and for other purposes.

HB 343. By Messrs. Bargeron and Cates of Burke:
A bill to be entitled an act to amend the act establishing the city court of Waynesboro to provide for trial by a jury of six when twelve jurors are not demanded; and for other purposes.

HB 388. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the intangibles classification act to provide independent school districts located in municipalities shall share in the taxes derived therefrom; and for other purposes.
HB 401. By Mr. Welsch of Cobb:
A bill to be entitled an act to require lobbyists to wear a badge or button with the word "lobbyists" printed thereon; and for other purposes.
HB 419. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend the homestead exemption from taxes law to include persons in the armed forces; and for other purposes.
HB 422. By Messrs. Key of Jasper and Dorsey of Cobb:
A bill to be entitled an act to amend the income tax laws to provide a $2500.00 exemption for a widow, widower or divorced person having a minor child; and for other purposes.
HB 424. By Mr. Mixon of Irwin:
A bill to be entitled an act to amend the absentee voters law to simplify voting and provide commissioned officers of the army may witness said ballot; and for other purposes.

656

JOURNAL OF THE HOUSE,

HB 459. By Mr. Thigpen of Glascock:
A bill to be entitled an act to authorize the state board of health to issue birth certificat!;S only as to the name of child, date of birth, place of birth, color and sex; and for other purposes.

HB 475. By Mr. McCracken of Jefferson:
A bill to be entitled an act to require the fiscal authorities of all counties where the sheriff is paid on a fee basis to compensate the sheriff for investigations, and pay the expenses of investigatoins, including mileage for use of cars; and for other purposes.
HB 487. By Mr. Giddens of Calhoun:
A bill to be entitled an act to abolish the city court of Morgan and transfer all records and pending cases to the superior court of Calhoun county; and for other purposes.
HB 496. By Messrs. Whipple of Bleckley, DuPree of Pulaski, and Yawn of Dodge:
A bill to be entitled an act to require an advanced payment of $10.00 as cost in divorce cases filed in the superior courts of Bleckley, Pulaski and Dodge counties; and for other purposes.
HB 498. By Messrs. Thurmond of Hall, Jennings of Terrell, Mitchell of Monroe, Cheshire of Colquitt, Ray of Warren, Smith of Dougherty, Etheridge of Fulton, and Mesdames. Mankin of Fulton and Guerry of Macon:
A bill to be entitled an act to regulate outdoor advertising near public roads and highways; to regulate the erection of advertising structures, devices, signs, bill boards and displays; and for other purposes.
HR 26. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A resolution proposing an amendment to article 6, section 3, paragraph 1, of the constitution providing for judges in the Atlanta judicial circuit to be elected for a term of six years; and for other purposes.
HR 42. By Mr. Reynolds of Clayton:
A resolution proposing an amendment to article 6, section 15, of the constitution by striking paragraph 1 of said section and substituting the following words: "only one verdict of a jury is required in order to secure a total divorce", and for other purposes.
HR 58. By Mr. Burnside of McDuffie:
A resolution proposing an amendment to article 8, section 4, paragraph 1. of the constitution, to authorize county boards of education, independent school systems and local school districts to contract with each other for the

THURSDAY, FEBRUARY 18, 1943

657

education, transportation and care of children of school age; and for other purposes.
HR 84. By Messrs. Gowen and Gilbert of Glynn, Ferguson of Camden and Thurmond of Hall:
A resolution extending fishing and hunting rights to non-resident members of the armed forces stationed in Georgia; and for other purposes.
HR 93. By Mr. Johns of Brantley:
A resolution proposing an amendment to article 7, section 16, paragraph 2, of the constitution to provide county commissioners may supplement the fees of a sheriff with a monthly salary; and for other purposes.
HR 96. By Mr. Key of Jasper:
A resolution urging all departments of the state government and all business concerns to turn over to the government all typewriters not absolutely necessary in their work; and for other purposes.
HR 101. By Mr. Thomas of Chattooga:
A resolution to appropriate the sum of $350.00 to pay Dr. 0. A. Selman
past due rent on the Chattooga county bank building now in liquidation, and to surrender possession of the property; and for other purposes.
HR 103. By Messrs. Weaver, Wilson and Barfield of Bibb, Ray of Warren and Clark of Catoosa:
A resolution to provide for the funeral expenses incurred by the widow of Fred Black, Jr., a state patrolman, killed in line of duty, to be paid by the state; and for other purposes.
HR 105. By Messrs. Durden of Dougherty, McCracken of Jefferson, Hand of Mitchell, Connell of Lowndes, Gowen of Glynn, and Phillips of Columbia:
A resolution to appropriate $2500.00 for expenses of the Committee on Interstate Cooperation; and for other purposes.
HR 107. By Messrs. Guyton of Effingham, Park of Greene and Brunson of Bulloch:
A resolution specifying the manner of pledging allegiance to the Georgia flag.
HR 109. By Messrs. Harris of Richmond, Durden of Dougherty, and Kendrick of Fulton:
A resolution designating Wednesday, February 24, 1943, as Army-Navy salvage day and requesting all businesses to close and aid local salvage committees in the collection of scrap materials.

658

JOURNAL OF THE HOUSE,

HR Ill. By Messrs. Weaver, Barfield and Wilson of Bibb: A resolution proposing an amendment to article 2, section 1, of the constitution authorizing the governing authorities of Bibb county to establish districts for sanitation, garbage removal, fire prevention, and other public facilities, and to levy taxes and assessments; and for other purposes.

HR 113. By Messrs. Welsch of Cobb, Goldberg and Hurst of Coweta and Gray of Houston:
A resolution proposing an amendment to article 7, section 1, paragraph 1, of the constitution to provide by taxation an annuity and benefit fund for peace officers of Georgia; and for other purposes.
SB 16. By Senators Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, and Dean of the 34th districts:
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.
SB 18. By Senators Dean of the 34th, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Ingram of the 51st districts:
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.
SB 19. By Senators Foster of the 40th, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Ingram of the 51st districts:
A bill to be entitled an act to amend section 88-801 relating to registration by owners of explosives and obtaining a license authorizing ownership, possession and control of same by providing that the ordinary may refuse to issue a license upon finding of certain facts; to amend section 88-802 relating to registration before purchase of explosives; to amend section 88-9927; and for other purposes.
SB 34. By Senator Kennon of the 6th district:
A bill to be entitled an act proposing to the qualified voters of Georgia an amendment to article 3, section 2, paragraph 1, of the Constitution of Georgia, by increasing the number of senators to fifty-three and the number of senatorial districts to fifty-three, and by amending article 3, section 2, paragraph 2 of the Constitution of Georgia, by adding a new senatorial district, to be known as the fifty-third senatorial district, which shall be composed of the counties of Lowndes and Echols; and for other purposes.

THURSDAY, FEBRUARY 18, 1943

659

SB 54. By Senator Arnold of the 26th district:
A bill to be entitled an act to cede and convey to the City of Griffin, the fee simple title to the land known as Camp N or~hern, which was donated to the state in 1893; and for other purposes.
SB 70. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act approved March 18, 1937 (Ga. laws 1937, page 167) entitled "Motor fuel tax law" which act enacted a new chapter in lieu of chapter 92-14 of the code of 1933, by amending section 92-1403 of the code of 1933, as amended by the act of 1937, so as to provide that the levy on motor fuel under said act be considered in fact a levy on the consumers of motor fuels; and for other purposes.
SB 100. By Senators Lester of the 18th, Odum of the 46th, and Millican of the 52nd districts:
A bill to be entitled an act to create a board of directors of eleemosynary institutions; to name and designate the eleemosynary institutions; and for other purposes.
SB 117. By Senators Gross of the 31st, Atkinson of the 1st, Lester of the 18th, Bloodworth of the 22nd, Bloodworth of the 23rd, Millican of the 52nd, Pope of the 7th, and Forester of the 44th districts:
A bill to be entitled an act to abolish the present state board of public welfare and establish a state board of social security to consist of the director and ten additional members; and for other purposes.
SB 125. By Senators Kaigler of the 12th and Pope of the 7th districts:
A bill to be entitled an act providing where a vacancy in the office of sheriff occurs because of entrance in the armed forces the Governor shall fill the vacancy for the unexpired term, or until the former sheriff is mustered out of service; 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:
SB 11. By Senators Pittman of the 42nd, Gross of the 31st, Atkinson of the 1st, Stark of the 33rd, Lester of the 18th, Harrison of the 17th, Forester of the 44th, Terrell of the 19th, Foster of the 40th, Eubank of the 29th, Pope of the 7th, Millican of the 52nd, Kennedy of the 2nd, and Dean of the 34th districts:
A bill to be entitled an act to limit the amount of money that may be expended or obligated by or in behalf of a candidate for the office of Governor in the conduct of his campaign for nomination or election; to provide penalties; and for other purposes.
Referred to Committee on State of Republic.

660

JOURNAL OF THE HOUSE,

SB 59. By Senator Thigpen of the 49th district:
A bill to be entitled an act to prohibit the manufacture, repair, and ownership of coin operated devices or slot machines; and for other purposes.
Referred to Committee on General Judiciary No.2.

SB 84. By Senator Arnold of the 26th district:
A bill to be entitled an act to provide for intermediate reports and accountings by fiduciaries; to change the time for filing annual returns by executors, administrators, guardians, trustees and other fiduciaries; and for other purposes.
Referred to Committee on General Judiciary No. 1.

SB 89. By Senator Brock of the 37th district:
A bill to be entitled an act to amend an act incorporating City of Carrollton; to provide that the clerk of the council act as an ex-officio marshal of the said city for the purpose of levying any fi. fa.; and for other purposes.
Referred to Committee on Municipal Government.

SB 96. By Senators Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Simmons of the 8th, and Kennedy of the 2nd districts:
A bill to be entitled an act to repeal section 34-1302 of the code of Georgia, relating to elections; to repeal the act of 1941; to repeal section 34-3210, relating to the time and place of primary elections; to provide for time for holding primary elections ; and for other purposes.
Referred to Committee on Privileges and Elections.

SB 97. By Senators Preston of the 27th, and Gross of the 31st districts:
A bill to be entitled an act to provide the supreme court shall employ a person or persons to prepare and compile the acts of the General Assembly; and for other purposes.
Referred to Committee on State of Republic.
SB 107. By Senators Estes of the 35th and Arnold of the 26th districts: A bill to be entitled an act to raise the salaries of examiners and clerks of the state banking department; and for other purposes.
Referred to Committee on Banks and Banking.
SB 110. By Senator Dean of the 34th district:
A bill to be entitled an act to provide for the suspension upon pet1t1on of parties at interest of any trustee, administrator, executor, or guardian who

THURSDAY, FEBRUARY 18, 1943

661

enters the war service, and for appointment of a successor ; and for other purposes.
Referred to Committee on General Judiciary No. 2.
SB 118. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Bloodworth of the 23rd, Millican of the 52nd, Forester of the 44th, and Kaigler of the 12th districts:
A bill to be entitled an act to provide the manner persons in the armed forces of the United States may file exemptions of homesteads from taxation; and for other purposes.
Referred to Committee on Ways and Means.
SB 119. By Senators Gross of the 31st, Atkinson of the 1st, Bloodworth of the 22nd, Bloodworth of the 23rd, Lester of the 18th, Millican of the 52nd, Pope of the 7th, Forester of the 44th, Foster of the 40th, Kaigler of 12th, and Kimbrough of the 25th districts:
A bill to be entitled an act to provide for confirmation by the Senate of all appointees of the Governor to boards, commissions, bureaus and public offices; and for other purposes.
Referred to Committee on State of Republic.
SB 133. By Senator Eubank of the 20th district:
A bill to be entitled an act to change from the fee to a salary system certain county officers in Columbia county; and for other purposes.
Referred to Committee on Special Judiciary.
SB 135. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the corporation act of 1938 to provide corporations can reimburse officers and directors for expenses incurred in connection with groundless actions, suits or proceedings, where such officer or director is made a party; and for other purposes.
Referred to Committee on Corporations.
SB 140. By Senator Ennis of the 20th district:
A bill to be entitled an act to amend section 54-205 of the code of 1933 to change the age of persons working in manufacturing establishments at night from 21 to 18 years of age; and for other purposes.
Referred to Committee on Manufactures.
SR 42. By Senators Ennis of the 20th, Lester of the 18th, Oden of the 46th, and Millican of the 52nd districts:

662

JOURNAL OF THE HOUSE,

A resolution proposing an amendment of article 5 of constitution, and adding a new section to provide for a board of directors of eleemosynary institutions; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.

SR 49. By Senator Pope of the 7th district:
A resolution designating Wednesday, February 24, 1943 as Army-Navy salvage day and requesting all businesses to close and aid local salvage committees; and for other purposes.
Referred to Committee on State of Republic.
SR 53. By Senator Kennon of the 16th district:
A resolution urging the federal authorities to apply price ceilings to the flue-cured tobacco crop by a method that will not destroy the auction system of selling tobacco; and for other purposes.
Referred to Committee on General Agriculture No. 2.
SR 55. By Senators Millican of the 52nd, Ansley of the lOth, Terrell of the 19th, Pope of the 7th, and Williams of the 5th districts:
A resolution designating the week beginning February 22, 1943 asWAAC week, and endorsing the campaign for recruiting the women's army auxiliary corps; and for other purposes.
Referred to Committee on Military Affairs.
By unanimous consent, the following bills of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 432. By Mr. Porter of Gordon:
A bill to be entitled an act to amend the act creating the office of commissioner of roads and revenues; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 437. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to create and establish for the County of DeKalb, a DeKalb county waterworks advisory board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 18, 1943

663

On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 443. By Messrs. Bargeron and Cates of Burke: A bill to be entitled an act to amend the act creating and establishing the city court of Waynesboro in 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 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 445. By Mr. Dorsett of Douglas: A bill to be entitled an act to amend the act creating the office of tax commissioner of Douglas county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 447. By Mr. Dorsett of Douglas: A bill to be entitled an act to repeal the act creating a board of commissioners of roads and revenues in the County 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed. HB 462. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to create a board of commissioners of roads and revenues for the County of Carroll; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

664

JOURNAL OF THE HOUSE,

HB 464.- By :VIr. Anderson of Wayne:

A bill to be entitled an act to grant to the commtsswners of roads and revenues of Wayne county certain tracts of land located in Wayne county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 465. By :\Ir. Moore of Taliaferro:
A bill to be entitled an act to amend the act abolishing the office of county treasurer of Taliaferro county; and for other purposes.
The following substitute to HB 465 was read and adopted:
By Mr. Moore of Taliaferro.
A bill to be entitled an Act to amend "An Act to abolish office of County Treasurer of Taliaferro County; to provide for the designation of county depository or depositories for the funds of said county, to provide for the payment of county warrants and for the disbursements of the funds of the county, and for other purposes," approved August 12, 1915, by striking the word "chartered" from the fourth line of Section 3 of said Act, and by striking the words "not more than ten thousand" from the tenth line of said section; and by striking the words "in said county" where it first appears in Section 4 of said Act, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. That, an Act to abolsih office of County Treasurer of Taliaferro County; to provide for the designation of county depository or depositories for the funds of said county, to provide for the payment of county warrants and for the disbursement of the funds of the county, and for other purposes", Approved August 12, 1915, be amended by striking the word "chartered" from the fourth line of Section 3 of said Act, and by striking the words "not more than ten thousand" from the tenth line of said section; and by striking the words "in said county" where it first appears in Section 4 of said Act; so that said sections as amended shall read as follows:
"Section 3. The county commissioners shall, at their regular meeting in J anuary 1917, and once every two years thereafter, at the same meeting, or as soon thereafter as practicable, select some solvent bank in Taliaferro County to act as a depository for the purpose of handling and paying out and otherwise dealing with and disposing of the funds of said county, and for performance of all the duties now

THURSDAY, FEBRUARY 18, 1943

665

performed by the treasurer of said county. Said bank shall be required to give bond in a sum not less than five thousand dollars, as may be required by the county commissioners of said county through an official order of said body entered upon the minutes of said county commissioners. Where said bond is given in some regular bonding company, the premiums shall be paid out of any county funds available therefor, but no other compensation shall be allowed said depository.
Section 4. Upon a refusal to act or a failure to perform the duties by any bank which may be designated by the Commissioners of Taliaferro County, the said commissioners shall at once, or as soon as practicable, designate some other bank to act as depository for the said county. If no bank qualifies under the terms of this Act, or after qualifying, fails to perform its duties, then the commissioners shall designate some individual in said county who shall serve under the provisions of this Act."
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.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
HB 466. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to amend the act authorizing the County of Clarke to acquire and operate a hospital; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 467. By Mr. Gillis of Treutlen:
A bill to be entitled an act to amend the act creating ihe city court of Soperton in the County of Treutlen by changing and fixing the time of holding 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 113, the nays 0.
The bill having received the requisite constitutional majority was passed.

666

JOURNAL OF THE HOUSE,

HB ~474. By Mr. Sills of Candler:
A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues in the County of Candler; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 128. By Senator Ingram of the 51st district:
A bill to be entitled an act to create a board of commissioners of roads and revenues for the County 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 11 S, the nays 0.
The bill having received the requisite constitutional majority was passed.

Mr. Waller of Whitfield arose to a point of personal privilege and addressed the House.

The speaker presented the speaker-designate of the Florida House of Representatives, Honorable Richard H. Simpson, to the House at this time. Speakerdesignate Simpson addressed the House briefly and also introduced several members of the Florida House of Representatives and other distinguished guests from Florida to the House.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules having met and had under consideration a resolution establishing a special and continuing order of business, recommends that the same do pass.

Mr. Durden of Dougherty,



Vice-Chairman.

HR 116. By Mr. Durden of Dougherty: Be it resolved by the House that the following bills and resolutions be, and the
same are hereby, established as a special and continuing order of business, to wit: 1. HB 235. Salary commissioner of labor. 2. HB 337. Providing for sale of hunting and fishing licenses.

THURSDAY, FEBRUARY 18, 1943

667

3. HR 68-274. Revenue certificates.
4. SB 66. Providing for the par value of the shares of banking stock.
5. HB 339. Relating to the oyster industry.
6. HB 168. To name certain fish as fresh water fish and to regulate the taking of same.
7. HB 387. Relating to library commission.
8. SB 86. Authority to commit sixteen and eighteen year old boys to the training school.
9. HB 238. Amending income tax laws. 10. HB 136. Relating to public health.
11. HB 137. Relating to public health.
12. HB 138. Relating to public health.
13. HB 139. Authorizing the board of health to require laboratories, etc.
14. HB 140. Authorizing board of health to destroy records. 15. HB 148. Death punishment for burglary in certain cases. 16. HB 346. Court reporter, Coweta circuit. 17. HB 254. Limitations on suits to recover wages. 18. SB 108. Assignment of accounts receivable. 19. HB 236. Fertilizer inspection. 20. HB 243. Commercial fertilizer. 21. HB 296. Relating to the killing of carrier pigeons. 22. HB 425. Regulating the sale of seed. 23. HB 455. Joint control of trust fund. 24. SB 20. Relating to the Governor's borrowing power. By unanimous consent, HR 116 was adopted. Mr. Bynum of Rabun arose to a point of personal privilege and addressed the House. Under the special and continuing order of business established by HR 116 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

668

JOURNAL OF THE HOUSE,

HB 235. By Messrs. Drake of Seminole, Mims of Miller, Fortson of Wilkes, Harris of Richmond, McCracken of Jefferson, Bargeron of Burke, H"art of Quitman, Turner of DeKalb, Curry of Randolph, and Odom of Baker:
A bill to be entitled an act to amend an act to provide for the establishment of the department of labor, approved March 25, 1937 by adjusting and fixing the salary of the commissioner of labor; and for other purposes.

Mr. Sharpe of Toombs moved the previous question, the motion prevailed, and the main questi<:m 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 0.

The bill having received the requisite constitutional majority was passed.
HB 337. By Messrs. McCracken of Jefferson, Phillips of Columbia, and McNall of Chatham:
A bill to be entitled an act to regulate the sale and distribution of hunting and fishing license; and for other purposes.

The following amendments to HB 337 were read and adopted:
Mr. Pannell of Murray moved to amend HB 337 by adding at the end of section one the words "provided, the agent selling same shall not receive more than 10 per cent of the price of such licenses."
Mr. Bynum of Rabun moves to amend HB 337 by adding after the last word in section one thereof the following: "Provided said licenses shall be sold in each county by some designated bonded agent who shall keep stubs of all licenses sold. All license shall be charged to such agent who shall account for same or cash from result of sale."
Mr. Sills of Candler moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Durden of Dougherty gave notice that at the proper time he would move that the House reconsider its action on HB 337.

THURSDAY, FEBRUARY 18, 1943

669

HR 68-274A. By Messrs. Durden of Dougherty, Culpepper of Fayette and Harris of Richmond:
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 1, of the Constitution of Georgia be .amended by adding at the end thereof the following language ;
"Provided, furthEr, that revenue antiCipation obligations may be issued by any County, municipal corporation, or political sub-division of this State to provide funds for the construction, in whole 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 31, 1937, known as the Revenue Certificate Law of 1937, as amended by the Act approved March 14, 1939 to construct and operate, or to provide funds to extend, repair or improve any such existing facility. Such revenues anticipation obligations shall be payable, as to principal and interest, only from revenue produced by revenue producing facilities 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, repair, or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal of 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 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 by law.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were:

Adams Alexander Allison Alwood Baker Battles Barfield Bargeron Bennett Bentley Boone Branch Brewton Bridges Brunson Burnside Bynum Campbell of Polk: Cannon Cates Chance Clark: Copland Cowart Crummey Culpepper Curry Daves Dorsett Dorsey Dukes Durden Dyal Easler Edwards Ennis Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin

Gholston

Mills

Giddens

Minchew

Gilbert

Mitchell

Gillis

Moate

Goldberg

Moore of Baldwin

Gray

Moore of Taliaferro

Grayson

Nicholson of Oconee

Greene of Jones

Nicholson of Richmond

Greene of Schley

Norman

~uerry

Oliver

Guyton

Overby

Hagan

Pa<\gett

Harden

Pannell

Hardy

Park:

Hart of Quitman

Peck:

Hartness

Pettit

Hatchett

Phillips

Hefner

Pirkle

Herndon

Porter

Hicks

Powell

Hightower

Pruitt

Hill of Troup

Ray

Hogg

Reynolds

Holley

Riddlespurger

Hooks

Riley

Hubert

Roper

Hurst

Roughton

Joiner

Rowland

Johnson of Chattah'oochee Russell

Johnson of Pik:e

Salter

Kelly of W alk:er

Sharpe

Key

Sheppard

Littlejohn

Sills

Livingston

Smith of Dougherty

Looper

Smith of Oglethorpe

Martin

Sparks

Mason

Strickland

Maund

Sumner

McCamy

Swint

McCracken

Thompson

McEntire

Thrash

Mcintosh

Thurmond

McNall

Turner

Medders

Waller

THURSDAY, FEBRUARY 18, 1943

671

Weaver Welsch Wells of Ben Hill Wells of Telfair

Whipple Williams of Coffee Williams of Gwinett Williams of Harris

Wilson Woodruff Yawn

.Those not voting were:

Anderson Bates Bowen Boynton Broome Burton Caldwell Campbell of Newton Cheshire Connell Dallis Dalton Deal Drake Dunn DuPree Etheridge Ferguson Gowen Graham

Hand Hart of Thomas Heard Hill of Clarke Horne Howard Jennings of Sumter Jennings of Terrell johns Johnston Jones Kelly of Thomas Kendrick Knabb Mabry Malone Mankin Mavity Miller Mims

Mixon Odom Ogburn Parker Price Rees Reid Rossee Rountree Smiley Smith of Carroll Smith of Muscogee Smith of Washington Thomas Warnock: Wilbanks of Cherokee Wilbanks of Habersham Willoughby Wright Mr. Speaker

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

On the adoption of the resolution, the ayes were 144, thenays 0.

The resolution having received the requisite constitutional two-thirds majority was adopted.

SB 66. By Senator Arnold of the 26th district:

A hill to be entitled an act to amend the banking laws and title 13 of the Georgia code of 1933; to provide the par value of shares of stock of banking corporations; and for other purposes.

By unanimous consent, SB 66 was postponed until Friday morning, February ~ 9, 1943 immediately following the period of unanimous consents.

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

Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:

672

JOURNAL OF THE HOUSE,

HB 60. By Mr. Key of Jasper:
A bill to amend an act of the General Assembly amending the income tax laws by providing certain exceptions from operation of the said act; and for other purposes.

The following message was received from the Senate through Mr. Nevin; the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit:

SR 55. By Senators Millican of the 52nd, Ansley of the lOth, and others:
A resolution declaring that the week beginning Feb. 22, 1943, be set aside as WAAC week.

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:

HB 366. By Mr. Easler of Crawford:

A bill to provide for holding two regular terms of the superior court of Crawford county, Georgia; and for other purposes.
Mr. Durden of Dougherty moved that the House recess until 2:00 o'clock and the motion prevailed.

The speaker called the House to order.

2:00P.M.

Under the special and continuing order of business established by HR 116 the following bills of the House and Senate were taken up for consideration, read the third time and placed upo~ their passage:

HB 399. By Messrs. Ferguson of Camden, MeN all and Alexander of Chatham, Gowen of Glynn, and Sparks of Towns:

A bill to be entitled an act to regulate and control the planting and replanting of oysters; and for other purposes.
The following amendment to HB 339 was read and adopted:

Mr. McNall of Chatham moves to amend HB 339 by striking from said bill section 2 and substituting a new section 2 to read as follows:

"Section 2. Be it further enacted by the authority aforesaid that there is hereby imposed a tax on all oysters gathered from the waters of this State and shipped from any point within this S~ate in the amount of five cents for each gallon of raw shucked

THURSDAY, FEBRUARY 18, 1943

673

oysters or in the equivalent thereof of oysters in the shell, 6c for each 180 ounces on canned oysters, and such tax shall be paid by the person shipping such oysters. All oysters within the limits of this State, whether shucked or in the shell, shall be deemed prima facie gathered from the waters of this State unless there be attached to or affixed upon the container of such oysters evidence satisfactory to the State Game and Fish Commission as prescribed by any regulation made by it going to show that such oysters were gathered in some State other than the State of Georgia. The evidence of payment of the tax imposed herein shall be affixing of cancelled tax stamps in the proper amount to any container of such oysters, which stamps shall be of a design and material as prescribed by the State Game and Fish Commission, and the sale of which stamps shall be under the direction and control of such Commission. The proceeds from the sale of such tax stamps by said Commission shall be remitted by it or its duly authorized officer or agent to the state treasurer on the 15th day of calendar month."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill as amended, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following message was received from His Excellency, the Governor, through the Honorable M. E. Thompson, read and ordered filed:

Ellis .Arnall Governor

M. E. Thompson Executive Secretary.

State of Georgia Executive Department
Atlanta

February 18, 1943.

To the General Assembly of Georgia:

House Bill No. 268 was transmitted to the Executive Department on the 17th day of February, 1943, after duly passing the House and Senate.

This bill provided for an amendment to the Acts incorporating the City of Forsyth full power and authority in their discretion to close up and abolish any street, road, or alley, or any part of a street, road, or alley in said City. And provided further that the said City shall be liable for damages to any property right of any person occasioned by the exercise of such powers granted.

On February 17, 1943, I received the following communication from Hon. William Buford Mitchell, author of said Bill:

Dear Governor Arnall:

At the request of the mayor and aldermen of the City of Forsyth, Monroe

674

JOURNAL OF THE HOUSE,

County, I introduced House Bill number 268, which has been passed by the House and Senate.
This is a local Bill giving the Mayor and Aldermen of the City of Forsyth charter authority to close and abolish streets in Forsyth.
Last week-end when I was at home I found there was a lot of opposition to this Bill and because it had not been advertised the full thirty days provided by law, I announced and published a notice of a public hearing in the Courthouse, to be held Saturday ~t ten o'clock.
The Ron. Ashley Phinazee, Mayor of Forsyth, just called me over long distance and told me that at a meeting of the City Council held last night, they passed a Resolution asking me to repeal this Bill. I told Mr. Phinazee that the Bill had passed the House and Senate and I had it held up until after the hearing Saturday. He requested me to get you to veto the Bill. I respectfully request you to veto this local Bill as it will save the House and Senate the time that it will be necessary to pass another bill repealing this one.
With best wishes, I am
Sincerely yours
Wm. Buford Mitchell Member of House Monroe County

In compliance with the above request of the author of said Bill and in a spirit of cooperation with the members of the General Assembly, I am returning herewith House Bill No. 268 which I have this 18th day of February, 1943, vetoed.
Respectfully submitted,
Ellis Arnall, Governor.

Under the special and continuing order of business established by HR 116 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 168. By Messrs. McNall of Chatham, Culpepper of Fayette, Sparks of Towns, and Boynton of Union:
A bill to be entitled an act designating certain fish as fresh water game fish to provide for fishing seasons, method of fishing; and for other purposes.
Mr. Ray of Warren moved that HB 168 be tabled.
On the motion to table HB 168, the ayes were 96, the nays 56.
The motion prevailed and HB 168 was tabled.

THURSDAY, FEBRUARY 18, 1943

675

HB 387. By Messrs. Allison and Williams of Gwinnett, Moore of Baldwin and Price of Clarke:
A bill to be entitled an act to abolish the state library commission and transfer its functions and services to the state board of education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0
The bill having received the requisite constitutional majority was passed.
SB 86. By Senator Ennis of the 20th district:
A bill to be entitled an act to amend an act approved March 3, 1937 (Ga. laws 1937, p. 758) so as to grant the trial judge jurisdiction to commit convicts between 16 and 18 years to Georgia state training school for boys; and for other purposes.
Mrs. Mankin of Fulton moves to amend SB 86 by striking from Section I of the bill the following words:
"In accordance with the original terms of his sentence" and inserting in lieu thereof the following:
"The original terms of his sentence in Tattnall Prison at which institution he shall be segregated from confirmed criminals."
and to amend Section 2 of the bill by striking from said section the following words: "Prison Commission to be assigned to any penal institution of this State." and inserting in lieu thereof the following:
"State Prison at Tattnall at which institution he shall be segregated from confirmed criminals."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 238. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to provide that income tax returns made to the State need not be verified before filing; to provide all penalties heretofore provided for the filing of false or fraudulent verified returns shall relate to unverified returns; and for other purposes.

676

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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 136. By Mr. Looper of Dawson:
A bill to be entitled an act to prevent syphillis in the unborn child; to require blood test for all pregnant women; to prescribe rules for those attending pregnant women; and for other purposes.
Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
Leaves of absence were granted Messrs. Willoughby of Clinch, Brewton of Evans, Sharpe of Toombs, Moore of Taliaferro, Johnson of Pike, Powell of Stephens, Howard of Long, Dallis of Troup, and Smiley of Liberty.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, and HB 136 went over as unfinished business.

FRIDAY, FEBRUARY 19, 1943

677

Representative Hall, Atlanta, Georgia.
Friday, February 19, 1943.
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 a 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.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 126. By Senators Gross of the 31st, Atkin90n of the 1st, and Millican of the 52nd.: A bill to provide that no judicial officer shall be disqualified from sittmg in any cause or proceeding because of being a policy holder of a mutual insurance holder; and for other purposes.
SB 136. By Senators Millican of the 52nd, Pittman of the 42nd, and Dantzler of the 43rd.: A bill to repeal a title of a section of the code of Georgia, entitled, "Drunkenness in public places"; and for other purposes.
SB 137. By Senator Pittman of the 42nd.: A bill to provide for the eligibility of tax assessors to hold other offices; and for other purposes.

678

JOURNAL OF THE HOUSE,

SB 142. By Senators Millican of the 52nd and Arnold of the 26th: A bill authorizing the establishment and maintenance of common trust funds; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:
HB 174. By Mr. Brunson and Dr. Deal of Bulloch: A bill to amend an act to provide for exemption of taxation to the owner of personal property; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 247. By Mr. Reynolds of Clayton: A bill to amend an act known as Clayton commissioners-amendments; to repeal the abolition of Panhandle militia district; and for other purposes.
HB 264. By Mr. Looper of Dawson:
A bill to repeal an act to create a board of commiSSioners of roads and revenues of Dawson county; and for other purposes.
HB 273. By Mr. Clark of Catoos~:
A bill to repeal an act to abolish the board of roads and revenues of the County of Catoosa; and for other purposes.
HB 274. By Mr. Clark of Catoosa: A bill to create the office of commissioner for Catoosa county; to provide for his election and recall; and for other purposes.
HB 282. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to provide that in counties having a population of not less than 85,000, and not more than 90,000, a member of the county board of education shall be ineligible for re-election to said board for a period of two years; and for other purposes.

FRIDAY, FEBRUARY 19, 1943

679

HB 287. By Messrs. Hatchett and Thompson of Meriwether:
A bill to amend an act fixing the compensation of the treasurer of Meriwether county; and for other purposes. ..HB 28~. By Mr. Smiley of Liberty:
A bill to amend a nact creating the board of commissioners of roads and revenues for Liberty county; and for other purposes.
HB 348. By Mr. Strickland of Haralson:
A bill to repeal an act to abolish the offices of tax receiver and tax collector for Haralson county; and for other purposes.
HB 349. By Mr. Gaston of Butts:
A bill to amend an act creating a board of commissioners of roads and revenues for Butts county; and for other purposes.
HB 354. By Mr. Thomas of Chattooga:
A bill to amend an act to abolish the board of commissioners of roads and revenues for Chattooga county; and for other purposes.
HB 355. By Mr. Thomas of Chattooga:
A bill to amend an act to establish the city court of Chattooga county; and for other purposes.
HB 359. By Messrs. Turner, Hubert, and Broome of DeKalb:
A bill to fix the date of general primary elections in DeKalb county; and for other purposes.
HB 360. By Messrs. Broome, Hubert, and Turner of DeKalb:
A bill to amend an act to abolish the office of tax receiver and tax collector of DeKalb county; and for other purposes.
HB 364. By Mr. Peck of Dade:
A bill to authorize the ordinaries and county treasurers of all counties in the State of Georgia having certain populations, to pay the sheriffs of said counties additional compensation; and for other purposes.
HB 372. By Mr. Johnson of Chattahoochee:
A bill to amend an act to repeal an act creating a board of commissioner of roads and revenues for Chattahoochee county; and for other purposes.
HB 374. By Messrs. Smith and Roughton of Washington:
A bill to increase the compensation of the county commissioners of Washington county; and for other purposes.

680

JOURNAL OF THE HOUSE,

HB 375. By Mr. Fussell of Webster:
A bill to amend an act to create the office of commissioner of roads and revenues of the county of Webster; and for other purposes.
HB 376. By Mr. Fussell of Webster:
A bill to abolish the office of tax receiver, in Webster county; and for other purposes.
HB 295. By Mr. Pannell of Murray:
A bill to amend an act in reference to the commissioners of roads and revenues of Murray county; and for other purposes.
HB 298. By Mr. Hefner of Pickens.
A bill to abolish the office of tax receiver and tax commissioner of Pickens county; and for other purposes.
HB 299. By Mr. Mcintosh of Mcintosh:
A bill to amend an act to consolidate the offices of tax-receiver and tax collector in Mcintosh county, etc.; and for other purposes.
HB 304. By Mr. Gholston of Madison:
A bill to amend an act to incorporate the City of Danielsville; and for other purposes.
HB 305. By Mr. Dunn of Lamar:
A bill to amend an act to confer additional powers upon the corporate authorities of the Town of Barnesville; and for other purposes.
HB 314. By Mr. Medders of Bacon:
A bill to require all county officers of Bacon county, except the county surveyor and the coroner to execute a bond with one or more reputable and solvent endemnity companies as surety; and for other purposes.
HB 316. By Messrs. Deal and Brunson of Bulloch:
A bill to amend an act to provide that certain fees shall be paid to the tax commissioner of Bulloch county; and for other purposes.
HB 321. By Mr. Heard of Elbert:
A bill to amend an act to incorporate the City of Bowman in Elbert county; and for other purposes.
HB 326. By Mr. Eas\er of Crawford:
A bill to amend an act creating the board of commiSSioners of roads and revenues for Crawford county, and for other purposes.

FRIDAY, FEBRUARY 19, 1943

681

HB 328. By Mr. Thigpen of Glascock: A bill to amend an act creating a board of commissioners of roads and revenues for Glascock county; and for other purposes.
HB 386. By Messrs. Dorsey and Welsch of Cobb: A bill authorizing the sale or leasing of the Cobb county farm property by the county commissioners of said county; and for other purposes.
HB 395. By Mr. Hogg of Marion:
A bill to authorize the commissioner of roads and revenues of Marion county to pay premium on the bond of the county treasurer; and for other purposes.
HB 399. By Mr. Rossee of Putnam:
A bill to amend an act creating a board of commissioners of roads and revenues for Putnam county; and for other purposes.
HB 400. By Mr. Willoughby of Clinch: A bill to amend an act creating the county court of Clinch; and for other purposes.
HB 404. By Mr. Padgett of Echols:
A bill to provide for the division of Echols county into three commissioner districts; and for other purposes.
HB 123. By Messrs. Gardner of Mitchell and Durden of Dougherty:
A bill to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of peanuts in the shell and peaches; and for other purposes.
The following resolution of the House was read and referred to the Committee on Rules:
HR 123. By Mr. Durden of Dougherty:
A RESOLUTION.
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business immediately following the consideration of HB 136 at today's session, to wit:
SB Ill. Terms of court Houston county.
SB 63. Terms of court Chattahoochee county.
SB 61. Relating to Fulton county.

682

JOURNAL OF THE HOUSE,

SB 74. Trustee Andrew Female College. SB 104. Court reporter Piedmont circuit. HB 113. Salary reporter Griffin circuit. HB 153. Fulton county. HB 176. Terms of court Chattahoochee county. HB 323. Terms of court Houston county. HB 356. Relating to counties of population 18,520-18,530. HB 346. Relating to Coweta county. HB 383. Terms of court Peach county. HB 408. Upson county. HF 95-431B. Relieving surety on bond. HB 438. Salary reporter Stone Mountain circuit. HB 444. Terms of court Bibb county. HB 446. Relating to Webster county. HB 453. Relating to Bulloch county. HB 189. Relating to Fulton county. HB 380. Relating to Union county. HB 398. Relating to Washington county. HB 473. Relating to Clark county. HB 477. Relating to Fulton county. HR 71-295A. Relieving surety on bond. HB 293. Terms of court Forsyth county. HR 94-431A. Books to Dougherty county.
SB 55. Salary reporter Griffin circuit.
HB 197. Relating to DeKalb County. HB 496. Divorce cases. SB 120. Fulton county. By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time, and referred to the committees:

FRIDAY, FEBRUARY 19, 1943

683

HB 522. By Messrs. Kendrick of Fulton and Hand of Mitchell:
A bill to be entitled an act to repeal section 3 (f) of the unemployment compensation law and adopt a new section 3 (f) providing for the preservation during the present war of unemployment compensation benefits of persons entering the armed services; and for other purposes.
Referred to Committee on Industrial Relations.

HB 523. By Mr. Thigpen of Glascock:
A bill to be entitled an act to authorize county officials authorized and empowered to levy taxes for counties to levy and collect a tax of one cent per kilowatt hour of electricity consumed in such county; and for other purposes.
Referred to Committee on Ways and Means.

HB 524. By Messrs. Padgett of Echols and Pirkle of Forsyth:
A bill to be entitled an act to provide that persons suffering from diabetes shall be furnished insulin by the state department of health; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 525. By Messrs. Mills of Decatur, Durden and Smith of Dougherty, Sumner of Worth, Battles of Decatur, Hand and Gardner of Mitchell.
A bill to be entitled an act to provide for granting of leave of absence to solicitors general who enter the armed forces, and for appointment of solicitor general pro tempore; and for other purposes.
Referred to Committee on Special Judiciary.

HB 526. By Messrs. McCracken of Jefferson, Durden of Dougherty, Whipple of Bleckley, Boynton of Union, Sparks of Towns, Bynum of Rabun, and Bentley of Upson.
A bill to be entitled an act to provide for reciprocation between the different states, other than the State of Georgia, with the State of Georgia in transporting or selling farm products; and for other purposes.
Referred to Committee on General Agriculture No. 2.
HB 527. By Messrs. Hurst and Goldberg of Coweta.
A bill to be entitled an act to amend section 32-Hl02 to provide all county superintendents of schools shall be elected every four years; and for other purposes.
Referred to Committee on Education No. 2.

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JOURNAL OF THE HOUSE,

HB 528. By Messrs. Mixon of Irwin, Cates of Burke, Phillips of Columbia, and McCracken of Jefferson.

A bill to be entitled an act to amend section 68-623 of the Code of 1933 to provide the amount of compensation paid to members of the public service commission from fees derived from this source shall be changed ; and for other purposes.

Referred to Committee on State of Republic.

Mr. Foster of Paulding County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:

Mr. Speaker:

Your Committee on Amendments to Constitution No. 1 have had under consideration the following bills and resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SR 13. Do Pass.

SR 32. Do Pass by substitute.

HB 483. Do Not Pass.

HB 494. Do Pass.

HR 70. Do Not Pass.

HR 92. Do Pass.

HR 117. Do Pass as amended.

HR 118. Do Pass.

Respectfully submitted,
Foster of Paulding, Chairman.

Mr. Smith of Muscogee County, Chairman of the Committee on Conservation, submitted the following report:

Mr. Speaker:

Your Committee on Conservation have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Hou.se with the following recommendations:

HB 407. Do Pass.

Respectfully submitted,
Smith of Muscogee, Chairman.

FRIDAY, FEBRUARY 19, 1943

685

Mr. Sills of Candler County, Chairman of the Committee on Counties and County l\1atters, 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:
H B 510. Do Pass.
Mr. Sills of Candler County, Chairman of the Committee on Counties and County Matters, submitte4 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:
H B 480. Do Pass. HB 489. Do Pass. HB 491. Do Pass. HB 320. Do Not Pass.
Respectfully submitted,
Sills of Candler, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the Houst', to wit:
HB 443. HB 445. HB 447. HB 449. HB 462. HB 464.

686
HB 465. HB 466. HB 467. HB 474. HB 154. HB 235. HB 238. HB 339. HB 344. HB 387. HB 432. HB 437. HB 153. HB 189. HB 197. HB 293. HB 337. HB 346. HB 356. HB 380. HB 383. HB 398. HB 408. HB 438. HB 444. HB 446. HB 453. HB 473. HB 476.

JOURNAL OF THE HOUSE,

FRIDAY, FEBRUARY 19, 1943

687

HB 477. HB 487. HB 496. HR 68. HR 71. HR 94. HR 95.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills and resolutions of the House, to wit:

HB 366. HB 305. HB 156. HB 89. HB 177. HB 228. HB 248. HB 261. HR 33. HR 36. HR 37.

Respectfully submitted,
Johnson of Chattahoochee, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Mason of Morgan 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:
HB 428. Do Pass.
HB 211. Do Not Pass. Respectfully submitted,
Mason of Morgan, Chairman.

Mr. Speaker:
Mr. Hicks of Floyd 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 Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 378. Do Not Pass.
HB 389. Do Pass as amended.
HB 457. Do Pass.
HB 244. Do Not Pass. SB 98. Do Pass. SB 82. Do Pass. SB 81. Do Pass. HB 427. Do Pass. HB 34. Do Pass.
Respectfully submitted, Hicks, of Floyd, Chairman.

Mrs. Guerry of Macon County, Chairman of the Committee on Historical Research, submitted the following report:

FRIDAY, FEBRUARY 19, 1943

689

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 recommendations:
HB 115. Do Pass.
Respectfully submitted,
Mrs. Guerry of Macon, Chairman.

Mr. Thurmond of Hall 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 resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 102-454A. Do Pass.

Thurmond of Hall, Chairman.

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:
Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me as Chairman, to report the samf' back to the House with the following recommendations:
HB 495. Do Pass. HB 484. Do Pass. HB 497. Do Pass. HB 485. Do Pass. HB 481. Do Pass. HB 472. Do Pass. HB 478. Do Pass. HB 486. Do Pass. HB 448. Do Pass. HB 461. Do Pass.

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JOURNAL OF THE HOUS~,

HB 173. Do Pass. HB 490. Do Pass. HB 493. Do Pass. HB 441. Do Pass.

Respectfully submitted,
Allison of Gwinnett, Chairman.

Mr. Allison of Gwinnett 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:
HB 501. Do Pass.
HB 502. Do Pass. HB 519. Do Pass.
HB 512. Do Pass.
HB 500. Do Pass.
Respectfully submitted,
Allison of Gwinnett, Chairman.

Mr. Thigpen of Glascock County, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:
Your Committee on Privileges and Elections have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 96. Do Pass. HB 429. Do Pass. HB 452. Do Pass.

Respectfully submitted,
Thigpen of Glascock, Chairman.

FRIDAY, FEBRUARY 19, 1943

691

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary,

submitted the following report:



Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 507. Do Pass.

HB 511. Do Pass.

SB 133. Do Pass.

Respectfully submitted,

Mims of Miller, Chairman.

Mr. McCracken of Jefferson 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 resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 11. Do Pass.
SB 49. Do Pass. SB 119. Do Pass. SB 97. Do Pass as amended. HB 521. Do Pass.
HB 220. Do Pass. Respectfully submitted,
McCracken of Jefferson, Chairman.

By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
HB 36. By Mr. Barfield of Bibb:
A bill to be entitled an act to amend section 31 of the land registration act of 1917, so as to permit the owner of a registered tract of land to transfer

692

JOURNAL OF THE HOUSE,

to himself separate parcels without necessarily freeing said transferred parcels from further registration; and for other purposes.

HB 173. By Messrs. Bennett and Bates of Ware:
A bill to be entitled an act to amend the charter of the City of Waycross, to provide for the election of the recorder by the city commission; and for other purposes.

HB 220. By Messrs. Key of Jasper, Harden of Turner and Anderson of Wayne:
A bill to be entitled an act to amend section 97-202 and section 97-302 of the Code of 1933, to provide that the secretary of state may issue licenses or permits for the sale of securities to an issuer; and for other purposes.
HB 389. By Messrs. Grayson and Alexander of Chatham, Allison of Gwinnett and Gilbert of Glynn:
A bill to be entitled an act to provide that no judicial officer shall be disqualified from presiding in any proceedings because of being a policy holder .in any mutual insurance company; and for other purposes.
HB 407. My 1 Mr. Chance of Twiggs: A bill to be entitled an act to require the state highway board to have its patrolmen to burn the shoulders of all state highways to protect the forests; and for other purposes.
HB 427. By Mr. Hicks of Floyd:
A bill to be entitled an act to amend chapter 113-1707 of the Code of 1933, relative to sale of land by administrator or executor to provide in no event shall the sale be legal until after leave to sell has been granted by the ordinary; and for other purposes.
HB 428. By Messrs. Hatchett of Meriwether and Key of Jasper:
A bill to be entitled an act to amend the act relating to the sale of fertilizer or fertilizer material to provide for the registration and method of reporting; and for other purposes.
HB 429. By Messrs. Smith, Elliott and Copland of Muscogee:
A bill to be entitled an act to amend the laws relating to elections to provide the hours certain precincts shall remain open for voting; and for other purposes.
HB 441. By Messrs. Goldberg and Hurst of Coweta:
A bill to be entitled an act to repeal the charter of the City of Moreland a:1d to create a new charter for said city; and for other purposes.

FRIDAY, FEBRUARY 19, 1943

693

HB 448. By Messrs. Alexander, Grayson and McNall of Chatham:
A bill to be entitled an act to amend the several" acts incorporating the mayor and councilmen of Tybee, Savannah Beach, to authorize them to operate a sanitary sewerage system; and for other purposes.
HB 452. By Messrs. Durden of Dougherty, Goldberg and Hurst of Coweta, and Connell of Lowndes:
A bill to be entitled an act to prescribe rules and regulations for the making up of voters' list in primaries, fixing the date and method of filing such list; and for other purposes.
HB 457. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to provide for the method of sale of illegal distillery equipment, supplies, liquor and alcohol and the allocation of the money derived from such sale; and for other purposes.
HB 461. By Messrs. Bynum of Rabun and Wilbanks of Habersham:
A bill to be entitled an act to create a new charter for the Town of Tallulah Falls; to extend the corporate limits; to provide for a parks commission and a board of health; and for other purposes.
HB 472. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the charter of the City of Marietta to extend the corporate limits; and for other purposes.
HB 478. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend the charter of the Town of Gibson and to reincorporate said town and change the name to the "City of Gibson"; and for other purposes.
HB 480. By Messrs. Hand and Gardner of Mitchell:
A bill to be entitled an act to make the tax collector of Mitchell county ex-officio sheriff for the sole purpose of collecting taxes; and for other purposes.
HB 481. By Mr. Durden of Dougherty:
A bill to be entitled an act to amend the charter of the City of Albany to empower the City of Albany to own and operate a transportation system to operate within the city and four miles beyond the city limits; and for other purposes.
HB 484. By Mr. Porter of Gordon:
A bill to be entitled an act to amend the charter of the Town of Sugar Valley to authorize the adoption of ordinances; to authorize the issuance

694

JOURNAL OF THE HOUSE,

of bonds not to exceed $25,000.00 for the purpose of public improvements; and for other purposes.
HB 485. By Mr. Mabry of Sumter:
A bill to be entitled an act to amend the charter of the Town of Leslie to enlarge the duties of the tax assessors and provide a method of arbitration; and for other purposes.
HB 486. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the charter of the City of Hapeville to authorize zoning ordinances; to provide for absentee ballots in city elections; and for other purposes.
HB 489. By Messrs. Barfield, Weaver and Wilson of Bibb:
A bill to be entitled an act to amend the acts creating the board of commissioners of Bibb county to provide for adoption of rules, regulations and ordinances for the security, welfare and health of said county, and for the preservation of the peace; and for other purposes.
HB 490. By Messrs. Barfield, Weaver and Wilson of Bibb:
A bill to be entitled an act to amend the charter of the City of Macon to authorize a mayor and council to order repairs or elimination of property certified as fire hazards or detrimental to health; to provide the city may make repairs and issue an execution against property after proper notice; and for other purposes.
HB 491. By Mr. Howard of Long:
A bill to be entitled an act to amend the act creating the board of commissioners of Long county fixing the terms of the commissioners and providing for a county attorney and fixing his salary; and for other purposes.
HB 493. By Messrs. Alexander, Grayson and McNall of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah to extend the corporate limits; and for other purposes.
HB 494. By Mr. Harris of Richmond:
A bill to be entitled an act proposing an amendment to article 7, section 2, paragraph 2, of the Constitution to exempt from ad valorem and intangibles taxes the common voting stock of subsidiary corporation where ninety per cent thereof is held by a Georgia Corporation ; and for other purposes.
HB 495. By Mr. Boynton of Union:
A bill to be entitled an act establishing a new charter for the City of Blairsville; and for other purposes.

FRIDAY, FEBRUARY 19, 1943

695

HB 497. By Mr. Williams of Coffee:
A bill to be entitled an act to amend the charter of the City of Douglas to provide for the permanent registration of voters and for the board of registrars to make up a voters' list ten days before each city election; and for other purposes.
HB 500. By Messrs. Nicholson, Holley and Harris of Richmond:
A bill to be entitled an act to abolish the civil service commission of the City of Augusta; and for other purposes
HB 501. By Messrs. Nicholson, Holley and Harris of Richmond:
A bill to be entitled an act to amend the charter of City of Augusta to create a board of civil service commission; and for other purposes.
HB 502. By Messrs. Nicholson, Holley and Harris of Richmond:
A bill to be entitled an act to amend the charter of the City of Augusta to provide for recall to duty any employee that may have retired from service under the pension acts; and for other purposes.
HB 507.
A bill to be entitled an act to abolish the city court of Henry county and transfer all matters pending and all records to the superior court of Henry county; and for other purposes.
HB 510. By Mr. Mims of Miller:
A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues for Miller county to provide for one additional co~missioner; and for other purposes.
HB 511. By Mr. Mims of_ Miller:
A bill to be entitled an act to amend the act establishing a city court for the County of Miller to change the solicitor from a fee to a salary basis; and for other purposes.
HB 512. By Mr. Mims of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt to provide a salary for the mayor; to provide for appeals from police court to the city council; to provide for the territorial limits of the city; and for other purposes.
HB 519. By Messrs. Alexander, Grayson and MeN all of Chatham:
A bill to be entitled an act to amend the charter of the City of Savannah to abolish the recreation commission and authorize the mayor and aldermen to create a recreation commission and repealing all pension laws except

696

JOURNAL OF THE HOUSE,

:he one approved February 11, 1941, (Ga. Laws 1941, pp. 1750-1752) and enacting a pension system to be effective upon approval of this act; and for other purposes.

HB 521. By Messrs. Caldwell of Troup and Hand of Mitchell:
A bill to be entitled an act to authorize the deduction of amortization for emergency or war facilities from gross income in computing income taxes for the State of Georgia; and for other purposes.

HR 92-430A. By Messrs. Smith, Copland and Elliott of Muscogee and Durden of Dougherty:
A resolution proposing an amendment to article 6, section 16, paragraph 1, of the Constitution to provide members of the Army to have resided in the state for a year may file suits for divorce; and for other purposes.

HR 102-454A. By Messrs. Brewton of Evans and Smiley of Liberty: A resolution requesting the federal government to build a fence around Camp Stewart anti-aircraft base sufficient to keep cattle and hogs from entering said area; and for other purposes.

HR 115-497A. By Mr. McNall of Chatham:
A resolution directing the Governor to proclaim March 12 of each year "Juliette Low-Girl Scout Day" commemorating the founding of the girl scout movement in United States by Juliette Gordon Low; and for other purposes.

SB 96. By Senators Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Simmons of the 8th, and Kennedy of the 2nd districts':
A bill to be entitled an act to fix the time for general and primary elections in Georgia; and for other purposes.

SB 97. By Senators Preston of the 27th, and Gross of the 31st districts:
A bill to be entitled an act to provide the supreme court shall employ a person or persons to prepare and compile the acts of the General Assembly; and for other purposes.

SB 98. By Senators Atkinson of the 1st, Pope of the 7th, and Raynor of the 4th districts:
A bill to be entitled an act to repeat section 29-409 of the Code of 1933 and substituting a new section to provide deeds executed out of this state when properly attested acknowledged by certain officers of the army or navy, or counsul or vice-consul may be recorded in this state; and for other purposes.

FRIDAY, FEBRUARY 19, 1943

697

SB 119. By Senators Gross of the 31st, Atkinson of the 1st, Bloodworth of the 22nd, Bloodworth of the 23rd, Lester of the 18th, Millican of the 52nd, Pope of the 7th, Forester of the 44th, Foster of the 40th, Kaigler of the 12th, and Kimbrough of the 25th districts:

A bill to be entitled an act to provide for confirmation by the Senate of all

appointees of the Governor to board, commissions, bureaus and public of-

fices; and for other purposes.

t

SB 133. By Senator Eubank of the 20th district:
A bill to be entitled an act to change from the fee to a salary system, certain county officers in Columbia county; and for other purposes.

SR 13. By Senators Gross of the 31st, Ennis of the 20th, Harrison of the 17th, Eubank of the 29th, Forester of the 44th, Pope of the 7th, Terrell of the 19th, Kennon of the 6th, Kennedy of the 2nd, Ingram of the 51st, Kaigler of the 12th, Ansley of the lOth, Foster of the 40th, Dean of the 34th, and Peterson of the 15th districts:
A resolution to submit to the qualified voters at the next general election a proposal to provide for taxation for a teacher's retirement plan; and for other purposes.

SR 32. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, Whitworth of the 38th, Hall of the 50th, Stark of the 33rd, Martin of the 13th, Bloodworth of the 23rd, Raynor of the 4th, Bloodworth of the 22nd, Ennis of the 20th Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th, and Kaigler of the 12th districts:
A resolution proposing to the people of Georgia that paragraph 3, of section 4 of article 3 (Sec. 2-1503 of the Code of Georgia) of the Constitution be amended striking and repealing said paragraph and inserting in lieu thereof a new paragraph to provide that the General Assembly shall meet on the second Monday in January, 1945, and biennially thereafter; and for other purposes.
HR 117-502A. By Mr. McCamy of Whitfield:
A resolution proposing an amendment to article 8, section 4, paragraph 1, of the Constitution to raise the amount of taxes that can be assessed for education purposes from five to ten mills; and for other purposes.
HR 118-509A. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A resolution proposing an amendment to article 7, section 6, paragraph 1, of the Constitution to authorize Fulton county and the City of Atlanta to appropriate funds not derived from taxation to advertise and promote the agricultural, industrial and recreational resources; and for other purposes.

698

JOURNAL OF THE HOUSE,

SB 11. By Senators Pittman of the 42nd, Gross of the 31st, Atkinson of the 1st, Stark of the 33rd, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Forester of the 44th, Terrell of the 19th, Foster of the 40th, Millican of the 52nd, Kennedy of the 2nd, Dean of the 34 districts:

A bill to be entitled an act to limit the amount of money that may be ex-

pended or obligated by or in behalf of a candidate for the office of Governor

t

in the conduct of his campaign for nomination or election; to provide pen-

alties; and for other purposes.

SB 81. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend an act found in Georgia Laws 1937, pages 760-61 the effect of filing for record mortgages, bills of sale, contracts; to provide for renewal of such notice; and for other purposes.
SB 82. By Senator Arnold of the 26th district:
A bill to be entitled an act to provide that transfers by executors or administrators with the will annexed under common form probate, of registered bonds, certificates, shares, shall be valid; and for other purposes.
By unanimous consent, the following bills of the Senate were read the first time, and referred to the committees:
SB 126. By Senators Gross of the 31st, Atkinson of the 1st, and Millican of the 52nd districts:
A bill to be entitled an act providing that no judicial officer shall be disqualified from presiding in any proceedings because of being a policy holder in any mutual insurance company; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 136. By Senators Millican of the 52nd, Pittman of the 42nd and Dantzler of the 43rd districts:
A bill to be entitled an act to amend the laws of Georgia relative to drunkenness in public places; and for other purposes. Referred to Committee on Temperance.
SB 137. By Senators Hall of the 50th and Pittman of the 42nd districts: A bill to be entitled an act to provide tax assessors cannot hold any state, county or municipal office while serving as tax assessor; and for other purposes. Referred to Committee on General Judiciary No. 2.
SB 142. By Senators Millican of the 52nd and Arnold of the 26th districts:
A bill to be entitled an act to authorize common trust funds; to authorize

FRIDAY, FEBRUARY 19, 1943

699

investments or participations therein; to prescribe the rights, powers and duties of banks, trust companies, fiduciaries, participants, beneficiaries and other persons; and for other purposes.
Referred to Committee on General Judiciary No.2.
By unanimous censent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 476. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton:
A bill to be entitled an act to amend the act creating and establishing a new charter for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
The Speaker appointed as a Committee of Escort to escort the Honorable Fred G. McAlister, president of Kiwanis International, of London, Ontario, Canada, to the hall of the House of Representatives the following members of the House, to wit:
Messrs. Thurmond of Hall, Mason of Morgan, and Campbell of Newton.
The hour of convening of 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 an address by the Honorable Fred G. McAlister, president of Kiwanis International, of London, Ontario, Canada, was called to order by the Honorable Frank Gross, President of the Senate.
Accompanied by his wife, Mrs. McAlister, and the Committee of Escort, the Honorable Fred G. McAlister appeared upon the floor of the House and delivered an address.
The following privilege resolution was read and adopted:
By Mr. Sills of Candler:
A RESOLUTION.
As president of the Metter Candler County Kiwanis Club and as a member of the Georgia Legislature and in behalf of the Georgia General Assembly, we commend to the people of Georgia the speech of Mr. McAlister and request Congress to put into effect the principles embodied in his address.
Mr. Durden of Dougherty moved that the joint session do now dissolve, and the motion prevailed.
The Speaker called the House to order.

700

JOURNAL OF THE HOUSE,

By unanimous consent, the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 487. By Mr. Giddens of Calhoun:
A bill to be entitled an act to abolish the city court of Morgan in and for the County of Calhoun; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having met and had under consideration a resolution establishing a special and continuing order of business at today's session immediately following the consideration of HB 136, and recommends that the same do pass.
Durden of Dougherty, Vice-Chairman.

HR 123. By Mr. Durden of Dougherty:
A RESOLUTION.
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business immediately following the consideration of HB 136 at today's session, to wit:
SB 111. Terms of court Houston county. SB 63. Terms of court Chattahoochee county. SB 61. Relating to Fulton county. SB 74. Trustee Andrew Female College. SB 104. Court reporter Piedmont circuit. SB 120. Fulton county. HB 113. Salary reporter Griffin circuit. HB 153. Fulton county. HB 176. Terms of court Chattahoochee county. HB 123. Terms of court Houston county. HB 356. Relating to counties of population 18,520-18,530.

FRIDAY, FEBRUARY 19, 1943

701

HB 346. Relating to Coweta county. HB 383. Terms of court Peach county. HB 408. Upson county. HR 95-431B. Relieving surety on bond. HB 438. Salary court reporter Stone Mountain circuit. HB 444. Terms of court Bibb county. HB 446. Relating to Webster county. HB 453. Relating to Bulloch county. HB 189. Relating to Fulton county. HB 380. Relating to Union county. HB 398. Relating to Washington county. HB 473. Relating to Clarke county. HB 477. Relating to Fulton county. HR 71-295A. Relieving surety on bond. HB 293. Terms of court Forsyth county. HR 94-431A. Books to Dougherty county.
SB 55. Salary reporter Griffin circuit.
HR 197. Relating to DeKalb county. HB 496. Divorce cases.
By unanimous consent, HR 123 was adopted.
The following resolution of the Senate was read and adopted:
SR 49. By Senator Pope of the 7th district: A resolution designating Wednesday, February 24, 1943, as Army-Navy Salvage Day and requesting all business to close and aid local salvage committees; and for other purposes.
Under the special and continuing order of business established by HR 123 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
SB 111. By Senator Bloodworth of the 23rd distriCt: A bill to be entitled an act to provide for the holding of two regular terms a

702

JOURNAL OF THE HOUSE,

year of the Superior Court of Houston county; to fix the time of holding 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 63. By Senator Hollis of the 24th district:
A bill to be entitled an act to change the time of holding the superior court of Chattahoochee county from the third Mondays in March and September each year to the fourth Mondays in March and September of 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 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 61. By Senator Millican of the 52nd district: A bill to be entitled an act to amend the act for examination of master electricians in counties of 150,000 inhabitants or more; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill having received the requisite constitutional majority was passed.
SB 74. By Senator Boyett of the 11th district:
A bill to be entitled an act approved August 19, 1912, which was an amendment to an act approved January 15, 1854, incorporating Andrew Female College; to provide for changes in the number of trustees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 104. By Senator Stark of the 33rd district: A bill to be entitled an act to amend section 84-3104 of the Code of Georgia of 1933, relating to the compensation of court reporters by providing addi-

FRIDAY, FEBRUARY 19, 1943

703

tiona! compensation for the court reporter of the Piedmont judicial circuit; to repeal conflicting 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 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 120. By Senator Millican of the 52nd district:
A bill to be entitled an act approved March 16, 1939 (Ga. Laws 1939 p. 278), entitled "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; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 113. By Messrs. Hightower and Swint of Spalding, Salter and Bentley of Upson, and Johnson of Pike:
A bill to be entitled an act to provide for a salary for the court reporter in the Griffin judicial circuit; and for other purposes.
Mr. Hightower of Spalding asked unanimous consent that HB 113 be tabled, and the motion prevailed.
HB 153. By Messrs. Kendrick, Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to empower the board of commissioners in counties of 200,000 or more to acquire real estate by purchase or condemnation when such acquisition will aid in slum clearance, promote sanitation, abate or remove a health menace; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 176. By Mr. Johnson of Chattahoochee: A bill to be entitled an act to set the time of holding superior court of Chattahoochee county on the fourth Mondays in March and September instead of the third Mondays; and for other purposes.

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Mr. Johnson of Chattahoochee asked unanimous consent that HB 176 be tabled, and the motion prevailed.
HB 323. By Mr. Gray of Houston: A bill to be entitled an act to provide for the holding of the Houston superior court and fixing the time; and for other purposes.
Mr. Gray of Houston asked unanimous consent that HB 323 be tabled, and the motion prevailed.
HB 356. By Mr. Thomas of Chattooga: A bill to he enttiled an act to provide for the establishment of a juvenile court in Chattooga county; to provide a judge 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 383. By Mr. Riley of Peach:
A bill to be entitled an act to provide for the holding of three regular terms a year of the superior court of Peach county; to fix the time of holding 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 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 346. By Messrs. Hatchett of Meriwether, Hill of Troup, Hurst and Goldberg of Coweta, Smith of Carroll, and Sheppard of Heard: A bill to be entitled an act to provide additional compensation for the court reporter of the Coweta 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 106, the nays 0. The bill having received the requisite constitutional majority was passed. HB 408. By Mr. Salter of Upson:
A bill to be entitled an act to regulate the eligibility of councilmen and

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aldermen of certain towns to run in other municipal elections; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
HR 95-431B. By Mr. Gholston of Madison:
A resolution relieving J. M. LaCount as surety on bond of Dave Meadow;
and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the adoption of the resolution, the ayes were 108, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
HB 438. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to provide a salary for the official court reporter of the Stone Mountain 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 107, the nays 0.
The bill having received the requisite constitutional majority was adopted. H B 444. By Messrs. Weaver, Wilson and Barfield of Bibb:
A bill to be entitled an act to provide for the holding of six terms a year of the superior court of Bibb ..:ounty; to fix the time of holding 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 105, the nays 0.
The bill having received the requisite constitutional majority was adopted.
H B 446. By Mr. Fussell of Webster:
A bill to be entitled an act to fix the methods of electing members of the county board of education in Webster county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 107, the nays 0. The bill having received the requisite constitutional majority was adopted. HB 453. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to amend an act entitled "clerk of superior court, salary for"; and for other purposes. On the passage of the bill, the ayes were 106, the nays 0. The report of the committee, which was favorable to the passage of the bill, was agreed to. The bill having received the requisite constitutional majority was adopted. HB 189. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to create a civil service board in Fulton County; and for other purposes. The following committee substitute to HB 189 was read and adopted:

AN ACT
To create a Civil Service Board in Fulton County, to provide for the appointment and removal of the members of said Board and their qualifications, term of office and salaries; to prescribe the duties of the Civil Service Board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualification of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; to provide for the holding of examinations under the provisions of this Act; to provide for probationary period of employment; to provide how and in what manner and for what reason employees may be demoted, suspended or discharged; to provide for trials of employees charged with the violation of Civil Service rules or the provisions of this Act; to provide a uniform procedure for handling the personnel affairs of such county; to provide for promotions, suspensions, reduction and removal of county employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit county employees coming under the provisions of this Act from doing certain things in violation thereof; to provide for the method whereby employees under the unclassified service may come under the classified service; to provide a penalty for all persons violating the provisions of this Act; to provide for a Secretary to the Board and define his powers and duties and prescribe a minimum salary for such secretary; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide leave for county employees in military service; to fix the responsibility for the conduct of the affairs of County

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Government; to provide for the bonding of employees under classified services; to provide that the provisions of this Act are separable in the event a portion thereof is declared unconstitutional; to provide for the repeal of conflicting laws: and for other purposes so as to provide a complete merit system for employees of Fulton County.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF SAME, TH!'\T A CIVIL SERVICE SYSTEM IS HEREBY CREATED IN FULTON COUNTY, AS FOLLOWS:
Section 1. Index to Civil Service Act.
Section 2. Definitions.
Section 3. Appointment, Removal, Compensation and Duties of the Fulton County Civil Service Board.
Section 4. Appointment, Removal, Compensation and Duties of the Secretary, Fulton County Civil Service Board.
Section 5. Unclassified Service and Classified Service.
Section 6. Status of Incumbents. Section 7. Method of Filling Vacancies. Section 8. Certification and Appointment. Section 9. Temporary and Provisional Appointment.
Section 10. Examinations.
Section 11. Ratings and Eligibility. Section 12. Promotions. Section 13. Re-employment. Section 14. Transfers. Section 15. Demotions. Section 16. Suspensions. Section 17. Lay-offs. Section 18. Removals. Section 19. Appeals. Section 20. Political Activity. Section 21. Residence.

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Section 22. Dismissal for Violation.
Section 23. Penalties.
Section 24. Oaths.
Section 25. Bonds of Employees.
Section 26. Constitutionality.
Section 27. Effective Date.
Section 28. General Repeals.
Section 2. DEFINITIONS: The following terms, when used in this Act, shall have the following meanings unless the context clearly requires otherwise.
( 1) "Classified Service" means all offices and positions of trust and employment in the service of Fulton County except those placed in the unclassified service by this Act, and those covered by other Civil Service Acts enacted heretofore. "Classified Service" shall not include office employees of the Police, Fire, and Education Departments who are covered by the Civil Service rules of their departments. "Classified Service" shall include the employees of the County Department of Public Welfare and Health only in the event that the terms and conditions specified in
Section 5 (II) hereinafter are made operative.
(2) "Board" means the Fulton County Civil Service Board.
(3) "Secretary" means the Secretary of the Fulton County Civil Service Board.
(4) "Appointing Authority" means the officer, commissions, boards, or bodies having the power of appointment, employment or election to, or removal from, subordinate positions in any office, department, commission, board of institution; or any person or grpup of persons having the power by virtue of the constitution, statute, or lawfully delegated authority to make appointments or employments to the positions in the Fulton County Employment Service.
(5) "County Commissioners" means Commissioners of Roads and Revenue of Fulton County.
(6) "Position" means any office or place of employment in the service of Fulton County, Georgia.
(7) "Classified Employees" means any employee holding a position in the Classified Service.
(8) "Public Hearings" means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved.
Section 3. APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE CIVIL SERVICE BOARD:

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( 1) There is hereby created and established the Fulton County Civil Service Board which shall consist of three members of known sympathy to the merit system who shall have been residents of Fulton County for two years or more. The initial members of the Fulton County Civil Service Board shall be as follows:
George A. Giese-for term ending December 31, 1944.
Herman Steinichen-for term ending December 31, 1946.
G. Frank Garrison-for term ending December 31, 1948.
Thereafter all appointments for the Civil Service Board shall he as follows: The Chairman of the Fulton County Commission of Roads and Revenue shall nominate the members of the Board subject to confirmation by a majority vote of the County Commission at its next regular meeting after said nominations are made. Such nomination shall be announced by publication in the official organ of tht county at least one week before said meeting of the County Commission. All appointments shall be for a term of six years, and the members shall serve until their successors have been appointed and qualified. The members shall annually elect one of their members as Chairman of the Board and one member as Vice-Chairman. Two members of the Board shall constitute a quorum for the transaction of business. Vacancies in the office of said Civil Service Board created by death, resignation or otherwise shall be filled by nomination of the Chairman and confirmation by the Board of County Commissioners after publication as provided for regular appointments herein and such appointment shall be for the unexpired term. No member of the Board shall hold any other lucrative office or employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of Notary Public or in the military forces.
(2) A member of the Board may only be removed for cause after charges have been filed with the County Commission. Such charges must be filed in writing and a copy furnished the member sought to be removed, the member shall be entitled to a public hearing before the County Commissioners, and removal shall be accomplished only after such hearing and a majority vote of the entire Board of County Commissioners.
(3) The members of the Board shall be paid at the rate of ten dollars ($10.00) per diem for the time actually devoted to the business of the Board, but no member shall be paid for more than thirty-six days of service for the first year after the effective date of this Act, and thereafter not more than twenty-four days of service in any one year.
(4) The Board shall keep its office and shall hold its meetings in the Fulton County Court House, and all of said meetings shall be open to the public. The Board shall hold regular meetings at least once monthly, and as often in addition thereto as the Board may provide.
(5) It shall be the duty of all officers having charge of public buildings of Fulton County to allow the reasonable use of space and room therein, and to heat

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and light for the holding of any examinations or investigations provided for by this Act in all proper ways to facilitate the work of the Board. It shall be the duty of the Board as a body:
(a) After a public hearing and proper investigation during which the County Commissioners, Appointing Authorities, and the Classified Employees shall be afforded every opportunity to be heard to adopt, rescind, and amend rules and regulations for the administration of this Act; to set up a classification plan for all positions covered by this Act, together with a minimum, intermediate, and maximum salary schedule for such positions, which when adopted by a majority vote of the County Commissioners, it shall be the duty of all Appointing Authorities and other employees of Fulton County to which these rules, regulations, classifications, plans, salary schedule, and any modifications thereof may relate to assist in all proper ways in carrying them into effect. The prevailing wage rate shall be the basic minimum salary schedule for skilled mechanics, holding positions in the Classified Service under this Act. Notice of the contents of such rules, regulations, classification plan, salary schedule and any modifications thereof shall be given to all appointing authorities affected thereby, and shall be printed for public distribution.
(b) To hear and determine appeals and complaints respecting the administrative work of the Secretary, filed with the Board by any appointing authority or classified employee and such other matters as may be referred to the Board by the Secretary.
(c) To make such investigations as may be requested by the County Commissioners where general Fulton County employees are affected, or on its own motion and to report thereon.
(d) To keep minutes of its own meetings and such other records as the Board may deem necessary.
(e) To examine and approve or modify the annual report prepared by the Secretary and submit such report to the County Commissioners on or before the first day of December of each year transmitting,therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this Act, and to supervise generally the work of the Secretary in the administration of the provisions of this Act. Such report shall be made available to any interested groups.
Section 4. APPOINTMENT, REMOVAL, COMPENSATION AND DUTIES OF THE SECRETARY:
(1) The Board shall appoint a Secretary. Such a Secretary shall have been a resident of Fulton County for one year or more and shall be a person competent, trained, and experienced in the field of personnel administration and thoroughly in sympathy with .the application of merit and sound business principles in the administration of personnel.
(a) The Secretary shall appoint and supervise any necessary employees and incur necessary expenses for the administration of this Act within the limits of the appro-

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711

priation to be provided by the County Commissioners. Provided, further, such appropriation shall be adequate for the proper administration of this Act.
(b) The County Commissioners shall provide adequate quarters for the Board and the Secretary to administer the provisions of this Act.
(2) All employees of the Board shall be in the Classified Service established under this Act and shall be employed in accordance therewith.
(3) The Secretary shall take the oath of office prescribed for the County Commissioners and give bond in the penal sum to be fixed by the County Commissioners, for his faithful performance.
(4) The Secretary shall hold his office during good behavior and may be removed only for cause after a public hearing by the Board.
(5) The Secretary shall be paid a salary of Forty-Two Hundred Dollars ($4,200.00) per annum.
( 6) It shall be his duty:
(a) To attend meetings of the Board, to act as its Secretary and to record its offcial actions.
(b) To prepare, recommend, and administer the civil service system, the rules, regulations, classification plan and salary schedule for the proper administration and execution of this Act. The rules and regulations as adopted by the Board, and approved by the County Commissioners, shall govern the examination procedure, formulation of registers of eligibles, certification of persons qualified for appointment to the classified service, administration of appointments, transfers, demotions. promotions, suspensions, lay-offs, re-employments, resignations, leaves of absence without pay, qismissals, and other matters pertaining to the proper administration of this Act.
(c) To establish and maintain a roster of all officers and employees in the employ of Fulton County who are covered by this Act, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent.
{d) To check all payrolls or other compensation for personnel service in the classified service periodically, at such times as the Secretary, or the Board, may deem consistent for the proper administration of this Act.
{e) To recommend to the Board and the County Commissioners proper classification of new positions created in the Fulton County EmplGyment Service covered by this Act, according to duties and responsibilities.
(f) To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any investigation in connection with the administration of the provisions of this Act.

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(g) To make an annual written report to the Board.
(h) To perform any other lawful act required to carry into effect the purposes and spirit of this Act.
Section 5. UNCLASSIFIED SERVICE AND CLASSIFIED SERVICE.
( 1) The Unclassified Service shall consist of the following:
(a) Officers elected by the people and persons appointed to fill vacancies in such elective offices.
( 1) Provided. in the offices of the Clerk of the Superior Court, Tax Receiver, Tax Collector, Sheriff and Ordinary, if the Chief Deputy in any of said offices should elect not to be a candidate in the succeeding election, he shall revert to his former status in the classified service.
(b) Members of the Board or special commissions appointed by the County Commissioners for special purposes, who serve without compensation.
(c) The clerk of the Board of County Commissioners.
(d) Persons temporarily appointed or designated to make or conduct special inquiry, investigation, or examination where such appointment or designation is certified by the Board to be for employment which should not be performed by persons in the classified service.
(e) Election officials.
(f) Heads of Departments elected or appointed by the County Commissioners and/or by the Judges of the Superior Court.
(g) The Marshall of the Civil Court of Fulton County and tht;,. Clerk of said Court.
(h) Officers and employees in the Department of Police, Fire and Education having their own Civil Service or Tenure Rules.
(i) Seasonal employees whose employment does not exceed three months in any one year.
(j) Superintendents and Assistant Superintendents under the Board of Education, and other persons elected by said Board of Education for definite terms; librarians employed through the Board of Education; clerks in schools, and nurses, maids, and employees in cafeterias in schools.
(k) Board of Tax Assessors, Board of Health, Board of Inspection Steam Fitters, Board of Public Welfare, and Jury Commissioners.
(1) All employees of the Solicitor General's office.
(m) Assistant Solicitors General, also Assistant Solicitors of the Criminal Court of Fulton County.

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(n) Personal Secretary of any Judge of the Superior, Criminal, Juvenile, or Civil Court of Fulton County and the official court reporters thereof.
(o) All employees of the Fulton County Department of Public Works.
Provided further that the employees of any Department of Fulton County under the unclassified service may come under the classified service and be governed by all of the provisions of this Act and the rules and regulations of the Civil Service Board created herein at any time in the future that the majority of the employees of said department shall sign a petition requesting to be so classified and file the same with the Secretary of the Board. Said department shall be deemed to be in the classified service from the date of the filing of said petition with the Secretary and all employees of said department shall automatically come under the provisions of this Act as if they had been originally in the classified service as provided herein.
(2) The Classified Service shall include all other public officers and employees in the employ of Fulton County now or hereafter employed, including deputies and employees in the office of the Clerk of the Superior Court, Sheriff, Tax Collectors, Tax Receiver, Ordinary, Treasurer, Civil Court of Fulton County, Criminal Court of Fulton County, Tax Assessors, Juvenile Court, Adult Probation Office, employees of the Sanitary Department, and others not placed in the unclassified service. After the effective date of this Act, all appointments, employments, removals, promotions, demotions, transfers, lay-offs, re-instatements, suspensions, leaves of absence without pay, and changes in grade or title in the classified service shall be made and permitted only as prescribed in this Act, and not otherwise.
Employees of the County Departments of Public Welfare and Health shall be included under the County Civil Service System as set up herein, provided the State Merit System Council for the Welfare and Health Departments shall examine the rules and regulations of the Fulton County system in so far as they are applicable to the County Departments of Public Welfare and Health and certify that such rules conform to the State Welfare and Health Departments' Merit System and the rules and regulations promulgated thereunder and provided further that said rules and regulations in so far as they affect the County Welfare and Health Departments shall be in conformity with the minimum standards of the Federal Social Security Act.
Provided further that the Board shall be authorized to enter cooperative agreements with other Federal, State, and municipal merit systems to permit use of registers and that the acquiring of status by individuals under any such system which has comparable standards to the one established herein shall, as a result of agreement, give status under this or such other system.
Section 6. STATUS OF INCUMBENTS:
Any person holding a permanent position in the classified service of Fulton County other than those already under separate civil service rules as herein defined on the effective date of this Act, and any person who as of January 1, 1943 had been an employee of Fulton County for at least six months immediately preceding the effec-

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tive date of this Act, shall continue to hold such position subject to the provisions of this Act and shall be deemed to be qualified for such employment and shall be entitled to receive a regular permanent appointment in accordance with the provisions of this Act provided that he shall file with the Civil Service Board within ninety (90) days after the effective date hereof a written certificate which shall include a complete history of his employment record on forms which shall be prescribed by the Board. Provided, however, that in the event the Fulton County Welfare Department and Health Department shall be covered under this system only those employees of the Welfare and Health Departments who, at the time of said covering under this system, have already received a permanent position under the State Merit System shall be entitled to a permanent position without further examination under the Fulton County system.
Any person entering the service of the United States and covered by the Soldiers and Sailors' Relief Act of Congress shall be conclusively presumed to have been on furlough or leave of absence during his period of service in the armed forces of the United States and shall be restored to his or her former or comparable position without loss of seniority, provided:
(a} He does not voluntarily extend his period of training and service beyond the expiration of his term during the present emergency.
(b) He is still physically and mentally qualified to perform the duties of such position.
(c) He makes application for re-employment within six months after his honorable discharge from the armed forces of the United States.
Provided further that all employees of Fulton County coming under the provision of the classified service who have entered the service of the United States Government as specified herein and who at the time of their entrance had been regular employees of Fulton County for a period of at least six months prior to entering said service, shall be deemed as regular employees coming under the classified service as provided in this Act and shall be entitled to all benefits provided hereby.
This provision shall not apply to employees who voluntarily re-enlist at the expiration of the present emergency.
Section 7. METHODS OF FILLING VACANCIES:
Vacancies in the classified service shall be filed either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The Secretary may advise with the appointing authorities as to which of these methods should be employed in each instance, but the decision shall rest with the appointing authority, provided, that temporary appointments may be made only in accordance with the provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical.
Section 8. CERTIFICATION AND APPOINTMENT.

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Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the Secretary a statement of the duties of the position and a request that the Secretary certify to him the names of persons eligible for appointment to the position. The Secretary shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the Secretary that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the Secretary deems to be appropriate for the class in which the position is established, the Secretary shall proceed to prepare such an eligible register as soon as possible after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the Secretary, after investigation, may with the approval of the Board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of not exceeding six months, but the Secretary and the appointing authority may extend such probationary period to one year, except in the case of employees of the County Departments of Public Welfare and Health whose probationary appointments shall in no event exceed six months. If during this probationary period, the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the Secretary shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment.
Section 9. TEMPORARY AND PROVISIONAL EMPLOY:VIENT:
Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the Secretary. If such nominee is found by the Secretary to have had experience and training which appears to qualify him for the position, he may be temporarily appointed to such vacancy but only until an appropriate eligible register can be established and an appointment made therefrom, provided that the Secretary with the approval of the Board may approve a provisional appointment 'to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from the eligible register. Successive temporary appointments for more than six months at a time shall not be made except with the approval of the Board, and then only in the interest of good service; provided, however, that no person shall be given a temporary or provisional appointment unless that person shall be found to have at

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least sufficient minimum qualifications to qualify to take the examination for the position to which he is provisionally appointed.
Section 10. EXAMINATIONS:
Each eligible register shall consist of a list of all persons who have shown that they possess the qualifications and have passed the tests which entitle them to be considered eligible for appointment to any position in the cla!!S for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or may be in the form of actual demonstration of fitness as the Secretary, with the approval of the Board, may determine. Such test shall be competitive, practical, free and open to all persons, citizens of Fulton County, who may be lawfully appointed to any position in the class (0 which they are held, with such limitations as to age, health, habits, character, and other qualifications as may be considered desirable and specified in the public an nouncement of the test. The Secretary shall establish or create examination committees from qualified persons to assist him in giving tests. Public notice of time, place, and general scope of every test shall be given.
Section 11. RATING AND ELIGIBILITY:
Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may. be prescribed. In rating these papers, no person shall willfully or corruptly make ~my false mark, grade, estimate or report on the examination or proper standing of any person examined under this Act, or willfully or corruptly make any false representation concerning the persons examined, or willfully or corruptly furnish to any one special or secret information for the p'urpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their names shall be placed on the proper register according to their attained ratings. The term of eligibility shall be one year, commencing with the date on which the name of eligible is entered on the register. This term may be extended in the discretion of the Secretary for all those on any register when conditions of good administration render it inexpedient to hold a new examination.
Section 12. PROMOTIONS:
Promotions of employees to positions having a different and higher classification covered by this Act shall be made only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the Secretary at the request of the appointing authority.
Section 13. RE-EMPLOYMENT:
( 1) Whenever any employee in the classified service, who has been performing his duties in a satisfactory manner as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty

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when a position is open, or has resigned in good standing and with the consent of the Secretary and the head of the department or other agency under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the Secretary shall cause the name of such employee to be placed on the reemployment list within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be in the order according to dates of applications for re-employment. No person shall be re-instated or have his name restored to a re-employment list unless such resignation is withdrawn within three years after it has been presented and accepted.
All employees under the classified service who may hereafter enter the service of the United States as specified herein shall upon being honorably discharged therefrom be eligible for re-employment under the classified service as provided in this Act and shall be restored to their former positions, provided, however, they file application with the Board within six months from date of such discharge.
This provision shall not apply to employees who voluntarily re-enlist in the service of the United States at the expiration of the present emergency.
(2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the Secretary in such form as may be prescribed by the Board a request that the Secretary certify to him the names of persons eligible for re-employment in the class in which the vacant position is established. The Secretary shall immediately certify to the appointing authority the names of persons on appropriate registers.
Section 14. TRANSFERS:
An appointing authority may, at any time, transfer any classified employee under his jurisdiction from one position to another in the same classification, provided that the Secretary has authorized the transfer of the employee from one department to another and has received approval from both appointing authorities concerned. In every such case the appointing authority shall give written notice of this action to the Secretary. No transfer shall be made to a competitive position in the classified service above the lowest grade, unless the appointing authority shall certify to the Secretary, who shall make proper investigation therewith, that the position involved cannot be adequately filled by promotion from the personnel in the respective department.

Section 15. DEMOTIONS:
An appointing authority may in accordance with the rules and regulations established by the Board, demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee and the Secretary have been notified in writing of such contemplated action. Any employee so demoted shall have the right to appeal his demotion to the Board. Th~ Board can then approve his demotion or re-instate him to his former position if, in its opinion, the demotion is not justified.

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Section 16. SUSPENSIONS:
An appointing authority may in accordance with the rules and regulations established by the Board, upon giving written notice to an employee and the Secretary, suspend for cause a classified employee for disciplinary purposes without pay for a period not to exceed thirty (30) days in any twelve months' period.
Section 17. LAY-OFF AND LEAVE OF ABSENCE WITHOUT PAY:
An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual condition or shortage or stoppage of work or funds. In every case of this kind, the appointing authority shall, before the effective date thereof, give writtrn notice of his contemplated action to the employee involved and to the Secretary. Any person who has been appointed to a position in the classified service, or who shall have attained a Civil Service status under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed six consecutive months may be granted to any employee without pay upon request of the employee when approved by the appointing authority.
Any leave of absence for a period in excess of six consecutive months as provided herein shall be obtained only with the approval of the Board.
Section 18. REMOVAL:
Any appointing authority may dismiss a subordinate in the classified service for cause, upon filing with the Board copy of written notice furnished the employee to be removed, setting forth in detail the reasons for such action, before the effective date of such removal. The dismissed employe shall have an opportunity to answer the charges in writing within ten (10) days, and to file with the Board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the appointing authority shall be final, except the Board may re-instate an officer or employee so removed in case it appears after proper hearing that the removal was made for personal, political, or religious reasons and not justified. The Board may, after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or re-employment of the employee involved either to the same position, if approved by the appointing authority, or to a lower position as the Board may direct. Provided, however, the Board within thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, reopen the case and vacate, modify or revise its former order so as to lessen, but not increase, the penalty imposed, but after the end of such thirty (30) days, the Board shall not have any authority to reopen such cases for any cause.
Section 19. APPEALS:
'Vhenever the Secretary refuses to examine an applicant or after examination to certify an eligible, as provided in this Act, then the Secretary, if requested by the

FRIDAY, FEBRUARY 19, 1943

719

person so effected, shall give to him a full and explicit statement of the exact cause for such refusal to examine or certify as the case may be. The person so rejected may ask for a review of the case by the Board, which shall be granted, and said Board by a majority vote, shall have power to render a final decision in writing to the person asking for the review. Such decision of the Board shall be binding on all concerned.
Section 20. POLITICAL ACTIVITY AND RECOMMENDATIONS:
In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendations for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in the case of former employees as to ability, shall be considered by the Board, the Secretary or the appointing authority, in giving any examination, appointment, promotion, or reinstatement under the Act.
Section 21. RESIDENCE:
Positions in the classified service shall be filled by citizens of Fulton County, who have been residents of Fulton County for at least two years immediately preceding the date of examination. In the discretion of the Board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of Fulton County cannot be obtained. Removal of residence outside of Fulton County shall be grounds for removal unless permission to remove residence is granted for just cause by the Board and approved by the County Commissioners.
Section 22. DISMISSAL FOR VIOLATION:
Any person in the classified service violating any provision of this Act may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the Board prior to said dismissal.
Section 23. PENALTIES:
Any person who shall willfully or corruptly violate any of the provisions of this Act shall be guilty of a misdemeanor, and shall on conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for re-employment, re-instatement, or re-appointment for a period of three years, from date of such conviction.
Section 24. OATHS:

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The Board and all employees in the classified service shall take the oath of office as prescribed by law for their respective positions. The Board and the Secretary are authorized to administer oaths.
Section 25. BONDS OF EMPLOYEES UNDER CLASSIFIED SERVICE:
( 1) Any employee under classified service who is employed in any department under the control and office of an elected officer who is or may be responsible for the acts of such employee as a deputy, may be required as a condition of his employment to give bond with good security in an amount satisfactory to the head of such department, conditioned to indemnify such officer or head against loss by reason of the conduct of such employee or deputy, or because of any error made by any employee or deputy in the performance of his or her duties as an employee or deputy. The premium of said bond shall be paid by the treasurer of Fulton County.
(2) Should the amount of bond required be deemed by the Board arbitrary, unreasonable or oppressive, an appeal shall lie to the Superior Court which shall have the authority to set the amount of such bond.
(3) The Board shall have the right in its discretion to require bonds of employees other than those specified in the preceding sections, where the duties of such employee make a bond necessary or desirable but this provision shall not forbid the County Commission or other authority coming under County Government to require any employee handling funds or performing duties of trust to post bonds.
Section 26. CONSTITUTIONALITY:
Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional.
Section 27. EFFECTIVE DATE:
This Act shall take effect June 1, 1943.
SECTION 28. GENERAL REPEAL:
All acts and parts of acts which are inconsistent with the provisions of 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
HB 380. By My Boynton ot Union:
A bill to be entitled an act to provide the minimum compensation for the

FRIDAY, FEBRUARY 19, 1943

721

county school superintendent in counties having a population between 7,680 and 7,695; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 398. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to require an advance deposit of $10.00 by the plaintiff in divorce cases filed in the superior courts in counties having a population between 24,230 and 24,430; and for other purposes.
The following substitute to HB 398 was read and adopted:
By Messrs. Smith and Roughton of Washington:
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 United States census of 1940 or any future census of not less than 24,230 and/or more than 24,430 persons.
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 in all counties of said state having a population according to the United States census of 1940 or any future census of not less than 24,230 and/or more than 24,430 persons the fees of the clerks of the superior courts and the sheriffs of said courts in all divorce cases filed in said county shall be paid in the following manner: That the party filing said petition for divorce or alimony shall make an advance deposit of ten ($10.00) dollars before said clerk shall be authorized to file said petition, and that the party filing said petition be required by the presiding judge of said courts to pay all of the balance accrued cost due in said divorce cases before the court would be authorized to sign the decree in said case.
Section 2. Be it further enacted by the authority aforesaid, that all 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
HB 473. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to repeal an act entitled an act to require the

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payment of fees of clerks and sheriffs of superior courts in divorce cases in the State of Georgia in counties having a population according to United States census of 1930, or any future census, of not less than 25,513 and/or not more than 25,713 persons; and for other purposes.
Tlte report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 477. By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: A bill to be entitled an act to amend the pensions act affecting cities having a population of 150,000 persons; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
HR 71-295A. By Messrs. Weaver, Barfield and Wilson of Bibb:
A resolution to relieve Pete Goddard from surety on the bond of Noah Grimes in the city court of Macon; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, the nays 0.
The resolution having received the requisite constitutional majority was adopted. HB 293. ByMr. Pirkle of Forsyth:
A bill to be entitled an act to provide for and fix the time of holding two regular terms a year of the superior court of Forsyth county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
. The bill having received the requisite constitutional majority was passed. HR 94-431. By Messrs. Durden and Smith of Dougherty:
A resolution authorizing the state librarian and/or the Governor to furnish law books to Dougherty county; and for other purposes.

FRIDAY, FEBRUARY 19, 1943

723

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 112, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
SB 55. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend section 24-3104 of the Code of Georgia of 1933, relating to compensation of court reporters in criminal cases; and for other purposes.
The following committee amendment was read and adopted:
The committee amends SB 55 by adding a new section before the repealing clause, to be numbered section 3 and to read as follows:
Section 3. This act shall remain in force and effect until s1x (6) months after the close of the present war, and no longer, at which time the same shall automatically expire and be of no force and effect.
The committee further amends the caption of said bill by adding before the \vords "and for other purposes" the words "to provide for the expiration of this act."
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 109, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 197. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to increase the fees of coroners in counties having a population between 86,000 and 88,000 persons; and for other purposes.
The report of the committee, which \Vas favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
H B 496. By Messrs. Whipple of Bleckley, DuPree of Pulaski, and Yawn of Dodge:
A bill to be entitled an act to regulate the payment in advance of cost in all divorce cases filed in the superior court in all counties having a population between 9,650 and 9,660 persons and all counties havnig a population between 21,010 and 21,030 and all counties having a population between 9,820 and 9,840; and for other purposes.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Durden of Dougherty moved that the House do now adjourn until Monday morning at 10:00 o'clock and the motion prevailed.
Leaves of absence were granted Messrs. Burton of Lee and Gilbert of Glynn.
The speaker announced the House adjourned until Monday morning at 10:00 o'clock.

MONDAY, FEBRUARY 22, 1943

725

Representative Hall, Atlanta, Georgia,
Monday, February 22, 1943.
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 a 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 Friday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House, to wit:
HB 303. By Mr. Gholson of Madison: A bill to fix the status of the Madison County Academy in the Danielsville school district of Madison county; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 284. By Mr. Woodruff of Barrow: A bill to amend an act establishi~g a new charter for the City of Winder; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 369. By Messrs. Etheridge and Kendrick and Mrs. Mankiri of Fulton:
A bill to authorize boards of education of cities or counties of a population in excess of 200,000 to establish and operate schools on a twenty-four-hour basis, and pay the cost thereof; and for other purposes.

HB 417. By Mr. Wright of Gilmer:
A bill relating to the creation of a board of commissioners of roads and revenues for Gilmer county; and for other purposes.

HB 418. By Mr. Wright of Gilmer:
A bill to create certain offices for the County'of Gilmer; and for other purposes.

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:

SB 155. By Senator Kennedy of the 2nd:
A bill to incorporate the Town of Collins in Tattnall county; and for other purposes.

SB 158. By Senator Kennedy of the 2nd:
A bill to abolish the charter of the City of Collins in Tattnall county; and for other purposes.
SB 161. By Senator Dean of the 34th: A bill to abolish the office of tax recetver for Rockdale county; and for other purposes.
SB 162. By Senator Dean of the 34th:
A bill to abolish the office of tax collector for Rockdale county; and for other purposes.
SB 163. By Senator Dean of the 34th: A bill to create the office of tax commissioner of Rockdale county; and for other purposes.
The following resolution of the House was read and referred to the Committee on Rules:

MONDAY, FEBRUARY 22, 1943

727

HR 124. By Mr. Durden of Dougherty:

A RESOLUTION.
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business beginning immediately after the period of unanimous consents of today's session, to wit:
HB 136. Relating to public health. HB 137. Relating to public health. HB 138. Relating to public health. HB 139. Authorizing the board of health to acquire laboratories, etc. HB 140. Authorizing board of health to destroy records. HB 148. Death punishment for burglary in certain cases. HB 254. Limitations on suits to recover wages. SB 108. Assignment of accounts receivable. HB 236. Fertilizer inspection. HB 243. Commercial fertilizer. HB 296. Relating to the killing of carrier pigeons. HB 425. Regulating the sale of seed. HB 455. Joint control of trust fund. HB 20. Relating to the Governor's borrowing power. SR 13. Teachers retirement. SR 32. Providing for meetings of the General Assembly. SB 66. Par value of banking stock. HB 419. Relating to homestead exemption. HB 165. Scholarship for country doctors. HB 459. Public health. HB 339. Disqualification of judges. HR 101. Payment of rent. HB 521. Amortization plan for income taxes. HB 494. Constitutional amendment in reference to voting stock of subsidiary
corporations.

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By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time and referred to committees:
HB 529. By Mr. Wells of Ben Hill:
A bill to be entitled an act to provide that a member of the board of commissioners of Ben Hill county may be named special road supervisor, and to fix his salary; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 530. By Mr. Wells of Ben Hill:
A bill to be entitled an act to authorize the county depository of Ben Hill county to cash warrants of the county and charge interest on the amount paid; and for other purposes. Referred to Committee on Counties and County Matters.
HB 531. By Mr. Greene of Jones: A bill to be entitled an act to provide that the judge imposing misdemeanor sentences may entertain motions for parole at any time; and for other purposes. Referred to Committee on General Judiciary No. l.
HB 532. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to repeal an act approved February 18, 1943, creating a board of commissioners of roads and revenues for Forsyth county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 533. By Messrs. Hooks and Rountree of Emanuel:
A bill to be entitled an act to abolish the offices of tax receiver and tax collector and create the office of tax commissioner of Emanuel county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 534. By Mr. Bynum of Rabun: A bill to be entitled an act to provide for a referendum on the question of abolishing the city court of Rabun county; and for other purposes.
Referred to Committee on Special Judiciary.
HB 535. By Mr. Hubert of DeKalb: A bill to be entitled an act to provide that justices of the peace shall lay

MONDAY, FEBRUARY 22, 1943

729

their dockets before grand juries only on the first day of the first term of superior court in each calendar year; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 536. By Mr. Crummey of Wilcox:
A bill to be entitled an act to amend the charter of the City of Abbeville to provide how candidates for office shall qualify; to provide for abatement of nuisances; to authorize the marshal of Abbeville to place the purchaser of property under tax deed in possession; and for other purposes.
Referred to Committee on Municipal Government.
HB 537. By Mr. Woodruff of Barrow:
A bill to be entitled an act to amend the charter of the City of Winder to provide members of the board of education can have business dealings with the City of Winder; and for other purposes.
Referred to Committee on Municipal Government.
HB 538. By Mrs. Guerry of Macon:
A bill to be entitled an act to abolish the office of county treasurer of Macon county and designate a county depository; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 539. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to provide that the county comm1ss1oners of either Fulton or DeKalb county may acquire by purchase or condemnation lands for public parks, and for other purposes.
Referred to Committee on Historical Research.
HB 540. By Mr. Crummey of Wilcox:
A bill to be entitled an act to amend the charter of the City of Rochelle to provide the city may assess property in rem; to authorize the marshal to place the purchaser of a tax deed in possession of property; and for: other purposes.
Referred to Committee on Municipal Government.
HB 541. By Mr. Reynolds of Clayton:
A bill to be entitled an act to provide that the polls in Clayton county shall remain open from 7:00 o'clock a. m. to 6:00 o'clock p. m. in county-wide elections; and for other purposes.
Referred to Committee on Privileges and Elections.

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JOURNAL OF THE HOUSE,

HB 542. By Mr. Hightower of Spalding:
A bill to be entitled an act to provide that permits to slaughter cows, hogs, goats and sheep shall be obtained from the ordinary before slaughtering the same; and for other purposes.
Referred to Committee on General Agriculture No. 2.
HB 543. By Mr. Kendrick of Fulton:
A bill to be entitled an act to provide that all state-owned textbooks shall be printed or manufactured within the State of Georgia provided the quality, price, service and workmanship be equal to work obtained outside the state; and for other purposes.
Referred to Committee on Education No. 2.
HB 544. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the Town of Palmetto to provide that the electric and steam plant, distribution lines, cannot be sold except upon the assent of two-thirds of the qualified voters ; and for other purposes.
Referred to Committee on Municipal Government.
HB 545. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Palmetto giving the mayor and council authority to fix the salaries of officers and employees of said town; and for other purposes.
Referred to Committee on Municipal Government.
HR 125-545A. By Mr. Parker of Walton.
A resolution authorizing the state librarian to furnish certain law reports to the clerk of the superior court of Walton county; and .for other purposes.
Referred to Committee on Public Library.
HR 126-545B. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A resolution proposing an amendment to article 7, section 7, paragraph l, of the Constitution, to authorize Fulton county to make temporary loans between January lst and December 31st in each year; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HB 546. By Mr. Dorsey of Cobb:
A bill to be entitled an act to authorize the commissioner and advisory

MONDAY, FEBRUARY 22, 1943

731

board of Cobb county to fix the salary of thee county treasurer; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 547. By Messrs. Mixon of Irwin, Harris and Nicholson of Richmond, Connell of Lowndes, Durden of Dougherty, and McCracken of Jefferson:
A bill to be entitled an act to amend section 49-203 of the Code of 1933 to provide if a foreign guardian the judge of superior court in the county in which all or any part of the property is situated may authorize the sale of property; to amend section 49-204 relating to service where persor;tal service is impossible on notice of sale; to amend section 49-410 providing that a committee of the property of an incompetent person who is a non-resident is authorized to sell and convey property of his ward; and for other purposes.
Referred to Committee on General Judiciary No. 1.
HB 548. By Messrs. Gilbert and Gowen of Glynn:
A bill to be entitled an act to provide if the proposed amendment to the constitution abolishing justices' courts in Glynn county is adopted, the method for handling cases by the city court of Brunswick of cases formerly handled in justices' court; and for other purposes.
Referred to Committee on Special Judiciary.
HB 549. By Mr. Adams of Wheeler:
A bill to be entitled an act proposing an amendment to article 7, section 7, paragraph 1, of the Constitution to authorize the Town of Glenwood to incur a bonded indebtedness to retire bonds due and unpaid as of July 1, 1943 ; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HB 550. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to reduce the bond of the sheriff of Washington county from $10,000.00 to $5,000.00; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 551. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the pension act covering Fulton county employees to provide a pension to Mrs. Charles E. Lyle, widow of a veteran county employee; and for other purposes.
Referred to Committee on Counties and County Matters.

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JOURNAL OF THE HOUSE,

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House, to wit:
HB 58. HB 73. HB 123. HB 247. HB 249. HB 264. HB 273. HB 274. HB 282. HB 287. HB 289. HB 290. HB 295. HB 298. HB 299. HB 304. HB 314. HB 315. HB 316. HB 321. HB 326. HB 328. HB 349. HB 354. HB 355.

MONDAY, FEBRUARY 22, 1943

733

HB 359. HB 360. HB 364. HB 372. HB 374. HB 375. HB 376. HB 386. HB 395. HB 399. HB 400. HB 404. HB 417. HB 418.

Respectfully submitted,
Johnson of Chattahoochee, Chairman.

By unanimous consent, the following bills of the Senate were read the first time, and referred to the committees:
SB 155. By Senator Kennedy of the 2nd district:
A bill to be entitled an act to incorporate the City of Collins, in the County of Tattnall, State of Georgia, define its limits, to provide for mayor and councilmen and other officers, and the manner of their election; and for other purposes.
Referred to Committee on Municipal Government.
SB 158. By Senator Kennedy of the 2nd district:
A bill to be entitled an act to abolish the charter of the City of Collins, in Tattnall county, Georgia, incorporating the City of Collins; and for other purposes.
Referred to Committee on Municipal Government.
SB 161. By Senator Dean of the 34th district: A bill to be entitled an act to abolish the office of tax receiver for Rockdale

734

JOURNAL OF THE HOUSE,

County; and for other purposes. Referred to Committee on Counties and County Matters.
SB 162. By Senator Dean of the 34th district: A bill to be entitled an act to abolish the office of tax collector for Rockdale County; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 163. By Senator Dean of the 34th district: A bill to be entitled an act to create the office of tax commissioner of Rockdale County, to fix the term of said office; to appoint a tax commissioner; to provide for the election of a successor; and for other purposes. Referred to Committee on Counties and County Matters.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 173. By Messrs. Bennett and Bates of Ware: A bill to be entitled an act to amend the charter of the City of Waycross; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 448. By Messrs. Grayson, Alexander and MeNall of Chatham: A bill to be entitled an act to amend the act incorporating the mayor and councilmen of Tybee, Savannah Beach; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 472. By Messrs. Welsch and Dorsey of Cobb: A bill to be entitled an act to amend an act approved August 15, 1904, (acts 1904 p. 519) providing a new charter for 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.

MONDAY, FEBRUARY 22, 1943

735

On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 478. By Mr. Thigpen oJ Glascock:
A bill to be entitled an act to amend the charter of the Town of Gibson and to reincorporate said town and change the name to the City of Gibson; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 481. By Mr. Durden of Dougherty: A bill to be entitled an act to amend the charter of the City of Albany so as to provide and empower the City of Albany to use and operate for profit a transportation system; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 484. By Mr. Porter of Gordon: A bill to be entitled an act to amend the charter of the Town of Sugar Valley in the County of Gordon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 485. By Messrs. Mabry and Jennings of Sumter: A bill to be entitled an act to amend the charter of the Town of Leslie approved August 21, 1911, by enlarging the duties of the tax assessors; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.

736

JOURNAL OF THE HOUSE,

HB 486. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Hapeville, in 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 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 489. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend an act approved February 6, 1873, appearing on pp. 219, et seq. of the published acts of the General Assembly of 1873, captioned "an act to establish a county board of commissioners for the County of Bibb"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 490. By Messrs. Weaver, Barfield and Wilson of Bibb:
A bill to be entitled an act to amend an act approved August 3, 1927, entitled "an act to re-enact the charter of the City of Macon; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 491. By Mr. Howard of Long: A bill to be entitled an act to amend an act creating the board of commissionners of roads and revenues of Long county, Georgia, (Ga. Laws 1921, pp. 525-534) and acts amendatory thereof, so as to provide for commissioners of roads and revenues; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0. The bill having received the requisite constitutional majority was passed.

MONDAY, FEBRUARY 22, 1943

737

HB 493. By Messrs. MeN all and Alexander of Chatham:
A bill to be entitled an act to amend the several acts relating to and incorporating the mayor and aldermen of the City of Savannah, so as to provide for the extension of the corporate limits of the 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 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 495. By Mr. Boynton of Union:
A bill to be entitled an act to amend the charter of the City of Blairsville; and for other purposes:
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 497. By Mr. Williams of Coffee: A bill to be entitled an act to amend the charter of the City of Douglas; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 500. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to abolish the civil service commission 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 115, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 501. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to create and establish a civil service commission for the City of Augusta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

738

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 502. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to amend the charter of the city council of Augusta to provide for the recall to duty of any employee who may have retired under the various pension acts; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 507. By Mr. Norman of Henry:
A bill to be entitled an act to abolish 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, the ayes were 118, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 510. By Mr. Mims of Miller:
A bill to be entitled an act to amend an act approved August 22, 1905 (Ga. Laws 1905, pp. 569-572) creating a board of commissioners of roads and revenues of the County of Miller; and for other purposes.
The following amendment was read and adopted:
Mr. Mims of Miller moves to amend HB 510 as follows by inserting after the word vote in the last line of page 1 the following words "except in case of a
tie vote, and by inserting after the word county in line 14 of section 5 the following
words, except in case case of a tie vote.
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 118, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 511. By Mr. Mims of Miller: A bill to be entitled an act to amend the act establishing the city court of Miller county by putting the solicitor of said court on salary; and for other purposes.

MONDAY, FEBRUARY 22, 1943

739

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 512. By Mr. Mims of Miller:
A bill to be entitled an act to amend the charter of the City of Colquitt, in the County of Miller; and for other purposes.
The following amendment was read and adopted:
Mr. Mims of Miller moves to amend HB 512 by striking from section 5 the
following words: "Section 4. The corporate limits of said City of Colquitt be and the same are hereby fixed as follows: Beginning at a point one mile from the center of the Miller county courthouse square and inscribing a circle, which makes said limits of said city one mile in every direction from the center of the county courthouse square," and substituting in lieu thereof the following words to wit: "Section 4. The corporate limits of the said City of Colquitt be and the same are hereby fixed as follows: One thousand two hundred and fifty yards due north from the center of the county courthouse square, thence a straight line east and west, and on the east at a point 150 yards east of the east side of the right-of-way of the G. F. & A. Railroad, on the south to the first fresh water drain, and on the west to the east side of Spring creek and to the foot of the east end of the county bridge across said Spring creek."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 121, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 519. By Messrs. Grayson, MeN all and Alexander of Chatham:
A bill to be entitled an act to amend the charter of the mayor and aldermen of the City of Savannah; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having met and had under consideration a resolution

740

JOURNAL OF THE HOUSE,

establishing a special and continuing order of business, recommends that the same do pass.
Respectfully submitted,
Durden of Dougherty, Vice-Chairman.

HR 124. By Mr. Durden of Dougherty:

A RESOLUTION.
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business beginning immediately after the period of unanimous consents at today's session, to wit:
HB 136. Relating to public health.
HB 137. Relating to public health.
HB 138. Relating to public health. HB 139. Authorizing the board of health to acquire laboratories, etc. HB 140. Authorizing board of health to destroy records. HB 148. Death punishment for burglary in certain cases. HB 254. Limitations on suits to recover wages. HB 108. Assignment of accounts receivable. HB 230. Fertilizer inspection. HB 243. Commercial fertilizer. HB 2%. Relating to the killing of carrier pigeons. HB 425. Regulating the sale of seed. HB 455. Joint control of trust fund. SB 20. Relating to the Governor's borrowing power. SR 13. Teachers retirement. SR 32. Providing for meetings of the General Assembly. SB 66. Par value of banking stock. HB 419. Relating to homestead exemption. HB 165. Scholarship for country doctors. HB 459. Public health.

MONDAY, FEBRUARY 22, 1943

741

HB 389. Disqualification of judges.
HR 101. Payment of rent.
HB 521. Amortization plan for income taxes.
HB 495 Constitutional amendment in reference to voting stock of subsidiary corporations.
By unanimous consent, HR 124 was adopted.
Under the special and continuing order of business established in HR 124 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 136. By Mr. Looper of Dawson:
A bill to be entitled an act to prevent syphilis in unborn children; to require every physician attending or every other person permitted by law to attend pregnant women to take or cause to be taken a specimen of blood of such pregnant women for submission to approved laboratory for a standard test for syphilis; and for other purposes.
The following amendments were read and adopted:
Mr. Sills of Candler moves to amend H B 136 by adding at the end of section 2 of said section the words "provided no doctor or person taking such test shall charge more than one dollar ($1.00) therefor.
Messrs. Williams of Harris, Caldwell of Troup, Strickland of Haralson, and Burnside of McDuffie move to amend HB 136 as follows: By adding after the word "physician and inserting before the word "attending", in the caption of said act, the following:
" (and the word "physician", wherever need in this act, shall be construed to embrace and include those persons licensed to practice under the osteopathic laws of this state.)"
So that, when amended, said caption will read as follows:
"An act to prevent syphilis in the unborn child; to require every physician (and the word "physician", wherever used in this act, shall be construed to embrace and include those persons licensed to practice under the osteopathic laws of this state) attending or every other person permitted by law to attend pregnant women to take or cause to be taken a specimen of blood of such pregnant women for submission to an approved laboratory for a standard serologic test for syphilis; to define standard serologic test and approved laboratory; to require birth certificates to show date when standard serologic test was made, and if no such test, reason shall be recorded on birth certificate; to provide for penalties for violations of this act; to declare this act to be effective as of July 1, 1943 ; and for other purposes.

742

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 108, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 137. By Mr. Looper of Dawson:
A bill to be entitled an act to penalize any person who shall receive another into any house, place, building, tourist camp or other structure, or conveyance for the purpose of prostitution, lewdness, or assignation; and for other purposes.
The following committee substitute was read and adopted:
A BILL
To be Entitled an Act to penalize any person who shall receive another into any house, place, building, tourist camp or other structure, or conveyance for the purpose of prostitution, or assignation, or who shall knowingly 0\Vn, lease, or rent any such place, premise, or conveyance for said purpose; who shall engage in prostitution or who shall remain in or enter any house, place, building, tourist camp or other structure, or conveyance for said purpose ; who shall cause or persuade any female to become a prostitute or to come into or leave this state for purpose of prostitution, or who shall receive or give any money or thing of value to procure a female to become a prostitute, or who shall knowingly accept or appropriate any money or thing of value without consideration from a prostitute, and who shall violate this Act; and to make such leases void, to define the terms, "tourist camp", "prostitution", and "assignation" to admit in evidence in support of a charge under this act the reputation of any such place, or premise, and of any person who resides or frequents same and of defendant; 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 any person who shall receive or offer or agree to receive another into any house, place, building, tourist camp, or other structure, or vehicle, trailer, or other conveyance for the purpose of prostitution, or assignation, or to permit any person to remain there for such purpose; or who shall knowingly own any place, house, tourist camp, other structure, or part thereof, or trailer or other conveyance used for the purpose of prostitution, or assignation, or who shall let, sublet, or rent any such place, premises, or conveyance to another with knowledge or good reason to know of the intention of the leasee or rentee to use such place, premises, or conveyance for prostitution, or who shall engage in prostitution, or assignation; or who shall reside in, enter, or remain in any house, place, building, tourist camp, or

MONDAY, FEBRUARY 22, 1943

743

other structure, or enter or remain in any vehicle, trailer, or other conveyance for the purpose of prostitution, or assignation; or who shall aid, abet, or participate in the doing of any of the acts herein prohibited, shall, upon conviction of the first offense and/or second offense under this Act, be punished as for a misdemeanor, and upon conviction for any subsequent offense under this Act shall be punished as for a felony and by imprisonment for not less than one year nor more than three years.
Section 2. That any person who shall cause, induce, pc:rsuade, encourage, or procure by promise, threat, violence, or by any scheme or device, a female to become a prostitute or to become or remain an inmate df a house of prostitution; or who shall induce, persuade, or encourage a female to come into or leave this State for the purpose of prostitution, or to become an inmate in a house of prostitution; or who shall receive or give, or agree to receive or give any money or thing of value for procuring, or attempting to procure any female to become a prostitute or an inmate for a house of prostitution; or who shall knowingly accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman engaged in prostitution; or who shall aid, abet, or participate in the doing of any acts herein prohibited, shall, upon conviction for the first offense under this Act, be punished as for a misdemeanor, and upon conviction for any subsequent offense under this Act shall be punished as for a felony by imprisonment in the penitentiary for a period of not less than one year nor ~ore than three years.
Section 3. That all leases and agreements, for letting, subletting, or renting any house, place, building, tourist camp, or other structure, for the purpose of prostitution, or assignation, shall be void. The term "tourist camp" shall be construed to include any temporary or permanent building, tents, cabins, or structures, or trailers, or other vehicles which are maintained, offered, or used for dwelling or sleeping quarters for pay. The term "prostitution" as used in this Act shall be construed to include the offering or giving of the body for sexual intercourse, sex perversion, obscenity and/or lewdness for hire. That the term "assignation" shall be construed to include the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement.
Section 4. That in the trial of any person, charged with a violation of any of the provisions of this Act, testimony concerning the reputation or character of any house, place, building, tourist camp, or other structure, and of the person or persons who reside in or frequent same, and of the defendant or defendants, shall be admissible in evidence in support of a charge under this Act.
Section 5. That the declaration by the courts of any provision of this Act as in violation of the Constitution shall not invalidate remaining provisions thereof.
Section 6. That all laws or parts of law, inconsistent with 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, by substitute, was agreed to.

744

JOURNAL OF THE HOUSE,

On the passage of the bill, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were:

Allison Alwood Battles Bentley Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Bynum Caldwell Cannon Cates Cheshire Crummey Curry Dallis Dalton Daves Deal Dorsey DuPree Durden Dyal Easler Elliott Etheridge Ferguson Fisher Fortson Gardner Gask:ins Gaston Gholston Goldberg Graham

Gray Green of Schley Guerry Guyton Hagan Hardy Hart of Thomas Hartness Hatchett Herndon Hill of Troup Horne Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johnson of Pik:e Jones Kelly of Thomas Kendrick: Key Looper Mabry Mank:in Martin Mason McCamy McEntire Mcintosh Medders Minchew Mitchell Mixon Moate Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Norman

Ogburn Overby Padgett Park: Park:er Peck: Pettit Pirk:le Price Ray Reid Reynolds Riley Russell Salter Sheppard Smiley Smith of Carroll Smith of Dougherty Smith of Oglethorpe Smith of Washington Spark:s Strick:land Sumner Thrash Thurmond Waller Weaver Welch Wells of Ben Hill Wells of Telfair Wilbank:s of Cherok:ee Williams of Coffee Williams of Gwinnett Williams of Harris Woodruff Wright Yawn

Those voting in the negative were:

Alexander Bak:er

Bargeron Campbell of Polk:

Culpepper Foster

MONDAY, FEBRUARY 22, 1943

745

Fussell Gavin Gowen Hart of Quitman Heard Hefner

Hicks Hightower Johns Kelly of Walker Littlejohn Livingston

Mavity Mills Mims Pruitt Thigpen Wilson

Those not voting were:

Adams Anderson Bates Barfield Bennett Boone Burton Campbell of Newton Chance Clark Connell Copland Cowart Dorsett Drake Dukes Dunn Edwards Ennis Foster Fussell Gavin Giddens

Gilbert Gillis Gowen Grayson Greene of Jones Hand Harden Hill of Clarke Hogg Holley Hooks Howard Johnston Knabb Malone .Maund McCracken Miller Moore of Taliaferro Odom Oliver Pannell

Phillips Porter Powell Rees Riddlespurger Roper Rossee Roughton Rountree Rowland Sharpe Sills Smith of Muscogee Swint Thomas Thompson Turner Warnock Whipple Wilbanks of Habersham Willoughby Mr. Speaker

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

On the passage of the bill, by substitute, the ayes were 176, the nays 24

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

HB 138. By Messrs. Deal of Bulloch, Allison of Gwinnett, Rossee of Putnam, and Sumner of Worth.
A bill to be entitled an act to regulate and license maternity homes; and for other purposes.

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

746

JOURNAL OF THE HOUSE,

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Allison Alwood Branch Bridges Broome Brunson Caldwell Cheshire Daves Deal Etheridge Fortson Gaston Gholston

Gowen Graham Guerry Hatchett Hill of Clarke .Hubert Kendrick Key Looper Mankin Martin McCracken Mitchell Moore of Baldwin

Nicholson of Richmond Park Peck Pettit Price Ray Salter Sheppard Sumner Williams of Coffee Williams of Gwinnett Woodruff

Those voting in the negative were:

Alexander Baker Battles Bargeron Bowen Boynton Brewton Burnside Burton Bynum Campbell of Polk Cannon Cates Clark Connell Culpepper Dalton Dorsey Dunn DuPree Dyal Easler Edwards Elliott Fisher Foster Fussell

Gaskins Gavin Goldberg Guyton Hagan Greene of Schley Hart of Thomas Heard Hefner Herndon Hicks Hightower Hill of Troup Hogg Hooks Hurst Joiner Johns Johnson of Pike Jones Kelly of Thomas Kelly of Walker Littlejohn Livingston Mabry Malone Mavity

McEntire Mcintosh McNall Medders Miller Mills Mims Minchcew Mixon Moate Nicholson of Oconee Norman Overby Pannell Parker Pirkle Powell Pruitt Reid Reynolds Roughton Rowland Smith of Carroll Smith of Dougherty Smith of Oglethorpe Smith of Washington Sparks

MONDAY, FEBRUARY 22, 1943

747

Strickland Swint Warnock

Weaver Williams of Harris

Wilson Yawn

Those not voting were:

Adams Anderson Bates Barfield Bennett Bentley Boone Campbell of Newton Chance Copland Cowart Crummey Curry Dallis Dorsett Drake Dukes Durden Ennis Ferguson Gardner Giddens Gilbert Gillis Gray Grayson

Greene of Jones

Riley

Hand

Roper

Harden

Rossee

Hardy

Rountree

Hart of Quitman

Rowland

Hartness

Sharpe

Holley

Sills

Horne

Smiley

Howard

Smith of M uscogee

Jennings of Sumter

Thigpen

Jennings of Terrell

Thomas

Johnson of Chattahoochee Thompson

Johnston

Thrash

Knabb

Thurmond

Mason

Turner

Maund

Waller

Moore of Taliaferro

Welsch

Odom

Wells of Ben Hill

Ogburn

Wells of Telfair

Oliver

Whipple

Padgett

Wilbanks of Cherokee

Phillips

Wilbanks of Habersham

Porter

Willoughby

Rees

Wright

Riddlespurger

Mr. Speaker

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

On the passage of the bill, the ayes were 40, the nays 88.

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

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill !}f the Senate to wit:

SB 141. By Senator Harrison of the 17th:
A bill to provide for homesteads exempt from certain taxation; to fix the amount of said exemption; to determine eligibility; and for other purposes.

748

JOURNAL OF THE HOUSE,

Under the special and continuing order of business established by HR 124 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 139. By Messrs. Daves of Dooly, Allison of Gwinnett, Rossee of Putnam, Deal of Bulloch, and Sumner of Worth:
A bill to be entitled an act to authorize the board of health of the State of Georgia to acquire such laboratories, hospitals, or other property, real or personal, by gift, purchase or otherwise as is necessary to carry out the public health program 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 106, the nays 2.
The bill having received the requisite constitutional majority was passed.
HB 140. By Messrs. Daves of Dooley, Allison of Gwinnett, Rossee of Putnam, Deal of Bulloch, and Sumner of Worth:
A bill to be entitled an Act to authorize the department of public health to destroy certain records; and for other purposes.
The following committee substitute was read:
A bill to be entitled an Act to authorize the destruction of records of the various Departments of State upon a finding by the Secretary of State and the State Librarian, approved by the Governor, that such records have no historic value, are obsolete, and will serve no other useful purpose; to make photostat copies of certain public records prima facie evidence; and for other purposes.
Section 1. Be it enacted by the authority of the General Assembly of Georgia, and it is enacted by authority of the same that the Governor be, and he is, authorized to order the destruction of records of any Department of State, but before any such records shall be destroyed under this authority, the officer charged by law with. the custody of the same shall list and describe the said records and shall certify to the Secretary of State that the records sought to be destroyed are without historic value, are obsolete, are expensive to store and will serve no further useful purpose. Should the Secretary of State and the State Librarian, after examination into the matter. concur with such custodian of such records, then they may jointly certify to the Governor that said records ought to be destroyed. Should the Governor concur in the findings of such official custodian of such records and in the findings of the Secretary of State and the State Librarian he may, in his discretion, order the same destroyed.
Section 2. Be it further enacted by the authority aforesaid that any head of the Department of State charged by law with the custody of any such records may

MONDAY, FEBRUARY 22, 1943

749

destroy the same upon his own responsibility, provided he first causes microfilms of the same to he made, capable of development into photostatic copies, and such photostatic copies shall he received in any court of this state as primary evidence of the recitals contained therein.
Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and they are hereby repealed.
The following amendments to the substitute were read and adopted:
Mr. Porter of Gordon moves to amend the committee substitute for HB 140 in the following particulars: By striking the words "prima facie" appearing in the caption and inserting in lieu thereof the word "primary".
Mr. Pannell of Murray moves to amend the committee substitute for HB 140 as follows: To add at the end of section one of said hill the following words: "Provided, no records shall he so destroyed which are not at least seven years old."

To add at the end of Section 2 the words; "Provided, no records shall he so destroyed which are not at least seven years old."
By unanimous consent the substitute as amended was adopted.
The report of the committee, which was favorable to the passage of the hill, by substitute, was agreed to, as amended.
On the passage of the hill, by substitute as amended, the ayes were 107, the nays 5.
The hill having received the requisite constitutional majority was passed, by substitute as amended.
Mr. Durden of Dougherty moved that the House recess until 2:00 p. m. and the motion prevailed.

2:00P.M.

The speaker called the House to order.

The following message was received from His Excellency the Governor through the Honorable M. E. Thompson, executive secretary:

Ellis Arnall Governor

State of Georgia Executive Department
Atlanta

M. E. Thompson Executive Secretary

February 22, 1943.

TO THE GENERAL ASSEMBLY OF GEORGIA:

Senate Bill No. 73 was transmitted to the Executive Department on the 19th day of February, 1943, after duly passing the House and Senate.



750

JOURNAL OF THE HOUSE,

This Bill relates to the payment of fees to Sheriffs in cases made by or under the Highway Patrol Act and contains the same provisions as those contained in House Bill No. 177 which was approved by me on February 19, 1943.
Since the provisions contained in Senate Bill No. 73 have already been enacted and approved by me, I am returning to you herewith Senate Bill No. 73 which I have vetoed this 22nd day of February, 1943.
Respectfully submitted,
Ellis Arnall, Governor.

Under the special and continuing order of business established by HR 124 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 148. By Mr. Campbell of Newton:
A bill to be entitled an act to repeal section 34-1401 of the code of 1933 and to substitute a new section so as to provide the death penalty for burglarizing an occupied dwelling; and for other purposes.
Mr. Campbell of Newton asked unanimous consent that further consideration of HB 148 be postponed until Tuesday, February 23, 1943 and the consent was granted.
HB 254. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend section 3-704 of the 1933 code so as to limit the time in which suits for recovery of damages, wages or overtime may be brought; and for other purposes.
Mr. Key of Jasper moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 108. By Senators Arnold of the 26th and Estes of the 35th districts:
A bill to be entitled an act to amend section 85-1803 of the 1933 code which relates to the assignment of accounts receivable; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.


MONDAY, FEBRUARY 22, 1943

751

HB 236. By Messrs. Jennings and Mabry of Sumter, Hefner of Pickens, Hogg of Marion, Jennings of Terrell, Curry of Randolph, Fussell of Webster, and Overby of Stewart:
A bill to be entitled an act to amend section 5-1001 of the 1933 Georgia code as amended by an act of the General Assembly approved February 12, 1938 (Ga. laws 1937-38 Ex. Sess. pp. 205, 208) relating to fertilizer inspectors; and for other purposes.
The following substitute to HB 236 was read and adopted:
By Messrs. Mabry, and Jennings of Sumter:
A BILL
To be entitled an Act to amend Section 5-1001 of the 1933 Georgia code as amended by an Act of the General Assembly approved February 12, 1938 (Ga. laws 1937-38 Ex. Sess. pp. 205-208) relating to Fertilizer Inspectors, how employed, their duties and compensation, etc., by striking said section in its entirety and substituting in lieu thereof a new section so as to provide the number of inspectors necessary, how employed, their duties and compensation; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Section 5-1001 of the 1933 Georgia Code as amended by an Act of the General Assembly approved February 12, 1938 (Ga. laws 1937-38 Ex. Sess. pp. 205, 208) be and the same is hereby amended by striking all said Section and substituting in lieu thereof a new secti~n, so that when section 5-1001 of the 1933 code of Georgia is so amended it will read as follows:
"The Commissioner of Agriculture shall employ not exceeding ten general full time inspectors, such inspectors being subject at all times to his direction. These inspectors shall receive a salary of $1500 per year, payable $125 per month. The Commissioner shall also have authority to employ such additional inspectors during the busy season, not to exceed 40 in one year, as in his judgment may be necessary, the term of such service not to exceed four months during any one year. Such short term inspectors shall receive $125 per month for each month of their service and both special inspectors and the general full time inspectors shall be paid actual transportation expenses and hotel bills incurred by him when absent from his home on duty for the State at the direction of the Commissioner of Agriculture. It shall be the duty of such inspectors to inspect all fertilizers, acid phosphates, chemicals, cottonseed meal or other fertilizer material that may be found at any point within the limits of the State, and shall see that all fertilizers and fertilizer materials are properly tagged; they shall inspect weights and measures, food and feed, and oils when directed to do so, and perform such other duties as may be assigned by the Commissioner of Agriculture."
Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

752

JOURNAL OF THE HOUSE,

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 1.
The bill having received the requisite constitutional majority was passed, by substitute.
H B 243. By Messrs. Yawn of Dodge, Fisher of Jeff Davis, and Williams of Coffee: A bill to be entitled an act to amend the fertilizer inspection law which imposes certain penalties by providing new and additional penalties; and for other purposes.
Mr. Yawn of Dodge moved that further consideration of HB 243 be postponed until tomorrow, Tuesday, February 23, 1943.
On the motion to postpone HB 243, the ayes were 103, the nays 0.
The motion prevailed and further consideration of HB 243 was postponed until Tuesday, February 23, 1943.
HB 296. By Messrs. Weaver of Bibb and Key of Jasper: A bill to be entitled an act to make it unlawful to kill or injure racing, homing or carrier pigeons; and for other purposes.
The following amendment to HB.296 was read and adopted:
Messrs. Weaver of Bibb and Key of Jasper move to amend HB 296 by inserting the word "knowingly" in Section 1 immediately after the words "any person" and before the words "to kill."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended. HB 425. By Mr. Woodruff of Barrow:
A bill to be entitled an act to regulate the labeling and sale of agricultural, vegetable and certain forest tree seeds; and for other purposes.
Mr. Hatchett of Meriwether moved that HB 425 be tabled. On the motion to table HB 425 the ayes were 84, the nays 24. The motion prevailed and HB 425 was tabled.

MONDAY, FEBRUARY 22, 1943

753

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate concurs in the House amendment to the following bill of the Senate to wit:

SB 120. By Senator Millican of the 52nd:
A bill to amend an act approved March 16, 1939 (Ga. laws 1939, page 278), entitled "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; and for other purposes.
Under the special and continuing order of business established by HR 124 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

HB 455. By Messrs. Harris of Richmond and Durden of Dougherty:
A bill to be entitled an act to legalize joint control of agreements as to trust funds ; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 20.

By Senators Simmons of the 8th, Harrison of the 17th, Gross of the 31st, Atkinson of the lst, Ennis of the 20th, Lester of the 18th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, Bacon of the 28th, Arnall of the 36th, and Millican of the 52nd districts:

A bill to be entitled an act to amend section 32-1301 of the code with reference to the borrowing power of the Governor by providing that notes given shall mature not later than the last da yo the fiscal year; and for other purposes.

By unanimous consent, SB 20 was tabled.

SR 13.

By Senators Gross of the 31st, Ennis of the 20th, Harrison of the 17th, Eubank of the 29th, Forester of the 44th, Pope of the 7th, Terrell of the 19th, Kennon of the 6th, Kennedy of the 2nd, Ingram of the 51st, Kaigler of the 12th, Ansley of the lOth, Foster of the 40th, Dean of the 34th, and Peterson of the 15th districts:

A resolution proposing an amendment to the constitution so as to provide for a teachers retirement plan; and for other purposes.

754

JOURNAL OF THE HOUSE,

Mr. Foster of Paulding asked unanimous consent that further consideration of SR 13 be postponed until Tuesday, February 23, 1943 and the consent was granted.

SR 32. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, Whitworth of the 38th, Hall of the 50th, Stark of the 33rd, Martin of the 13th, Bloodworth of the 23rd, Raynor of the 4th, Bloodworth of the 22nd, Ennis of the 20th, Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th, and Kaigler of the 12th districts.

A resolution proposing an amendment to the constitution so as to provide for annual sessions of the General Assembly; and for other purposes.

By unanimous consent, further consideration of SR 32 was postponed until Tuesday, February 23, 1943.

SB 66. By Senator Arnold of the 26th district:
A bill t~ be entitled an act to amend the banking laws and title 13 of the 1933 code; to provide the par value of shares of stock of banking corporations; and for other purposes.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Alwood Bargeron Bentley Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Cheshire Clark Connell

Dallis Dalton Daves Deal Dorsey DuPree Durden Dyal Easler Elliott Etheridge Fussell Gaskins Gardner Gaston Gavin Gholston Goldberg Graham Gray Greene of Schley Guerry

Guyton Hand Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Hefner Herndon Hicks Hill of Clarke Hill of Troup Hogg Hooks Hubert Hurst Jennings of Terrell Joiner Johnson of Chattahoochee Johnson of Pike Jones Kelly of Thomas

MONDAY, FEBRUARY 22, 1943

755

Kelly of Walker Kendrick Littlejohn Livingston Looper Mankin Mavity McCamy McCracken McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate

Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Norman Overby Park Parker Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Reid Reynolds Riley Roughton Russell

Voting in the negative was:

Horne

Those not voting were:

Allison Anderson Baker Bates Battles Barfield Bennett Boone Bowen Chance Copland Cowart Crummey Culpepper Curry Dorsett Drake Dukes Dunn Edwards

Ennis Ferguson Fisher Fortson Foster Giddens Gilbert Gillis Gowen Grayson Greene of Jones Hagan Harden Heard Hightower Holley Horne Howard Jennings of Sumter Johns

Salter Sheppard Smith of Dougherty Smith of Oglethorpe Strickland Thomas Thrash Thurmond Waller Weaver Welsch Wells of Telfair Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Williams of Harris Wilson Woodruff Yawn
Johnston Key Knabb Mabry Malone Martin Mason Maund Moore of Taliaferro Odom Ogburn Oliver Padgett Pannell Peck Rees Riddlespurger Roper Rossee Rountree

756

JOURNAL OF THE HOUSE,

Rowland Sharpe Sills Smiley Smith of Carroll Smith of Muscogee Smith of Washington

Sparks Sumner Swint Thigpen Thompson Turner Warnock

Wells of Ben Hill Whipple Wilbanks of Habersham Willoughby Wright Mr. Speaker

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

On the passage of the bill, the ayes were 124, the nays 1.

The bill having received the requisite constitutional majority was passed.

Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.

Leave of absence was granted Mr. Grayson of Chatham.

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

TUESDAY, FEBRUARY 23, 1943

757

Representative Hall, Atlanta, Georgia.
Tuesday, February 23, 1943.
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 a 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.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.
The following resolution of the House was read and adopted:
HR 127. By Messrs. Fortson of Wilkes, Phillips of Columbia, Adams of Wheeler, Gillis of Treutlen, and Dunn of Lamar:
Whereas, it has come to the attention of the General Assembly of Georgia that Madame Chiang Kai-Shek, wife of the Generalissimo of the Chinese army will visit Wesleyan College, Macon, Georgia, sometime in the near future, and,
Whereas, the people of this state have watched with deep interest and sympathy the heroic struggle of the Chinese people in the defense of their homeland and the preservation of their freedom, and,
Whereas, our country is now fighting for its own freedom and preservation against the common enemy, and,
Whereas, this gracious and courageous lady embodies in her own person the ideals for which both our countries are fighting, therefore,
Be it now resolved, that the House of Representatives request Governor Ellis Arnall to extend an invitation to Madame Chiang Kai-Shek to visit a joint session of both Houses of the Georgia General Assembly on a date convenient for her.

758

JOURNAL OF THE HOUSE,

The following resolution of the House was read and referred to the Committee on Rules:
HR 128. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business beginning immediately after the period of unanimous consents at today's session, to wit:
1. SR 13. Teachers retirement. 2. SR 32. Providing for meetings of the General Assembly. 3. HB 25. Naturopathic bill. 4. HB 93. Cost justice courts. 5. HB 148. Death punishment for burglary. 6. HB 243. Commercial fertilizer. 7. HB 419. Relating to homestead exemption. 8. HB 165. Scholarship for country doctors. 9. HB 459. Public health. 10. HB 389. Disqualification of judges. 11. HR 101. Payment of rent. 12. HB 521. Amortization plan for income taxes. 13. HB 494. Constitutional amendment in reference to voting stock of sub-
sidiary corporations. 14. SB 125. Appointment of sheriffs by the Governor. 15. HB 133. Insurance. 16. HB 411. Relating to pecans. 17. HB 49. To estop contest life insurance. 18. HB 388. Distribution of intangible tax funds. 19. HB 358. Regulating tobacco warehouses. 20. SB 94. Creating state board of embalmers. 21. SB 117. Reorganizing the state board of public welfare. The following messages were received from the Senate through Mr. Nevin, the Secretary thereof:

TUESDAY, FEBRUARY 23, 1943

759

The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 1SO. By Senator Estes of the 35th:
A bill relating to the "Unemployment compensation law", as approved March 29, 1937, and other dates amended; and for other purposes.
SB 156. By Senator Gross of the 31st:
A bill to propose to the qualified voters of Georgia an amendment to article 7, section 2, paragraph II of the Constitution of Georgia, so as to exempt from ad valorem and intangibles taxes in Georgia the common voting stock of a subsidiary corporation; and for other purposes.
SB 165. By Senator Millican of the 52nd:
A bill relating to payment of wages; and for other purposes.
SB 172. By Senator Pittman of the 42nd:
A bill repealing an act to establish a city court in the County of Bartow; and for other purposes.
SB 143. By Senators Lester of the 18th, Millican of the 52nd and Arnold of the 26th:
A bill regulating the manufacture of flour and bread, enrichment of said products; and for other purposes.
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
HB 324. By Messrs. Smith and Reid of Carroll:
A bill to fix a salary for the jailor of Carroll county, Georgia; and for other purposes.
Mr. Speaker:
The Senate has concurred m the House amendment to the following bill of the Senate:
A bill to grant the trial judge jurisdiction to commit convicts between 16 and 18 years of age to Georgia state training school for boys; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House to wit:

7fi0

JOURNAL OF THE HOUSE,

HB 402. By Messrs. Gowen and Gilbert of Glynn:
A bill to propose to the qualified voters of Georgia an amendment to article 6, section 7, paragraph 1 of the Constitution of Georgia so as to authorize the General Assembly to abolish justice courts; and for other purposes.
Mr. Fortson of Wilkes moved that the following bill of the House be taken from the table:

HB 169. By Messrs. MeN all of Chatham, Culpepper of Fayette, Sparks of Towns, Boynton of Union, Strickland of Haralson, Allison of Gwinnett, Cheshire and Riddlespurger of Colquitt, Moore of Baldwin, Bynum of Rabun, Key of Jasper, Maund of Talbot, Curry of Randolph, Hicks and Littlejohn of Floyd, Thurmond and Roper of Hall, Bates of Ware, Gowen of Glynn, Guyton of Effingham, Welsch of Cobb, and Alexander of Chatham:
A bill to be entitled an act to name certain fish as fresh water game fish; to provide method and time of taking of same; and for other purposes.
The motion prevailed and HB 168 was taken from the table and placed at the foot of the calendar.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time and referred to committees:
HB 552. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:
A bill to be entitled an act to abolish the state examining boards included in title 84 of the code of 1933 and the acts of 1937 (Ga. laws 1937, pp. 208, 209, 245, 246, 294, 295, 296, 564), and the acts of 1939 (Ga. laws 1939, p. 226) and the acts of 1941 (Ga. laws 1941, p. 342), and to create in lieu thereof state examining commissions; and for other purposes.
Referred to Committee on State of Republic.
HB 553. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:
A bill to be entitled an act to provide for wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.
Referred to Committee on State of Republic.
HB 554. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:
A bill to be entitled an act to aid in coordinating national and state defense; to grant certain powers to the Governor and political sub-divisions of the

TUESDAY, FEBRUARY 23, 1943

761

state; to authorize the creation of state and local defense agencies; and for other purposes. Referred to Committee on State of Republic.
HB 555. By Messrs. McCracken of Jefferson and Durden of Dougherty: A bill to be entitled an act to regulate the labeling, sale, and offering for sale of agricultural, vegetable and certain forest tree seeds; to repeal act No. 323 approved March 27, 1941, (Ga. laws 1941, pp. 497-508); and for other purposes.
Referred to Committee on State of Republic.
HB 556. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:
A bill to be entitled an act to amend section 92-201 of the code of 1933 to provide that profit or income which may be received by institutions and used for purely charitable purposes shall be exempt; and for other purposes.
Referred to Committee on State of Republic.
HB 557. By Mr. McCracken of Jefferson: A bill to be entitled an act to provide for the payment of $10.00 at the time of filing petitions for divorce to the clerk of the superior court of Jefferson county; and for other purposes. Referred to Committee on State of Republic.
HB 558. By Mr. Wilbanks of Cherokee:
A bill to be entitled an act to provide that Cherokee county shall pay to officers of the court the actual costs incurred in misdemeanor cases where misdemeanor convicts are worked by the county; and for other purposes.
Referred to Committee on Public Highways No. 2.
HB 559. By Messrs. Johnston of Worth and Durden of Dougherty: A*bill to be entitled an act to establish a livestock health board within the department of agriculture to stabilize and protect the livestock and dairy industry of Georgia; and for other purposes.
Referred to Committee on State of Republic.
HB 560. By Mr. Gilbert of Glynn: A bill to be entitled an act to authorize persons, firms or corporations engaged in laundering, cleaning, storing or dyeing clothing, wearing apparel, carpets or other articles to sell such goods for unpaid charges ; and for other purposes.
Referred to Committee on General Judiciary No. 1.

762

JOURNAL OF THE HOUSE,

HB 561. By Mr. Ferguson of Camden:
A hill to he entitled an act to amend the charter of the Town of Woodbine to extend the corporate limits; and for other purposes.
Referred to Committee on Municipal Government.
HB 562. By Mr. Smith of Dougherty:
A hill to he entitled an act to provide that tax returns of pipe lines transporting petroleum or petroleum products shall he made to the state revenue commissioner as now provided for public utilities; and for other purposes. Referred to Committee on Ways and Means.
HB 563. By Mr. Overby of Stewart:
A hill to he entitled an act to fix the salary of the clerk of the county commissioners of Stewart county; and for other purposes. Referred to Committee on Counties and County Matters.
HB 564. By Mr. Overby of Stewart:
A hill to he entitled an act to fix the salary of the disbursing clerk of Stewart county; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 565. By Messrs. Jennings and Mabry of Sumter, Burton of Lee and Horne of Crisp:
A hill to he entitled an act to allow fishing twelve .months out of the year with hook and line, rod and reel, and fly rod in the counties of Sumter, Lee, and Crisp; and for other purposes.
Referred to Committee on Game and Fish.
HB 566. By Messrs. Bynum of Rabun, Fussell of Webster, Adams f Wheeler, Dyal of Appling and Key of Jasper:
A hill to he entitled an act to provide that a doctor's certificate shall he presented to the ordinary before securing marriage license showing the parties are free from venereal diseases; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 567. By Mr. Crummey of Wilcox:
A hill to he entitled an act to repeal the act abolishing the office of county treasurer of Wilcox county; and for other purposes.
Referred to Committee on Counties and County Matters.

TUESDAY, FEBRUARY 23, 1943

763

HR 129-567A. By Mr. McCracken of Jefferson:
A resolution authorizing the state librarian to furnish certain law books to the clerk of superior court of Jefferson county.
Referred to Committee on State of Republic.
HB 568. By Mr. Looper of Dawson:
A bill to be entitled an act to require every male person in Georgia who is able bodied to work regularly or continuously in some lawful, useful and recognized business trade or profession at least forty hours a week, if between the ages of sixteen and fifty-five; and for other purposes.
Referred to Committee on Industrial Relations.
HR 130-568A. By Mess~s. Looper of Dawson, Nicholson of Oconee, Reid of Carroll, Gillis of Treutlen, Guyton of Effingham, Moate of Hancock, Wilbanks of Cherokee, Wright of Gilmer, Sparks of Towns, Cannon of Rockdale, Thomas of Chattooga, Hicks and Littlejohn of Floyd:
A resolution advising the state board of pardons and paroles it is the wish and intent of the General Assembly that all pardons and paroles be considered by said board, including misdemeanor cases; and for other purposes.
Referred to Committee on Penitentiary.
HB 569. By Mr. Bowen of Pierce:
A bill to be entitled an act to provide for the payment from county funds of the bond of the sheriff of Pierce county; and for other purposes.
Referred to Committee on Counties and County Matters.
Mr. Sills of Candler 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:
HB 529. Do Pass.
HB 530. Do Pass.
HB 538. Do Pass.
HB 546. Do Pass.
HB 550. Do Pass.
SB 161. Do Pass.

764

JOURNAL OF THE HOUSE,

SB 162. Do Pass.

SB 163. Do Pass as amended.

.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills of the House to wit:
HB 136. HB 137. HB 139. HB 140. HB 173. HB 236. HB 254. HB 296. HB 448. HB 455. HB 472. HB 478. HB 481. HB 484. HB 485. HB 486. HB 489. HB 490. HB 491. HB 493.

TUESDAY, FEBRUARY 23, 1943

765

HB 497. HB 500. HB 501. HB 502. HB 507. HB 510. HB 511. HB 512. HB 519.

Respectfully submitted,

Mranch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enroll-

ment, submitted the following report:



Mr. Speaker:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following resolution of the House to wit:

HR 127.

Respectfully submitted,

Johnson of Chattahoochee, Chairman.

Mr. Gillis of Treutlen County, Chairman of the Committee on General Agriculture No.2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2, have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR-112-492B. Do Pass.
Respectfully submitted,
Gillis of Treutlen, Chairman.

766

JOURNAL OF THE HOUSE,

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary No. 1, have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 84. Do Pass

SB 126. Do Pass as amended.

HB 454. Do Pass.

HB 409. Do Not Pass.

HB 520. Do Pass.

HB 547. Do Pass. HB 127. Do Not Pass.
~espectfully submitted,

Mixon of Irwin, Chairman.

Mr. Daves of Dooly 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 recommendations:
HB 513. Do Pass.
Respectfully submitted,
Daves of Dooly, Chairman.

Mr. Phillips of Columbia County, Chairman of the Committee on Insurance, submitted the following report:
Your Committee on Insurance have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 297. Do Pass as amended.

TUESDAY, FEBRUARY 23. 1943

767

HB 471. Do Pass as amended.
Respectfully submitted,
Phillips of Columbia. Chairman.

Mr. Adams of Wheeler 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 bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 92. Do Pass.
Respectfully submitted,
Adams of Wheeler, Chairman.

:Mr. Mavity of Walker County, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 414. Do Not Pass.
Respectfully submitted,
Mavity of Walker, Chairman.
Mr. Thigpen of Glascock County, Chairman of the Committee on Privileges and Elections, submitted the following report:
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 recommendations:
HB 541. Do Pass.
Respectfully submitted,
Thigpen of Glascock, Chairman.

768

JOURNAL OF THE HOUSE,

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 525. Do Pass.

HB 534. Do Pass.

HB 548. Do Pass.

Respectfully submitted,

Mims of Miller, Chairman.

Mr. Fortson of Wilkes County, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:

Your Committee on University System of Georgia have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 503. Do Pass.

Respectfully submitted,

Fortson of Wilkes, Chairman.

Mr. Burnside of McDuffie 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:
HB 229. Do Pass as amended.
Respectfully submitted,
Burnside of McDuffie, Chairman.

TUESDAY, FEBRUARY 23, 1943

769

Mr. Burnside of McDuffie 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:
HB 83. Do Pass by substitute as amended.
Respectfully submitted,
Burnside of McDuffie, Chairman.

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

HB 83. By Mr. Mabry of Sumter:

A bill to be entitled an act to provide that all persons and companies operating pipe lines in this state shall make tax returns to the comptroller general; and for other purposes.

HB 229. By Mr. Odom of Baker:

A bill to be entitled an act to amend the "Motor fuel tax law" to exempt



from its provisions gasoline used for agricultural purposes; and for other purposes.

HB 297. By Messrs. Allison of Gwinnett, Harris of Richmond and Burnside of McDuffie:

A bill to be entitled an act to levy fees on insurance companies doing business in this state; and for other purposes.

HB 454. By Mr. Fisher of Jeff Davis:

A bill to be entitled an act to constitute all commissioned officers of all branches of the armed forces of the United States as ex-officio notaries public of the State of Georgia for persons situated without the territorial limits of the United States; and for other purposes.

HB 471. By Mr. Harris of Richmond:

A bill to be entitled an act to codify the laws of Georgia relating to fraternal benefit societies; and for other purposes.

HB 503. By Mr. Fortson of Wilkes:

A bill to be entitled an act to authorize the board of regents of the University System of Georgia to provide an annuity for the retirement of employees of the University System of Georgia; and for other purposes.

770

JOURNAL OF THE HOUSE,

HB 513. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend an act of the General Assembly of 1941, pages 300 et seq., by amending section 14, sub-section 2, by writing a new sub-section 2 providing for the issuance of a new birth certificate for adopted children in the name of the adopting parents; and for other purposes.
HB 520. By Messrs. Cheshire and Riddlespurger of Colquitt:
A bill to be entitled an act to provide for the formation of limited partnerships, and to repeal chapter 4, title 75, of the code of 1933; and for other purposes.
HB 525. By Messrs. Mills of Decatur, Durden and Smith of Dougherty, Sumner of Worth, Hand of Mitchell, Battles of Decatur, and Gardner of Mitchell:
A bill to be entitled an act to provide for granting of leave of absence to solicitors general who enter the armed forces, and for appointment of solicitor general protempore; and for other purposes.
HB 529. By Mr. Wells of Ben Hill:
A bill to be entitled an act to provide that a member of the board of commissioners of Ben Hill county may be named special road supervisor, and to fix his salary; and for other purposes.
HB 530. By Mr. Wells of Ben Hill:
A bill to be entitled an act to authorize the county depository of Ben Hill county to cash warrants of the county and charge interest on the amount paid; and for other purposes.
HB 534. By Mr. Bynum of Rabun:
A bill to be entitled an act to provide for a referendum on the question of abolishing the city court of Rabun county; and for other purposes.
HB 538. By Mrs. Guerry of Macon:
A bill to be entitled an act to abolish the office of county treasurer of Macon county and designate a county depository; and for other purposes.
HB 541. By Mr. Reynolds of Clayton:
A bill to be entitled an act to provide that the polls in Clayton county shall remain open from 7 :00 o'clock: a. m. to 6:00 o'clock: p. m. in county wide elections; and for other purposes.
HB 546. By Mr. Dorsey of Cobb:
A bill to be entitled an act to authorize the commissioner and advisory board

TUESDAY, FEBRUARY 23, 1943

771

of Cobb county to fix the salary of the county treasurer; and for other purposes.
HB 547. By Messrs~ Mixon of Irwin, Harris and Nicholson of Richmond, Connell of Lowndes, Durden of Dougherty and McCracken of Jefferson:
A bill to be entitled an act to amend section 49-203 of the code of 1933 to provide if a foreign guardian the judge of superior court in the county in whcih all or any part of the property is situated may authorize the sale of property; to amend section 49-204 relating to service where personal service is impossible on notice of sale; to amend section 49-410 providing that a committee of the property of an incompetent person who is a non-resident is authorized to sell and convey property of his ward; and for other purposes.
HB 548. By Messrs. Gilbert and Gowen of Glynn:
A bill to pe entitled an act to provide, if the proposed amendment to the constitution abolishing justices' courts in Glynn county is adopted, the method for handling cases by the city court of Brunswick of cases formerly handled in justices' court; and for other purposes.
HB 550. By Messrs. Smith and Roughton of Washington:
A bill to be entitled an act to reduce the bond of the sheriff of Washington county from $10,000.00 to $5,000.00; and fo rother purposes.
HR 112-492B. By Messrs. Connell and Cowart of Lowndes, Joiner of Cook, Branch of Tift, .Miller of Lanier, Padgett of Echols and Cheshire of Colquitt:
A resolution urging the federal authorities to apply price ceilings to the flu-cured tobacco crop by a method that will not destroy the auction system of selling tobacco; and for other purposes.
SB 84. By Senator Arnold of the 26th district:
A bill to be entitled an act to provide for intermediate reports and accountings by fiduciaries; to change the time for filing annual returns by executors, administrators, guardians, trustees and other fiduciaries; and for other purposes.
SB 92. By Senator Raynor of the 4th district:
A bill to be entitled an act to amend chapter 92-11, of the code of Georgia 1933, as amended (Ga. laws 1935, pages 11-72) by striking therefrom section 92-1004, (Ga. laws 1935, page 54, paragraph 101); and for other purposes.
SB 126. By Senators Gross of the 31st, Atkinson of the lst and Millican of the 52nd districts:

772

JOURNAL OF THE HOUSE,

A bill to be entitled an act providing that no judicial officer shall be disqualified from presiding in any proceedings because of being a policy holder in any mutual insurance company; and for other purposes.
SB 161. By Senator Dean of the 34th district:
A bill to be entitled an act to abolish the office of tax receiver for Rockdale county; and for other purposes.
SB 162. By Senator Dean of the 34th district:
A bill to be entitled an act to abolish the office of tax collector for Rockdale county; and for other purposes.
SB 163. By Senator Dean of the 34th district:
A bill to be entitled an act to create the office of taxcommissioner of Rockdale county, to fix the term of said office; to appoint a tax commissioner; to provide for the election of a successor; and for other purposes.
By unanimous consent, the following bills of the Senate were read the first time, and referred to the committees:
SB 141. By Senator Harrison of the 17th district:
A bill to be entitled an act to amend an act entitled "an act to provide for homesteads exempt from certain taxation; to fix the amount of said exemption; to determine the value and eligibility of the homestead;" and for other purposes.
Referred to Committee on State of Republic.
SB 143. By Senators Lester of the 18th, Millican of the 52nd and Arnold of the 26th districts :
A bill to be entitled an act regulating the manufacture of flour and bread, to require the enrichment of flour and bread; and for other purposes.
Referred to Committee on Manufactures.
SB 150. By Senator Estes of the 35th district:
A bill to be entitled an act to amend an act designated as the "Unemployment compensation law" approved March 29, 1937, as amended by an act approved January 25, 1938, as amended by an act approved March 21, 1941; and for other purposes. Referred to Committ~e on Industrial Relations.
SB 156. By Senator Gross of the 31st district:
A bill to be entitled an act to propose to the qualified voters of Georgia an amendment to article 7, section 2, paragraph 11, of the constitution of

TUESDAY, FEBRUARY 23, 1943

773

Georgia, so as to exempt from ad valorem and intangibles taxes in Georgia the common voting stock: of a subsidiary corporation when at least 90% thereof is held by a Georgia corporation; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
SB 165. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend section 66-102 and 66-9901 of the code of Georgia of 1933 relating to payment of wages; and for other purposes.
Referred to Committee on General Judiciary No. 1.
SB 172. By Senator Pittman of the 42nd district:
A bill to be entitled an act to repeal an act entitled "an act to establish a city court in the County of Bartow and for other purposes", and acts amendatory thereof; and for other purposes.
Referred to Committee on Counties and County Matters.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having met and had under consideration a resolutiora establishing a special and continuing order of business, recommends that the same do pass.
Mr. Durden of Dougherty, Vice-Chairman.

HR 128. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business beginning immediately after the period of unanimous consents at today's session, to wit:
1. SR 13. Teachers retirement. 2. SR 32. Providing for meetings of the General Assembly. 3. HB 25. Naturopathic bill. 4. HB 93. Cost of justice courts. 5. HB 148. Death punishment for burglary. 6. HB 243. Commercial fertilizer. 7. HB 419. Relating to homestead exemption.

774

jOURNAL OF THE HOUSE,

8. HB 165. Scholarship for country doctors. 9. HB 459. Public health. 10. HB 389. Disqualification of judges. 11. HR 101. Payment of rent. 12. HB 521. Amortization plan for income taxes. 13. HB 494. Constitutional amendment in reference to voting stock of sub-
sidiary corporations. 14. SB 125. Appointment of sheriffs by the Governor. 15. HB 133. Insurance. 16. HB 411. Relating to pecans. 17. HB 49. To estop contest life insurance. 18. HB 388. Distribution of intangible tax funds. 19. HB 358. Regulating tobacco warehouses. 20. SB 94. Creating state hoard of embalmers. 21. SB 117. Reorganizing the state hoard of public welfare. Under the special and continuing order of business established in HR 128, the following hills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

SR 13.

By Senators Gross of the 31st, Ennis of the 20th, Harrison of the 17th, Eubanks' of the 29th, Forester of the 44th, Pope of the 7th, Terrell of the 19th, Kennon of the 6th, Kennedy of the 2nd, Ingram of the 51st, Kaigler of the 12th, Ansley of the lOth, Foster of the 40th, Dean of the 34th and Peterson of the 15th districts:

A RESOLUTION

Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to paragraph 1, section 1, article 7, of the Constitution of Georgia so as to provide for payment of benefits and other costs under a teacher's retirement system of Georgia in accordance with enactment of the General Assembly to he admniistered by a hoard of trustees; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section l. That Paragraph 1, Section 1, 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 authorize the levy of taxes for, and to make provisions for the payment of benefits and other cost under a teacher's retirement system of Georgia,

TUESDAY, FEBRUARY 23, 1943

775

provided that no person shall be entitled to the benefits herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder; provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder."

Section 2. That when this amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the journals 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 said 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 1, Section 1, Article 7, of the Constitution, providing benefits under a teacher's retirement system of Georgia." And all persons opposed to the adoption of said amendment shall have written or printed on their bailots the words: "Against ratification or amendment to Paragraph 1, Section 1, Article 7, of the Constitution, prqviding for benefits under a teacher's retirement system of Georgia."

And if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified.

Section 3. That any and all provisions of law and parts of laws in conflict with t:Jis amendment be and the same are hereby repealed.

The report of the committee which was favorable to the adoption of the resolution, was agreed to.

This being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison Alwood Anderson Baker Bates Battles Barfield

Bargeron Bennett Bentley Boone Bowen Boynton Branch Bridges Broome

Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates

776
Chance Cheshire Clark Connell Copland Cowart Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler Edwards Elliott Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Gillis Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hand Harden Hardy Hart of Quitman

JOURNAL OF THE HOUSE,

Hart of Thomas

Minchew

Hartness

Mitchell

Hatchett

Mixon

Heard

Moate

Hefner

Nicholson of Oconee

Herndon

Nicholson of Richmond

Hicks

Norman

Hightower

Ogburn

Hill of Clarke

Oliver

Hill of Troup

Overby

Hogg

Padgett

Holley

Pannell

Hooks

Park

Horne

Parker

Howard

Peck

Hubert

Pettit

Hurst

Pirkle

Jennings of Sumter

Porter

Joiner

Powell

Johns

Price

Johnson of Chattahoochee Pruitt

Johnson of Pike

Ray

Johnston

Reid

Jones

Reynolds

Kelly of Thomas

Riddlespurger

Kelly of Walker

Riley

Kendrick

Roper

Key

Rossee

Littlejohn

Roughton

Livingston

Russell

Looper

Salter

Mabry

Sheppard

Mankin

Smiley

Martin

Smith of Carroll

Mason

Smith of Dougherty

Mavity

Smith of Oglethorpe

Maund

Smith of Washington

McCamy

Sparks

McCracken

Strickland

McEntire

Sumner

Mcintosh

Swint

McNall

Thigpen

Medders

Thomas

Miller

Thompson

Mills

Thrash

Mims

Thurmond

TUESDAY, FEBRUARY 23, 1943

777

Turner Waller Warnock Weaver Welsch Wells of Ben Hill

Wells of Telfair Whipple Wilbanks of Cherokee Williams of Coffee Williams of Harris

Willoughby Wilson Woodruff Wright Yawn

Those not voting were:

Brewton Crummey Dyal Ennis Giddens Gilbert Grayson Hagan

Jennings of Terrell Knabb Malone Moore of Baldwin Moore of Taliaferro Odom Phillips Rountree

Rowland Sharpe Sills Smith of Muscogee Wilbanks of Habersham Williams of Gwinnett Mr. Speaker

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

On the adoption of the resolution, the ayes were 181, the nays 0.

The resolution having received the requisite constitutional two-thirds majority was adopted.

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

HB 324. By Messrs. Reid and Smith of Carroll:
A bill to be entitled an act to fix the salary of the jailer of Carroll county; and for other purposes.

The following Senate amendment to HB 324 was read:
Senator Brock of the 37th district moves to amend HB 324, section 2, line 3, by striking the words "eighty-five cents" and substituting in lieu thereof the words "seventy-five cents."

Mr. Reid of Carroll moved that the House agree to the Senate amendment to HB 324.

On the motion to agree to the Senate amendment to HB 324, the ayes were 111, the nays 0.

The motion prevailed and the Senate amendment to HB 324 was agreed to.

SR 32. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, Whitworth of the 30th, Hall of the 50th, Stark of the 33rd, Martin of the 13th, Bloodworth of the 23rd, and Raynor of the 4th districts:

778

JOURNAL OF THE HOUSE,

A RESOLUTION
Proposing to the people of Georgia that Paragraph 3 of Section 4 of Article 3 (Section 2-1503 of the Code of Georgia) of the Constitution be amended by striking and repealing said paragraph and inserting in lieu thereof a new paragraph to provide that the General Assembly shall meet on the second Monday in January, 1945, and biennially thereafter on the same date until the date shall be changed by law; to provide that said session shall continue no longer than sixty days except in certain instances; to abolish the ten day session completely; to provide that the terms of the present incumbents of the offices of Governor and those which are the same as Governor, shall expire upon the inauguration of the Governor at the legislative session held under the provisions hereof in January 1947.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Paragraph 3 of Section 4 of Article 3 (Section 2-1503 of the Code of Georgia) of the Constitution of Georgia be amended by striking and repealing said Paragraph 3 (Section 2-1503 of the Code of Georgia) m its entirety and inserting in lieu thereof a new Paragraph to read as follows:
"The General Assembly shall meet on the second Monday in January 1945, and biennially thereafter on the same date until the date shall be changed by law. Such session shall continue no longer than sixty days. Such session may be for a shorter period of time should the General Assembly by concurrent resolution adopted by the votes of a majority of a quorum of House and Senate, and approved by the Governor, agree to adjourn before the expiration of sixty days. If impeachment trial is pending at the end of said sixty days, the session may be prolonged until completion of said trial. 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 1947."
Sectoin 2. The ten day organizational session is hereby abolished and repealed.
Section 3. 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, 1939.
The following committee substitute to SR 32 was read:
A RESOLUTION
Proposing to the people of Georgia an amendment to Article III, Section IV of the Constitution of Georgia, providing for sessions of the General Assembly.

TUESDAY, FEBRUARY 23, 1943

779

Be it resolved by the General Assembly of Georgia:
Section 1. The General Assembly of Georgia proposes to the people of Georgia that Article III, Section IV of the Constitution of Georgia be amended by striking all of paragraph III of said jlrticle and section and inserting in lieu thereof a new paragraph III, as follows:
"Paragraph III. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and biennially thereafter on the same date until the date shall be changed by law. By concurrent resolution, adopted by a majority of the members elected to both Houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than eighty days, in the aggregate, during the term for which the members were elected. If it shall adjourn the first regular session before the expiration of eighty days without fixing a date for reconvening, the General Assembly shall reconvene in regular session on the second Monday in January of the next year. All business pending in the House and Senate at the adjournment of any regular session may be considered at any later regular session of the General Assembly as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, of the duty of the Governor to cqnvene the General Assembly in extraordinary session upon the certificate of threefifths of the members elected to the Senate and House of Representatives, as provided in Artcile V, Section I, Paragraph XIII of the Constitution. If an impeachment trial is pending at the end of any regular session or extraordinary session, the Senate may continue in session until such trial is completed."
Section 2. 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.
The following amendment to the committee substitute for SR 32 was read:
Mr. Whipple of Bleckley moves to amend House Committee Substitute for SR 32 by striking Paragraph III thereof and in lieu thereof inserting:
"Paragraph III. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and annually thereafter on the same date until the date shall be changed by law. The annual sessions shall be for a period of fifty days, all business pending in the House or Senate at the adjournment of any regular session may be considered at any later regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extra-ordinary session, or the duty of the Governor to convene the General Assembly in extra-ordinary session upon the certificate of three-fifths of

780

JOURNAL OF THE HOUSE,

the members elected to the Senate and House of Representatives, as provided in Article V, Section I, Paragraph XIII of this Constitution. If an impeachment trial is pending at the end of any regular or extra-ordinary session, the Senate may continue in session until such trial is completed."
Mr. Rowland of Johnson moved the previous question. The motion prevailed and the main question was ordered.
Mr. Harris of Richmond moved that SR 32 be recommitted to the Committee on Amendments to Constitution No. 1.
On the motion to recommit SR 32, the ayes were 94, the nays 0.
The motion prevailed and SR 32 was recommitted to the Committee on Amendments to Constitution No. 1.
HB 25. By Mr. Livingston of Polk:
A bill to be entitled an act to create a board of naturopathic examiners; to define the practice of naturopathy; and for other purposes.
Mr. Durden of Dougherty moved that the House recess until 2:00 o'clock and the motion prevailed.
2:00P.M.
The speaker called the House to order and further consideration of the following bill of the House was resumed:
HB 25. By Mr. Livingston of Polk:
A bill to he entitled an act to create a board of naturopathic examiners; to define the practice of naturopathy; and for other purposes.
The following committee substitute was read:
A BILL
To be entitled an Act to create a Board of Naturopathic Examiners and to define and regulate the practice of Naturopathy and to provide penalties for violation of this Act; to provide for the Appointment of Members of said Board; and to fix their terms of office; to define their duties and power~ ; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:
Section 1. Thirty days after the passage of this Act and its approval by the Governor, it shall be unlawful for any person to practice, or to attempt to practice, Naturopathy in the State of Georgia without a license issued by the State Board of Naturopathic, as herein created and provided for.

TUESDAY, FEBRUARY 23, 1943

781

Section 2. PRACTICE FOR NATUROPATHY DEFINED: the practice of Naturopathy shall be defined as a science of treating the human body by use of natural methods and shall include the following therapeutic measures: Hydrotherapy, Psychotherapy, Phytotherapy, Mechanotherapy, Phototherapy, Thermotherapy, Electrotherapy, Biochemistry, and embracing such practices as massage, mineral, thermal, electrical and vapor baths, external application and dietetics.
Section 3. EXEMPTIONS. The following persons shall be exempt from the operation of this Act: (a) persons now authorized under the laws of this State to practice medicine or surgery, chiropractic, osteopathy, or chiropody.
Section 4. NATUROPATHIC BOARD ESTABLISHED. A Board is hereby created and established entitled "STATE BOARD OF NATUROPATHIC EXAMINERS". The Governor of Georgia shall, within thirty days after the effective date of this Act, appoint three practicing N aturopaths to constitute this Board, such appointment to be made from those of the classification set out in sub-section (b) of Section 7 of this Act. The term of office of one member of said Board shall expire in one year, one in two years and one in three years. Thereafter at the expiration of each member's appointment, the Governor shall appoint his successor for a three year ter mof office. The Governor shall have power to remove from office any member of said board for cause, but shall immediately appoint his successor for the unexpired term, or shall fill any vacancy that may occur by resignation or removal from the State, or Providential reasons. The Board shall adopt a seal which shall be affixed to all licenses regularly issued by it and shall from time to time adopt rules and regulations as' may be deemed necessary to carry into effect the intent and purpose of this Act.
Section 5. EXAMINATIONS. Any person wishing to practice Naturopathy shall make written application to the Board of Naturopathic Examiners fifteen ( 15) days prior to the date of the e:camination as provided by the rules and regulations of the Board created and empowered herein. Examinations shall be held semi-annually at the State Capitol in Atlanta. Examinations shall be held in the English language, written and/or oral, embracing the following subjects: Anatomy, Physiology, Chemistry, Pathology, Histology, Bacteriology, Massage, Therapeutics, Diagnosis, and Treatment and such allied subjects as shall subsequently be taught by accredited schools of Naturopathy.
Section 6. FEES. There shall be paid to the Joint Secretary of the State Examining Boards for the use of the Board of Naturopathic Examiners by each applicant standing examination twenty-five ($25.00) Dollars which amount shall accompany the application for the examinations. All licensed N aturopaths in this State shall pay the Board of Naturopathic Examiners annually before the 1st day of September in each calendar year Two ($2.00) Dollars renewal license fee, otherwise, a continuance of the practice of Naturopathy shall be punishable as provided for in this Act. Original licenses shall be recorded in the office of the Clerk of the Superior Court in each respective county where persons practice their professions under the provisions of this Act. Such persons shall publicly display in their places of business their original license and annual renewal certificate.

782

JOURNAL OF THE HOUSE,

Section 7. LICENSE PROVIDED FOR THOSE NOW PRACTICING All persons (a) now authorized under the laws of this State to practice medicine or surgery, chiropractic, osteopathy or chiropody, and who at the time of the passage of this Act have been engaged in the practice of Naturopathy in the State of Georgia for one year or more prior to and next preceding the approval of this Act, all persons (b) having been engaged in the practice of Naturopathy in the State of Georgia one year or more prior to and next preceding the approval of this Act and who are graduates of an accredited Naturopathic School or College, shall file their applications for license to continue the practice of Naturopathy with the Board of N aturopathic Examiners in the Office of the Joint Secretary of the State Examining Board of the State Capitol within thirty (30) days after the passage of this Act and approval by the Governor. Applications will be in writing accompanied by documentary evidence satisfactory to the Board of Naturopathic Examiners of above qualifica,tions together with Twenty Five ($25.00) Dollars for the license and the Board of Naturopathic Examiners shall thereupon issue proper licenses to such applicants. All applicants filing applications after, the thirty (30) day period required in this Act shall stand examinations for licenses as herein provided.
Section 8. COLLECTIO~ AND DISBURSEMENT FEES. All fees received by the State Board of Naturopathic Examiners shall be paid to the Joint Secretary of the State Examining Board and proper receipt issued for same and credited on the books of said Joint Secretary and remitted monthly to the State Treasury to be held for the use of said Board of Naturopathic Examiners and its pro rata expense of the office of the Joint Secretary.
Section 9. COMPENSATION AND EXPENSE OF BOARD. Each member of said Board shall receive Ten ($10.00) Dollars per day for every day spent in the performance of his duties in connection with this Act and necessary traveling expenses actually incurred.
Section 10. QUALIFICATIONS. A person shall be. qualified to practice Naturopathy as herein defined:
(a) Who 1s of good moral character.
(b) Who IS a graduate of high school or has completed an equivalent course of study.
(c) Who has studied Naturopathy, as herein defined, for four (4) years of nine (9) months each in an accredited school of Naturopathy, and is a graduate of such school.
(d) Who has taken and successfully passed the required examination provided for herein.
Section 11. SCHOOL OF NATUROPATHY TO BE APPROVED. To be approved by the State Board of Naturopathic Examiners, a school of Naturopathy must have as a minimum requirement a resident course of instruction of four (4) years, and to be of at least nine (9) months duration, and its teaching facilities and

TUESDAY, FEBRUARY 23, 1943

783

equipment shall be adequate to give, in the opinion of the Board the required course of study.
Section 12. RECIPROCITY. Upon payment of the required fee and applicant who is registered or licensed practitioner of N atutopathy under the laws of another State or Territory of the United States of America, or of a foreign country (provided applicant speaks the English language), may, without examination, be granted a license of registratio-~ by the State Board of Naturopathic Examiners to practice within this State in accordance with this Act, Provided: (a) That the applicant is of good moral character; (b) That the requirements for registration and licensing in the. particular state, territory or country were, at the time of the issuance of such certificate or license, substantially equal to the requirements under this Act, and provided that such state, territory or country permitted the issuance of licenses to practitioners licensed and qualified under the terms of this Act in the State of Georgia.
Section 13. REVOCATION OF LICENSE. The State Board of Naturopathic Examiners may either refuse to renew or may suspend or revoke any license or registration for any one of the following causes:
(a) CONVICTION of a felony, as evidenced by proper legal proof.
(b) Gross malpractice.
(c) Habitual drunkenness and/or habitual addiction to the use of habit forming drugs.
Section 14. PENALTIES. Violations of any of the provisions of this Act shall constitute a misdemeanor, punishable upon conviction, by a fine of not less than Twenty-five ($25.00) Dollars, nor more than Two Hundred ($200.00) Dollars, or impeachment for a term of not exceeding six (6) months, within the discretion of the trial court.
Section 15. OBSERVANCE OF REGULATIONS OF NATUROPATHS. All N aturopaths licensed by this Act shall observe and be subject to all state, county, and municipal regulations in regard to control of contagious and infectious diseases with equal right to use the facilities of the State Board of Health, and to sign health and death certificates, and to any and all other rights pertaining to the public health in the same manner as is required of other practitioners of the healing arts.
Section 16. CONSTITUTIONALITY. Should any section, provision, clause, or any part of this Act, be held to be unconstitutional, or invalid, then the remainder of this Act shall remain in full force, effect and validity.
Section 17. CAPTION. 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.
Section 18. AUTHORITY. This Act shall become effective immediately upon ratification and approval by the Governor.

784

JOURNAL OF THE HOUSE,

The following amendments to the substitute to HB 25-were read and adopted:

Mr. Livingston of Polk moves to amend the substitute to HB 25 by striking from Section 14, line four, the word "impeachment" and inserting in lieu thereof the word "imprisonment."
Mr. Smith of Carroll moves to amend the substitute to HB 25 as follows: By striking section 15 in its entirety and renumbering sections 16, 17, 18-15, 16, and 17 of the substitute.
Mr. Livingston of Polk moves to amend the substitute to HB 25 by adding thereto a new paragraph to follow paragraph fourteen ( 14) :
The practice of Naturopathy as defined in this act, shall not be construed as to confer upon those licensed to practice thereunder, the authority to enter the human body by the use of surgical instruments, nor shall anything in said act be construed as to confer upon those practicing under authority of said act, the authority to use, prescribe or administer in the treatment of any patient, any drug, narcotic or opiate, as defined in Materia Medica.
By unanimous consent, the substitute as amended was adopted.
Mr. Roughton of Washington moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended .

Mr. Etheridge of Fulton moved that HB 25 be indefinitely postponed and the motion was lost.

On the passage of the bill, by substitute as amended, Mr. Livingston of Polk moved the ayes and nays and the call was sustained.
Th~ roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison Alwood Anderson Baker Battles Barfield Bentley Boone Bridges Burnside Caldwell

Cannon Chance Cheshire Connell Copland Cowart Dallis Dalton Dorsett Dorsey Drake Easler Elliott

Ennis Fortson Fussell Gaston Goldberg Gray Guerry Hart of Quitman Hart of Thomas Hatchett Hefner Herndon Hicks

TUESDAY, FEBRUARY 23, 1943

785

Hightower

McEntire

Hogg

Mcintosh

Holley

Medders

Hooks

Mills

Hurst

Mitchell

Jennings of Sumter

Mixon

Jennings of Terrell

Nicholson of Oconee

Johnson of Chattahoochee Nicholson of Richmond

Johnson of Pike

Odom

Kelly of Thomas

.Overby

Kelly of Walker

Padgett

Key

Pannell

Knabb

Park

Littlejohn

Pettit

Livingston

Phillips

Looper

Pirkle

Mabry

Porter

Martin

Price

Mason

Reid

Maund

Reynolds

Those voting in the negative were:

Bowen Boynton Brewton Broome Brunson Burton Bynum Campbell of Newton Campbell of Polk Cates Crummey Curry Daves Deal Dukes Durden Edwards Etheridge Fisher

Foster Gardner Gaskins Gavin Gillis Graham Greene of Jones Greene of Schley Guyton Hardy Hartness Hill of Clarke Hill of Troup Howard Hubert Joiner Jones Kendrick Mankin McCamy

Those not voting were :

Bates Bargeron

Bennett Branch

Riddlespurger Riley Roughton Rowland Russell Sheppard Smith of Carroll Smith of Muscogee Smith of Oglethorpe Strickland Swint Thigpen Thurmond Waller Wells of Telfair Williams of Coffee Williams of Harris Wilson Woodruff Yawn
McCracken Miller Moate Moore of Taliaferro Norman Ogburn Oliver Parker Powell Pruitt Ray. Smiley Smith of Dougherty Sparks Sumner Warnock Wells of Ben Hill Whipple Willoughby
Clark Culpepper

786

JOURNAL OF THE HOUSE,

DuPree Dyal Dunn Ferguson Gholston Giddens Gilbert Gowen Grayson Hagan Hand Harden Heard

Horne Johns Johnston Malone Mavity Mims
~linchew
Moore of Baldwin Peck Rees Roper Rossee Rountree

Salter Sharpe Sills Smith of Washington Thomas Thompson Thrash Turner Weaver Welsch Wilbanks of Habersham Wright Mr. Speaker

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

On the passage of the bill by substitute as amended, the ayes were 99, the nays 58.

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

HB 93. By Messrs. Burnside of McDuffie and Rountree of Emanuel: A bill to be entitled an act to provide the manner in which justices of the peace and constables shall be compensated; and for other purposes.

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

On the passage of the bill, the ayes were 111, the nays 0.

The bill having received the requisite constitutional majority was passed.

Mr. Burnside of McDuffie, asked unanimous consent that HB 93 be transmitted immediately to the Senate and the consent was granted.

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the f,ollowing bill of the House to wit:
HB 94. By Mr. Burnside of McDuffie and Rountree of Emanuel:
A bill to amend section 24-602 of the code of Georgia of 1933, relating to the furnishing of dockets to justices of the peace, by providing for the furnishing in addition thereto the necessary blank forms used for process and service by justices of the peace and constables; to repeal all conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 23, 1943

787

Under the special and continuing order of business established by HR 128 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 148. By Mr. Campbell of Newton:
A bill to be entitled an act to repeal section 26-2402 of the 1933 code and substitute a new section to provide the death penalty for burglarizing an occupied dwelling; and for other purposes.
The following amendment \vas read and adopted:
Mr. McCracken of Jefferson moves to amend HB 148 as follows: By adding after the word "another" in line three of section 26-2402 the following: "between the hours of sun down and sun rise."
Mr. Moate of Hancock- moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the hili, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 243. By Messrs. Yawn of Dodge, Fisher of Jeff Davis, and Williams of Coffee:
A bill to be entitled an act to amend the fertilizer inspection act to provide a penalty of twenty-five per cent of the purchase price where it falls below the plant foods value by ten per cent or more; and for other purposes.
The following amendment to HB 243 was read and adopted:
Mr. Johnson of Pike moves to amend HB 243 by adding another paragraph to be appropriately numbered to read as follows: "Any and all fertilizer manufacturers in this State or shipped into this state containing chemical nitrogen of 8% or less derived from any form of liquid ammonia shall so state on each bag what per cent of said nitrogen is so derived.
Any failure to comply to this section shall carry an additional penalty of twentyfive per cent."
Mr. Thomas of Chattooga moved the previous question, the motion prevailed, and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended the ayes were 106, the nays 0.

788

. JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed, as amended.
HB 419. By Messrs. Price and Hill of Clarke:
A bill to be entitled an act to amend the homestead exemption from taxes law to include persons in the armed forces; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Price of Clark: asked unanimous consent, that HB 419 be transmitted immediately to the Senate and the consent was granted.
The following resolution of the House was read and adopted:
HR 131. By Mrs. Mankin of Fulton:
A RESOLUTION
Whereas on November 2nd, 1917 His Majesty's Government issued the Balfour Declaration viewing with favor the establishment in Palestine of a national home for the Jewish people and
Whereas this policy was concurred in by the United States in a joint congresiosnal resolution adopted on June 30, 1922, and implemented by the Anglo-American treaty of December 3rd, 1924 and
Whereas the sufferings of the Jews in Europe under the heels of the Axis dictators cry out to the enlightened conscience of the United Nations and the need for a Jewish homeland for stricken and persecuted Jewish masses after the war has become not merely a matter of justice but of dire necessity,
Now therefore be it resolved by Ute Senate and House of Representatives of the State of Georgia that the establishment of a Jewish homeland in Palestine and its further development for the absorption of as many Jewish refugees as may be called for by the exigencies of the situation be commended to the considered judgment of the United Nations, not only as an act of justice to the Jewish people, but as an integral part of a new democratic world order in which every people shall have the right to self-government and self-determination in accordance with the principles for which we now fight, and
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, to Senators Wagner and McNary, Co-Chairmen of the American Palestine Committee, and to the British Embassy in Washington for transmission to the proper authorities in London.

TUESDAY, FEBRUARY 23, 1943

789

Mr. Durden of Dougherty moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted Mr. Sills of Candler.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

790

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, February 24, 1943.
The House met pursuant to adjournment tqis day at 10:00 o'clock a. m., was called to order by the speaker and opened with a prayer by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. 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. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills. The following resolution of the House was read and referred to the Committee on Rules: HR 132. By Mr. Durden of Dougherty:
A RESOLUTION Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business beginning immediately after the period of unanimous consents at today's session, to wit:
1. HR 31-118A. Georgia Railroad bill. 2. HB 116. Georgia Railroad bill. 3. SR 32. Providing for meetings of the General Assembly. 4. HB 165. Scholarship for country doctors. 5. HB 459. Public health. 6. HB 389. Disqualification of judges. 7. HR 101. Payment of rent.

WEDNESDAY, FEBRUARY 24, 1943

791

8. HB 521. Amortization plan for income taxes. 9. HB 494. Constitutional amendment with reference to voting stock: of
subsidiary corporations. 10. SB 125. Appointment of sheriffs by the Governor. 11. HB 133. Insurance. 12. HB 411. Relating to pecans.
13. HB 49. To estop contest life insurance.
14. HB 388. Distribution of intangible tax funds.
15. HB 358. Regulating tobacco warehouses.
16. SB 94. Creating state board of embalmers. 17. SB 117. Reorganizing the state board of public welfare.
18. HB 142. Repealing code section 92-512. 19. SR 31. Pay members of the General Assembly.
20. SB 156. Constitutional amendment-reference to voting stock: of subsidiary corporations.
21. SB 119. Requiring confirmation of appointees. 22. HB 166. Paint bill. 23. HB 275. Admission to the bar. 24. HB 231. Relating to establishing of county lines in certain counties. 25. SR 15. Eighteen year old voting. The following messages were received from the Senate through Mr. Nevin, the Secretary thereof: Mr. Speaker: The Seriate has passed as amended by the requisite constitutional majority the following bills of the House to wit: HB 373. By Mr. Thurmond of Hall and others:
A bill to create a Georgia state guard; and for other purposes. HB 52. By Mr. Thigpen of Glascock::
A bill relating to the amount of fees a county sheriff can collect; and for other purposes.

792

JOURNAL OF THE HOUSE,

HB 62. By Messrs. Smith and Durden of Dougherty:
A bill relating to loans to persons not members; rate of interest; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to wit:
HB 67. By Messrs. Deal and Brunson of Bulloch; Turner, Hubert, and Broome of DeKalb:
A bill to fix the salary of the Deputy Insurance Commissioner of the State of Georgia; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House to wit:
HR 56. By Mr. Smith of Dougherty:
A resolution providing for the payment of the silver service which is now being used in the Governor's mansion; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 270. By Messrs. Battles and Mills of Decatur:
A bill granting to the commissioners of roads and revenues of Decatur county, the authority to provide for an air-space safety zone upon certain property; and for other purposes.
HB 357. By Mr. Reynolds of Clayton:
A bill to create and incorporate the City of Morrow, m Clayton county; and for other purposes.
HB 403. By Mr. Sharpe of Toombs:
A bill creating a new charter for the City of Vidalia in Toombs county; and for other purposes. HB 434. By Mr. Brewton of Evans: A bill amending an act incorporating the City of Claxton; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1943

793

HB 435. By Messrs. Grayson and McNall of Chatham:

A bill relating to the incorporation of the mayor and aldermen of the City of Savannah; and for other purposes.

HB 71. By Mr. Strickland of Haralson:



A bill authorizing county commissioners or ordinaries to carry on schools for adult illiteracy; and for other purposes.

HB 108. By Messrs. Thurmond of Hall, Ray of Warren and McCamy of Whitfield:
A bill to fix the compensation of the director of the department of public health; and for other purposes.

HB 175. By Messrs. Deal and Brunson of Bulloch:

A bill relating to homesteads exempt from certain taxations; and for other purposes.

By unanimous consent, the following bills and/or resolutions of the House were introduced read the first time and referred to committees:

HB 570. By Messrs. Price and Hill of Clarke:

A bill to be entitled an act to provide no local bill may be offered for filing with the Clerk of the House or Secretary of the Senate unless accompanied by a copy of the advertisement required by law; and for other purposes.
Referred to Committee on State of Republic.
HB 571. By Mr. Gholston of Madison:
A bill to be entitled an act to repeal the act creating the City Court of Danielsville; and for other purposes.

Referred to Committee on Special Judiciary.

HB 572. By Messrs. Burton of Lee, Jennings and Mabry of Sumter and Horne of Crisp:

A bill to be entitled an act to allow fishing twelve months out of the year with hook and line, rod and reel, and fly rod in the counties of Sumter, Lee!, and Crisp; and for other purposes.

Referred to Committee on Counties and County Matters. HB 573. By Mr. Gray of Houston:
A bill to be entitled an act to provide for five districts in Houston county and for other purposes. Referred to Committee on Counties and County Matters.

794

JOURNAL OF THE HOUSE,

HB 574. By Messrs. Kelley of Walker and Russell of White:
A bill to be entitled an act to provide that all milk and milk products sold for human consumption shall be pasteurized in all natural milk sheds with a population of 50,000 or more; and for other purposes. Referred to Co~mi.ttee on State of Republic.

HB 575. By Mr. Yawn of Dodge:
A bill to be entitled an act to require the commissioner of Dodge county to employ a certified public accountant annually to audit the books of various county officials; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 576. By Mr. Smith of Dougherty:
A bill to be entitled an act to require fish ladders on all barriers across streams inhabited by fish; and for other purposes.
Referred to Committee on Game and Fish.

HB 577. By Messrs. Anderson of Wayne, Rowland of Johnson, Ferguson of Camden and Gowen of Glynn:
A bill to be entitled an act to make it a felony for any person to maliciously and willfully fire woods; and for other purposes.
Referred to Committee on Conservation.

HR 133-577A. By Messrs. Jennings of Terrell, Durden and Smith of Dougherty, Bridges of Earley, Burton of Lee, Hand and Gardner of l.Vlitchell, Curry of Randolph, Branch of Tift and Johnston and Sumner of Worth:

A resolution to authorize the Georgia State Guard to pay to the widow

of Private J.D. Bridges, of the Georgia State Guard, the sum of $1,000.00;

and for other purposes.

.

Referred to Committee on Special Appropriations.

HR 134-577B. By Messrs. Price and Hill of Clarke:
A resolution to authorize the payment of $32,549.80 principal and $34,040.00 interest to the bond holders' committee of Riches, Pivers & Company for calcium arsenate purchased by the state; and for other purposes.
Referred to Committee on Special Appropriations,
HB 578. By Messrs. Powell of Stephens, Hardy of Jackson and Horne of Crisp:
A bill to be entitled an act to add a new section to the Code to be numbered 34-3316 to provide the method for soldiers and sailors to cast their ballots

WEDNESDAY, FEBRUARY 24, 1943

795

m all elections in Georgia; and for other purposes.
Referred to Committee on Privileges and Elections.
HB 579. By Mr. Malone of Laurens:
A bill to be entitled an act to make it a felony for any person by threat of the use of force or violence to prevent any person from engaging in any lawful vocation; and for other purposes.
Referred to Committee on Industrial Relations.
HB 580. By :VIessrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the pension act of Fulton county to provide that policemen and firemen serving in the armed forces shall have the same status as those not in the armed services; and for other purposes.
Referred to Committee on Municipal Government.
HB 581. By Mr. Broome of DeKalb:
A bill to be entitled an act to provide for the furnishing of birth certificates by applicants for marriage licenses who are under twenty-one years of age; and for other purposes.
Referred to Committee on General Judiciary No. 2.
HB 582. By Mr. Minchew of Atkinson:
A bill to be entitled an act to abolish the offices of tax rece1ver and tax collector of Atkinson county and to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County l.VIatters.
HB 583. By Messrs. Key of Jasper, Gillis of Treutlen, Rossee of Putnam, Minchew of Atkinson, Yawn of Dodge, Hagan of Screven, Hubert of DeKalb, Harden of Turner, Bargeron of Burke, Boynton of Union, lHcCracken of Jefferson, Bentley of Upson and Broome of DeKalb:
A bill to be entitled an act to give paramount power and authority to the commissioner of agriculture to control the sanitation of milk plants, dairy barns, dairies, milk sheds, milk depots, milk, milk products, abattoirs, packing houses, slaughter houses, meat markets, meats, meat products, foods and other products for human consumption; and for other purposes.
Referred to Committee on General Agriculture No. 2.
HR 137-583A. By Mr. Gilbert of Glynn:
A resolution authorizing the state properties commission to sell all the

796

JOURNAL OF THE HOUSE,

right, title and interest the state has in a tract of marsh land containing 930 acres in Glynn county; and for other purposes.
Referred to Committee on Public Property.
Mr. Foster of Paulding County, Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 1 have had under consideration the following bill and resolutions of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 31. Do Pass by substitute as amended.
SR 32. Do Pass by substitute without amendment.
SB 156. Do Pass.
Respectfully submitted,
Foster of Paulding, Chairman.

Mr. Cowart of Lowndes County, Vice-Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:

Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 533. Do Pass.

HB 532. Do Pass.

HB 563. Do Pass.

HB 564. Do Pass.

HB 569. Do Pass.

HB 440. Do Pass.

HB 551. Do Pass.

Respectfully submitted,

Cowart of Lowndes, Vice-Chairman.

WEDNESDAY, FEBRUARY 24, 1943

797

Mr. Smith of Muscogee County, Chairman of the Committee on Conservation, submitted the following report:

Mr. Speaker:

Your Committee on Conservation have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 218. Do Pass.

Respectfully submitted,
Smith of M uscogee, Chairman.

Mr. Thrash of Coffee County, Chairman of the Committee on Education No. 1, submitted the following report:

Mr. Speaker:

Your Committee on Education No. 1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 232. Do Pass.

Respectfully submitted,

Thrash of Coffee, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House, to wit:

HR 131.

HB 148.

HB 243.

HB 419.

HB 495.

HR 135.

Respectfully submitted,

Branch of Tift, Chairman.

798

JOURNAL OF THE HOUSE,

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House, to wit:

HB 94.

HB 284.

HB 324.

HB 369.

HB 402.

HB 421.

Respectfully submitted,
Johnson of Chattahoochee, Chairman.

Mr. Mason of Morgan County, Chairman of the Committee on Agriculture No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 1 have had under consideration the following bill and resolutions of the House and have instructed me as Chairman, to report the esame back to the House with the following recommendations:
HB 526. Do Pass.
HR 121. Do Pass.
HR 122. Do Pass.
Respectfully submitted,
Mason of Morgan, Chairman.

Mr. Mixon of Irwin 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:

WEDNESDAY, FEBRUARY 24, 1943

799

HB 468. Do Pass. HB 531. Do Pass.

Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Hicks of Floyd 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:
HB 54. Do Not Pass.
HB 456. Do Not Pass.
HB 458. Do Pass. HB 535. Do Pass.
Respectfully submitted, Hicks of Floyd, Chairman.
Mrs. Guerry of Macon County, Chairman of the Committee on Historical Research, submitted the following report: Mr. Speaker:
Your Committee of 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 recom~endations:
HB 539. Do Pass. Respectfully submitted,
Mrs. Guerry of Macon, Chairman.
Mr. Daves of Dooly 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

800

JOURNAL OF THE HOUSE,

following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 524. Do Pass.

~Respectfully submitted,

Daves of Dooly, Chairman.

Mr. Kendrick of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 361. Do Pass.
HB 522. Do Pass.
Respectfully submitted,
Kendrick of Fulton, Chairman.

Mr. Allison of Gwinnett 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:

SB 89. Do Pass.

SB 155. Do Pass.

SB 158. Do Pass.

HB 544. Do Pass.

HB 540. Do Pass.

HB 536. Do. Pass.

~

HB 545. Do Pass.

HB 537. Do Pass.

WEDNESDAY, FEBRUARY 24, 1943

801

HB 561. Do Pass. HB 517. Do Pass.

Respectfully submitted,
Allison of Gwinnett, Chairman.

Mr. Price of Clark County, Chairman of the Committee on Public Library, submitted the following report:
Mr. Speaker:
Your Committee on Public Library have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 125-545A. Do Pass.
Respectfully submitted,
Price of Clarke, Chairman.

Mr. McCracken of Jefferson 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 resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 552. Do Pass.

HB 528. Do Pass.

HB 463. Do Pass.

HB 554. Do Pass.

HB 553. Do Pass.

HB 556. Do Pass.

HB 557. Do Pass.

HR 129-567A. Do Pass.

SB 141. Do Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

802

JOURNAL OF THE HOUSE,

Mr. Burnside of McDuffie 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:
HB 488. Do Not Pass.
Burnside of McDuffie, Chairman.
By unanimous consent, the following bills and resolutions of the House and Senate favorably reported, were read the second time:
HB 218. By Messrs. Drake of Seminole and Mims of Miller:
A bill to be entitled an act to provide an annuity payment to any person, firm, or corporation who develops and drills the first oil, petroleum or gas well on a commercial basis in Georgia; and for other purposes.
HB 232. By Messrs. Smith of Dougherty and Giddens of Calhoun:
A bill to be entitled an act to require individuals, firms or corporations selling correspondence courses or home study courses, to qualify with the board of regents; to provide no suit for recovery of any sum due on a con tract or purchase may be filed unless accompanied with a certificate of such qualification; and for other purposes.
HB 361. By Messrs. Hubert, Brooms and Turner of DeKalb:
A bill to be entitled an act to create a board of examiners for electricians in DeKalb County; to provide for issuance or renewal of certificates; and for other purposes.
HB 440. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to create a DeKalb county planning commission and a board of zoning appeals; and for other purposes.
HB 458. By Messrs. Yawn of Dodge and Wells of Telfair:
A bill to be entitled an act to provide for appointment of a person to weigh livestock and swine at livestock auction markets, and to provide for a bond and penalties for fraud; and for other purposes.
HB. 463. By Messrs. Hogg of Marion, Durden of Dougherty and Hefner of Pickens:
A bill to be entitled an act to abolish the office of state entomologist and create the office of "director of entomology"; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1943

803

HB 468. By Mr. Wells of Ben Hill:
A bill to be entitled an act to regulate the operation of dance halls, road houses, tourist homes, tourist cabins, and clubs in Ben Hill County; and for other purposes.
HB 517. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to amend the charter of the City of Atlanta by extending the city limits to include certain areas in DeKalb County; and for other purposes.
HB 522. By Messrs. Kendrick of Fulton and Hand of Mitchell:
A bill to be entitled an act to repeal section 3 (f) of the unemployment compensation law and adopt a new section 3 (f) providing for the preservation during the present war of unemployment compensation benefits of persons entering the armed services; and for other purposes.
HB 524. By Messrs. Padgett of Echols and Pirkle of Forsyth:
A bill to be entitled an act to provide that persons suffering from diabetes shall be furnished insulin by the state department of health; and for other purposes.
HB 526. By Messrs. McCracken of Jefferson, Durden of Dougherty, Whipple of Bleckley, Boynton of Union, Sparks of Towns, Bynum of Rabun, and Bentley of Upson:
A bill to be entitled an act to provide for reciprocation between the different states, other than the State of Georgia, with the State of Georgia in transporting or selling farm products; and for other purposes. .
HB 528. By :Messrs. Mixon of Irwin, Cates of Burke, Phillips of Columbia and McCracken of Jefferson:
A bill to be entitled an act to amend section 68-623 of the Code of 1933 to provide the amount of compensation paid to members of the public service commission from fees derived from this source shall be changed ; and for other purposes.
HB 531. By Mr. Greene of Jones:
A bill to be entitled an act to provide that the judge imposing misdemeanor sentences may entertain motions for parole at any time; and for other purposes.
HB 532. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to repeal an act approved February 18, 1943, creating a board of commissioners of roads and revenues for Forsyth county; and for other purposes.

804

JOURNAL OF THE HOUSE,

HB 533. By Messrs. Hooks and Rountree of Emanuel:
A bill to be entitled an act to abolish the offices of tax receiver and tax collector and create the office of tax commissioner of Emanuel; and for other purposes.

HB 535. By Mr. Hubert of DeKalb:
A bill to be entitled an act to provide that justices of the peace shall lay their dockets before grand juries only on the first day of the first term of superior court in each calendar year; and for other purposes.

HB 536. By Mr. Crummey of Wilcox:
A bill to be entitled an act to amend the charter of the City of Abbeville to provide how candidates for office shall qualify; to provide for abatement of nuisances; to authorize the marshal of Abbeville to place the purchaser of property under tax deed in possession; and for other purposes.

HB 537. By Mr. Woodruff of Barrow:
A bill to be entitled an act to amend the charter of the City of Winder to provide members of the board of education can have business dealings with the City of Winder; and for other purposes.

HB 539. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to provide that the city commissioners of either Fulton or DeKalb county may acquire by purchase or condemnation lands for public parks; and for other purposes.

HB 540. By Mr. Crummey of Wilcox:
A bill to be entitled an act to amend the charter of the City of Rochelle to provide the city may assess property in rem; to authorize the Marshal to place the purchaser of a tax deed in possession of property; and for other purposes.

HB 544. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the Town of Palmetto to provide that the electric and steam plant, distribution lines, etc., cannot be sold except upon the assent of two-thirds of the qualified voters; and for other purposes.
HB 545. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Palmetto giving the mayor and council authority to fix the salaries of officers and employees of said town; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1943

805

HB 551. By Messrs. Etheridge, Kendrick: and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the pension act covering Fulton county employees to provide a pension to Mrs. Charles E. Lyle, widow of a veteran county employee; and for other purposes.
HB 552. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen
of Glynn:
A bill to be entitled an act to abolish the state examining boards included in title 84 of the code of 1933 and the acts of 1937 )Ga. laws 1937, pp. 208, 209, 245, 246, 294, 295, 296, 564) and the acts of 1939 (Ga. laws 1939, p. 226) and the acts of 1941 (Ga. laws 1941, p. 342), and to create in lieu thereof state examining commissions; and for other purposes.
HB 553. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:
A bill to be entitled an act to provide for wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.
HB 554. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:
A bill to be entitled an act to aid in coordinating national and state defense; to grant certain powers to the Governor and political sub-divisions of the state; to authorize the creation of state and local defense agencies; and for other purposes.
HB 556. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:
A bill to be entitled an act to amend section 92-201 of the code of 1933 to provide that profit or income which may be received by institutions and used for purely charitable purposes shall be exempt; and for other purposes.
HB 557. By Mr. McCracken of Jefferson:
A bill to be entitled an act to provide for the payment of $10.00 at the time of filing petitions for divorce to the clerk of the superior court of Jefferson county; and for other purposes.
HB 561. By Mr. Ferguson of Camd~n:
A bill to be entitled an act to amend the charter of the Town of Woodbine to extend the corporate limits; and for other purposes.
HB 563. By Mr. Overby of Stewart:
A bill to be entitled an act to fix the salary of the clerk of the county commissioners of Stewart county; and for other purposes.

806

JOURNAL OF THE HOUSE,

HB 564. By Mr. Overby of Stewart:
A bill to be entitled an act to fix the salary of the disbursing clerk of Stewart county; and for other purposes.
HB 569. By Mr. Bowen of Pierce:
A bill to be entitled an act to provide for the payment from county funds of the bond of the sheriff of Pierce county; and for other purposes.
HR 121-519B. By Messrs. Harris of Richmond, Durden of Dougl.erty and Kendrick of Fulton:
A resolution endorsing the home gardening program advocated by the secretary of agriculture and the national administration and urging Georgians to grow all food possible; and for other purposes.
HR 122-519C. By Mr. Woodruff of Barrow:
A resolution proposing that no farmer or group of farmers be favored with quota crops or allocated acres for any crop; and for other purposes.
HR 125-545A. By Mr. Parker of Walton:
A resolution authorizing the state librarian to furnish certain law reports to the clerk of the superior court of Walton county; and for other purposes.
HR 129-567A. By Mr. McCracken of Jefferson:
A resolution authorizing the state librarian to furnish certain law books to the clerk of superior court of Jefferson county; and for other purposes.
SB 89. By Senator Brock of the 37th district:
A bill to be entitled an act to amend the charter of the City of Carrollton to provide that the mayor and council may issue executions of fi. fas. for any licenses, fees, fines or forfeitures, paving assessments, taxes, or other indebtedness due the city; to provide for affidavits of illegality; and for other purposes.
SB 141. By Senator Harrison of the 20th district:
A bill to be entitled an act to amend the- homestead exemption act to provide where an owner contracts for replacement of a home and re~ides in the replaced dwelling under a bona fide option to purchase, he shall be entitled to tax exemption; and for other purposes.
SB 155. By Senators Kennedy of the 2nd district:
A bill to be entitled an act to incorporate the City of Collins; to define the corporate limits; to provide for a mayor and council; to provide for the. raising of revenues; and for other purposes.

WEDNESDAY, FEBRUARY 24, 1943

807

SB 156. By Senator Gross of the 31st district:
A bill to be entitled an act proposing an amendment to article 7, section 2, paragraph 2, of the constitution to exempt from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation where ninety per cent thereof is held by a Georgia corporation; and for other purposes.

SB 158. By Senator Kennedy of the 2nd district:
A bill to be entitled an act to repeal the charter of the City of Collins; and for other purposes.

SR 31.

By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, Whitworth of the 28th, Hall of the 50th, Stark of the 33rd, Martin of the 13th, Bloodworth of the 22nd, Ennis of the 20th, Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th and Kaigler of the 12th districts:

A resolution proposing an amendment to article 3, section 9, paragraph 1, of the constitution to provide that members shall receive $600.00 as full compensation for a legislative session; and for other purposes.

By unanimous consent, the following bills of the House were taken up for consideration," read the third time and placed upon their passage:

HB 529: By Mr. Wells of Ben Hill:
A bill to be entitled an act to amend the act creating the office of roads and revenues in and for Ben Hill county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 530. By Mr. Wells of Ben Hill:
A bill to be entitled an act to amend an act creating a county depository in and for Ben Hill county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 534. By Mr. Bynum of Rabun:
A bill to be entitled an act to provide for a referendum on the question of abolishing the city court of Rabun county; and for other purposes.

808

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
Mr. Bynum of Rabun moves to amend HB 534 by adding section 4 to same as follows:
Section 4. Adding another section to be known as Section 52 as follows:
"Section 52. That all laws and parts of laws in conflict are repealed."
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 106, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 538. By Mrs. Guerry of Macon:
A bill to be entitled an act to abolish the office of county treasurer of Macon county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 548. By Messrs. Gilbert and Gowen of Glynn:
A bill to be entitled an act to carry into effect the provisions of the proposed amendment to the constitution abolishing justices' court in Glynn county in event said amendment is adopted; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed. HB 550. By Messrs. Roughton and Smith of Washington:
A bill to be entitled an act to reduce the bond of the sheriff of Washington county, from the amount of ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.

WEDNESDAY, FEBRUARY 24, 1943

809

SB 161. By Senator Dean of the 34th district:
A bill to be entitled an act to abolish the office of tax receiver for Rockdale county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 162. By Senator Dean of the 34th district: A bill to be entitled an act to abolish the tax collector for Rockdale county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 163. By Senator Dean of the 34th district: A bill to be entitled an act to create the office of tax commissioner of Rockdale county; and for other purposes.
The following committee amendment _was read and adopted:
The committee moves to amend SB 163 by adding the following sentence to section 10, to read as follows:
"said bond premium to be paid by the Commissioners of Roads and Revenues of Rockdale County from County funds."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 546. By Mr. Dorsey of Cobb:
A bill to be entitled an act to authorize the commissioner and the advisory board of Cobb county to fix the compensation of the treasurer of Cobb county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.

810

JOURNAL OF THE HOUSE,

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having met and had under consideration a resolution establishing a special and continuing order of business, recommends that the same do pass.
Mr. Durden of Dougherty, Vice-Chairman.
HR 132. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business beginning immediately after the period of unanimous consents at today's session, to wit:
1. H R 31-118A. Georgia Railroad boll. 2. HB 116. Georgia Railroad bill. 3. SR 32. Providing for meetings of the General Assembly. 4. ijB 165. Scholarship for country doctors. 5. HB 459. Public health. 6. HB 389. Disqualification of judges. 7. HR 101. Payment of rent.
8. HB 521. Amortization plan for income taxes.
9. HB 494. Constitutional amendment in reference to voting stock of subsidiary corporations.
10. SB 125. Appointment of sheriffs by the Governor. II. HB 133. Insurance. 12. HB 411. Relating to pecans. 13. HB 49. To estop contest life insurance. 14. HB 388. Distribution of intangible tax funds. 15. HB 358. Regulating tobacco warehouses. 16. SB 94. Creating state board of embalmers. 17. SB 117. Reorganizing the state board of public welfare. 18. HB 142. Repealing code section 92-512.

WEDNESDAY, FEBRUARY 24, 1943

811

19. SR 31. Pay members of the General Assembly.
20. SB 156. Constitutional amendment-reference to voting stock of subsidiary corporations.
21. SB 119. Requiring confirmation of appointees.
22. HB 166. Paint bill.
23. HB 275. Admission to the bar.
24. H B 231. Relating to establishing of county lines in certain counties.
25. SR 15. Eighteen year old voting.
The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 373. By Messrs. Thurmond of Hall, Ferguson of Camden, Price of Clarke, Heard of Elbert, and Yawn of Dodge:
A bill to be entitled an act to create a Georgia state guard; to provide manner of pay; and for other purposes.
The following Senate amendments to HB 373 were read:
The Senate Committee on Military Affairs moves to amend HB 373, section 14 by adding thereto another sentence to read as follows: "Said Commanding Officer shall be appointed by the Governor."
Mr. Thurmond of Hall moved that the House adopt the Senate amendment to HB 373.
On the motion to adopt the Senate amendment to HB 373, the ayes were 111, the nays 0.
The motion prevailed and the Senate amend~ent was adopted.
The Senate Committee on Military Affairs moves to amend HB 373, section 20, by placing a semi-colon at the end of said section and adding the following: "Such compensation shall be in lieu of payment therefor by the State."
Mr. Thurmond of Hall moved that the House adopt the Senate amendment to HB 373.
On the motion to adopt the Senate amendment to HB 373, the ayes were 108, the nays 0.
The motion prevailed and the Senate amendment was adopted.
The Senate Committee on Military Affairs moves to amend HB 373, section 9-B by striking from the last sentence the words "during his service therein" and insert in lieu thereof "while on active duty."

812

JOURNAL OF THE HOUSE,

Mr. Thurmond of Hall moved that the House adopt the Senate amendment to HB 373.
On the motion to adopt the Senate amendment to HB 373, the ayes were 109, the nays 0.
The motion prevailed and the Senate amendment was adopted.
Senator Jones of the 3rd district moves to amend HB 373 by adding the following to be known as section 20-A "That membership in the Georgia State Guard shall not be grounds for deferment from services of the United States Armed forces."
Mr. Thurmond of Hall moved that the House adopt the Senate amendment to HB 373.
On the motion to adopt the Senate amendment to HB 373, the ayes were 110, the nays 0.
The motion prevailed and the amendment was adopted.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 62. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to amend section 16-101 of the code, relating to "loans to persons not members; rate of interest"; and for other purposes.
The following Senate amendment to HB 62 was read:
Senator Pittman moved to amend HB 62 by adding thereto as Section 2, to wit: All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Durden of Dougherty moved that the House adopt the Senate amendment to HB 62.
On the motion to adopt the Senate amendment to HB 62, the ayes were 104, the nays 0.
The motion prevailed and the Senate amendment was adopted.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 303. By Mr. Gholston of Madison:
A bill to be entitled an act to repeal the act to incorporate Madison county academy and to appoint trustees for the same ; and for other purposes.
The following Senate substitute for HB 303 was read:
A bill to be entitled an act to repeal an act approved December 13, 1823, entitled "An act to incorporate the Madison county academy and to appoint

WEDNESDAY, FEBRUARY 24, 1943

813

trustees for the same (Georgia laws 1823, pp. 26-27) and all laws amendatory thereof; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That the Act approved December 13, 1823, entitled "An Act to incorporate the Madison County Academy and to appoint trustees for the same" (Georgia Laws 1823, pp. 26-27) and all Acts amendatory thereof be, and the same are hereby repealed.
Section 2. That all laws and parts of laws in conflict herewith are hereby
repealed.

Mr. Gholston of Madison moved that the House adopt the Senate substitute for HB 303.
On the motion to adopt the Senate substitute for HB 303, the ayes were 105, the nays 0.

The motion prevailed and the Senate substitute was adopted.

Under the special and continuing order of business established by HR 132 the following resolution of the House was taken up for the purpose of agreeing with the report of the committee which was adverse to the passage of the bill:

HR 31-118A. By Messrs. Mason of Morgan and Cannon of Rockdale:

A resolution proposing an amendment to the constitution so as to allow the taxation of the Georgia Railroad and Banking company; and for other purposes.

Mr. Durden moved the previous question, the motion prevailed and the main question was ordered.

On the motion to agree to the report of the committee, Mr. Welsch of Cobb moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Alexander Bargeron Bowen Brewton Bynum Campbell of Polk Cates Clark Connell Crummey Culpepper

Deal Drake Dukes Durden Ennis Ferguson Fortson Foster Gardner Gholston Gilbert

Gowen Graham Guerry Hagan Hand Hightower Holley Howard Joiner Johnston Jones

814

JOURNAL OF THE HOUSE,

Kendrick Malone Mankin Mavity McCamy McCracken McEntire McNall Miller Mills :\1ims Minchew

Mixon Nicholson of Richmond Norman Ogburn Oliver Overby
ParII:
Porter Powell Reynolds Sharpe

Smiley Smith of Dougherty Smith of Washington Swint Thigpen Thrash Thurmond Weaver Welsch Wells of Ben Hill Wells of Telfair

Those voting in the negative were:

Adams Alwood Anderson Battles Bennett Bentley Boone Branch Bridges Brunson Burnside Campbell of Newton Cannon Chance Cheshire Copland Curry Dallis Dalton Dorsett Dorsey DuPree Dyal Easler Edwards Elliott Etheridge Fisher Fussell Gaston

Gavin

Mitchell

Giddens

Moate

Gillis

Nicholson of Oconee

Goldberg

Padgett

Gray

Pannell

Greene of Jones

Parker

Greene of Schley

Pettit

Hardy

Phillips

Hart of Quitman

Pirkle

Hart of Thomas

Price

Hartness

Pruitt

Hatchett

Rees

Herndon

Reid

Hill of Troup

Riley

Hogg

Roper

Horne

Rossee

Hurst

Roughton

Jennings of Sumter

Rowland

Jennings of Terrell

Russell

Johns

Sheppard

Johnson of Chattahoochee Smith of Carroll

Johnson of Pike

Smith of M uscogee

Kelly of Thomas

Smith of Oglethorpe

Knabb

Strickland

:Mabry

Sumner

Martin

Thompson

Mason

Waller

Maund

Whipple

Mcintosh

Wilbanks of Cherokee

Medders

Williams of Coffee

WEDNESDAY. FEBRUARY 24, 1943

815

Williams of Gwinnett Williams of Harris Willoughby

Wilson Woodruff

Wright Yawn

Those not voting were:

Adams

Harden

Odom

Alwood

Hart of Thomas

Phillips

Bates

Heard

Rees

Bentley

Hill of Clarke

Reid

Campbell of Newton

Horne

Riddles purger

Connell

Jennings of Terrell

Roper

Dallis

Johnston

Roughton

Durden

Kelly of Thomas

Rountree

Easler

McNall

Sheppard

Elliott

Martin

Sills

Fisher

Miller

Turner

Gardner

Moore of Baldwin

Williams of Gwinnett

Gavin

Pettit

Wright

Grayson

Norman

Mr. Speaker
I

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

On the motion to agree to the report of the committee, the ayes were 67, the nays 97.

The motion was lost and the report of the committee, which was adverse to the adoption of the resolution, was disagreed to and HR 31-118A' was placed upon the calendar i'n its proper place.

1\llr. Durde-n of Dougherty moved that the House recess until 2:00 o'clock, and the motion prevailed.

2:00P.M.

The Speaker called the House to order.

The following bill of the House was taken up for the purpose of considerin~ the Senate amendment thereto:

HB 60. By Mr. Key of Jasper:

A bill to be entitled an act to amend the income tax laws so as to provide certain exceptions from the provisions of the income tax laws; and for other purposes.

The following Senate amendment was read:

Senate Committee on Banks and Banking moves to amend HB 60 as follows:

To correct 3 typographical errors in Section One by substituting the letter "i" for the numberal 1 wherever the numeral 1 appears in Section One.

816

JOURNAL OF THE HOUSE,

Mr. Durden of Dougherty moved that the House agree to the Senate amendment to HB 60.
On the motion to agree to the Senate amendment to HB 60, the ayes were 106, the nays 0.
The motion prevailed and the Senate amendment to HB 60 was agreed to.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House substitute to the following bill of the Senate to wit:
SB 43. By Senator Millican of the 52nd:
A bill authorizing the superior courts of the state to hear and determine the time and place of birth of persons on petition for establishment of birth certificates; and for other purposes.
The president has appointed a conference committee on the part of the Senate as follows:
Senators: Millican of the 52nd, Lester of the 18th, and Atkinson of the 1st.
Under the special and continuing order of business established by HR 132 the following bill of the House was taken up for the purpose of agreeing to the report of the committee which was adverse to the passage of the "bill:
HB 116. By Messrs. Mason and Morgan and Cannon of Rockdale:
A bill to be entitled an act to provide for the taxation of the properties of the Georgia Railroad and Banking company; and for other purposes.
On the motion to agree to the report of the committee, the ayes were 37, the nays 76.
The motion was lost and the report of the committee, which was adverse to the passage of the bill, was disagreed to and HB 116 was placed upon the calendar in its proper place.
Under the special and continuing order of business established by HR 132 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
SR 32. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, Whitworth of the 38th, Hall of the 50th, Stark of the 33rd, Martin of the 13th, Bloodworth of the 23rd, Raynor of the 4th; Bloodworth of the 22nd,

WEDNESDAY, FEBRUARY 24, 1943

817

Ennis of the 20th, Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th, and Kaigler of the 12th districts:

A RESOLUTION
Proposing to the people of Georgia that Paragraph 3 of Section 4 of Article 3 (Section 2-1503 of the Code of Georgia) of the Constitution be amended by striking and repealing said Paragraph and inserting in lieu thereof a new Paragraph to provide that the General Assembly shall meet on the second Monday in January 1945, and biennially thereafter on the same date until the date shall be changed by law; to provide that said session shall continue no longer than sixty days except in certain instances; to abolish the ten day session completely; to provide that the terms of the present incumbents of the offices of Governor and those which are the same as Governor, shall expire upon the inauguration of the Governor at the legislative session held under the provisions hereof in January 1947.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Paragraph 3 of Section 4 of Article 3 (Section 2-1503 of the Code of Georgia) of the Constitution of Georgia be amended by striking and repealing said Paragraph 3 (Section 2-1503 of the Code of Georgia) in its eatirety and inserting in lieu thereof a new Paragraph to read as follows:

"The General Assembly shall meet on the second Monday in January 1945, and biennially thereafter on the same date until the date shall be changed by law. Such session shall continue no longer than sixty days. Such session may be for a shorter period of time should the General Assembly by concurrent resolution adopted by the votes of a majority of a quorum of House and Senate, and approved by the Governor, agree to adjourn before the expiration of sixty days. If impeachment trial is pending at the end of said sixty days, the session may be prolonged until completion of said trial. 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 1947."
Section 2. The ten day organizational session is hereby abolished and repealed.
Section 3. 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 arid 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 following committee substitute to SR 32 was read:

818

JOURNAL OF THE HOUSE,

A RESOLUTION
Proposing to the people of Georgia an amendment to Article III, Section IV of the Constitution of Georgia, providing for sessions of the General Assembly.
BE IT RESOLVED by the General Assembly of Georgia: Section 1 The General Assembly of Georgia proposes to the people of Georgia that Article III, Section IV of the Constitutin of Georgia be amended by striking all of paragraph III of said Article and Section and inserting in lieu thereof a new paragraph III, as follows:
"Paragraph III. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and biennially thereafter on the same date until the date shall be changed by law. By concurrent resolution, adopted by a majority of the members elected to both Houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than seventy days, in the aggregate, during the term for which the members were elected. If it shall adjourn the first regular session before the expiration of seventy days without fixing a date for reconvening, the General Assembly shall reconvene in regular session on the second Monday in January of the next year. All business pending in the House and Senate at the adjournment of any regular session may be considered at any later regular session of the General Assembly as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, of the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and House of Representatives, as providd in Article V, Section I, Paragraph XIII of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."
Section 2. 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, 1939.
The following amendment to the committee substitute was read and adopted:
Messrs. Harris of Richmond and Culpepper of Fayette move to amend paragraph 3 of the substitute to SR 32 by striking from said section the words and figures "(70) seventy" wherever they appear and inserting in lieu thereof the words and figures " ( 80} eighty."
The following amendment to the .committee substitute was read:
Messrs. Whipple of Bleckley, Hogg of Marion, Reynolds of Clayton, Edwards

WEDNESDAY, FEBRUARY 24, 1943

819

of Taylor, McEntire of Franklin, Maund of Talbot, Bowen of Pierce, Dyal of Appling, Fisher of Jeff Davis, Waller of Whitfield, and Hatchett of Meriwether move to amend House committee substitute for SR 32 by striking paragraph III thereof and in lieu thereof inserting:

"Paragraph III. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and annually thereafter on the same date until the date shall be changed by law. The annual sessions shall be for a period of fifty days. All business pending in the House or Senate at the adjournment of any regular session may be considered at any later regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall he construed to affect the power of the Governor to convoke the General Assembly in extra-ordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and House of Representatives, as provided in Article V, Section I, Paragraph XIII of this Constitution. If an impeachment trial is pending at the end of any regular or extra-ordinary session, the Senate may continue in session until such trial is completed."

On the adoption of the amendment, Mr. Whipple of Bleckley moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Anderson Bates Battles Bennett Bentley Boone Bowen Bridges Brunson Cannon Chance Dallis Dalton Dorsett Dorsey Dukes Dyal Easler Edwards

Ennis

Moore of Taliaferro

Fussell

Odom

Gaston

Oliver

Gholston

Pannell

Giddens

Reid

Guyton

Reynolds

Hartness

Roughton

Hill of Troup

Rowland

Horne

Russell

Howard

Smiley

Jennings of Terrell

Smith of Carroll

Johnson of Chattahoochee Smith of Washington

Looper

Strickland

Mabry

Sumner

Martin

Thompson

Mason

Waller

Maund

Whipple

McEntire

Wilson

Medders

Yawn

820

JOURNAL OF THE HOUSE,

Those voting in the negative were:

Alexander Allison Alwood Baker Barfield Bargeron Boynton Branch Broome Burnside Bynum Campbell of Newton Campbell of Polk Cates Cheshire Clark Connell Copland Cowart Culpepper Daves Deal Drake Dunn DuPree Durden Etheridge Ferguson Foster Gardner Gaskins Gavin Gilbert Gillis Goldberg Gowen Graham Gray Guerry

Hand Harden Hardy Hart of Quitman Hart of Thomas Hefner Herndon Hicks Hightower Hill of Clarke Hooks Hurst Jennings of Sumter Joiner Johns Johnson of Pike Johnston Jones Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Mankin Mavity McCamy McCracken Mcintosh McNall Miller Mills Mims Minchew Mitchell Mixon Nicholson of Oconee Nicholson of Richmond Norman

Those not voting were :

Barfield Bennett Burton

Caldwell Cannon Chance

Ogburn Overby Padgett Park Parker Pettit Phillips Pirkle Potter Powell Price Pruitt Ray Riddlespurger Riley Roper Rossee Salter Sheppard Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Sparks Swint Thigpen Thomas Thrash Thurmond Warnock Weaver Welsch Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Woodruff
Crummey Fisher Fortson

WEDNESDAY, FEBRUARY 24, 1943

821

Gray Grayson Greene of Schley Hagan Heard Hogg Holley

Hubert Maund McEntire Mixon Moore of Baldwin Peck

Rountree Sills Turner Wilbanks of Habersham Wright Mr. Speaker

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

On the adoption of the amendment, the ayes were 58, the nays 117.

The amendment having failed to receive the necessary majority was lost.

By unanimous consent, the substitute as amended was adopted.
The report of the committee, which was favorable to the adoption of the resolu. tion, by substitute, was agreed to, as amended.
The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were :

Adams Alexander Allison Alwood Anderson Baker Bates Battles Bargeron Bentley Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Bynum Campbell of Newton Campbell of Polk: Cates Cheshire Clark:

Connell Copland Cowart Culpepper Curry Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Ennis Etheridge Ferguson Foster Fussell Gardner

Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Greene of Jones Guerry Guyton Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Hefner Herndon Hicks Hightower Hill of Clarke

822

JOURNAL OF THE HOUSE,

Hill of Troup

Minchew

Hooks

Mitchell

Horne

Moate

Howard

Moore of Taliaferro

Hurst

Nicholson of Oconee

Jennings of Sumter

Nicholson of Richmond

Jennings of Terrell

Norman

Joiner

Odum

Johns

Ogburn

Johnson of Chattahoochee Oliver

J oi:tnson of Pike

Overby

Johnston

Padgett

Jones

Pannell

Kelly of Thomas

Park

Kelly of Walker

Parker

Kendrick

Pettit

Key

Phillips

Knabb

Pirkle

Littlejohn

Porter

Looper

Powell

Mabry

Price

Malone

Pruitt

Martin

Ray

Mason

Rees

Mavity

Reid

McCamy

Reynolds

McCracken

Riddlespurger

Mcintosh

Riley

McNall

Roper

Medders

Rossee

Miller

Roughton

Mills

Rowland

Mims

Russell

Those voting in the negative were:

Cannon

Elliott

Those not voting were:

Bennett Burton Chance Crummey Fisher Fortson Gray Grayson

Greene of Schley Hagan Heard Hogg Holley Hubert McEntire Mixon

Salter Sharpe Sheppard Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Waller Warnock Weaver Welsch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Yawn
Livingston
Moore of Baldwin Peck Rountree Sills Turner Wilbanks of Habersham Wright Mr. Speaker

WEDNESDAY, FEBRUARY 24, 1943

823

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, by substitute as amended, the ayes were 174, the nays 3.
The resolution having received the requisite two-thirds constitutional majority was adopted, by substitute as amended.

HB 165. By Messrs. Bates of Ware and Gholston of Madison:
A bill to be entitled an act to create scholarships to be given certain students of medicine at the University of Georgia School of Medicine; to appropriate funds for same; and for other purposes.

The House was resolved into the Committee of the Whole House for the consideration of HB 165, and the speaker designated Mr. Smith of Muscogee as the chairman thereof.

The Committee of the Whole House arose and through its chairman, reported HB 165 back to the Hous~ with the recommendation that same do pass, as amended.

The following amendment was read and adopted:

Mr. Bates of Ware moves to amend HB 165 by adding after the words "after graduation" in section 1 the following: "and internship."

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

On the passage of the bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Bowen Boynton Branch Brewton Bridges Broome Brunson

Burnside Bynum Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Cowart Culpepper Curry Dallis Daves Deal Dorsett Dorsey

Drake Dukes Dunn DuPree Durden Easler Edwards Ennis Etheridge Ferguson Foster Gardner Gaskins Gaston Gavin Gholston Giddens

824

JOURNAL OF THE HOUSE,

Gilbert

Littlejohn

Gillis

Livingston

Goldberg

Looper

Graham

Malone

Gray

Mankin

Greene of Jones

Martin

Greene of Schley

Mason

Guerry

McCamy

Guyton Hagan.

McCracken Mcintosh

Hand

Medders

Harden

Miler

Hardy

Mills

Hart of Quitman

Mims

Hart of Thomas

Minchew

Hartness

Mitchell

Hatchett

Moate

Hefner

Moore of Taliaferro

Herndon

Nicholson of Oconee

Hicks

Nicholson of Richmond

Hill of Troup

Norman

Hogg

Ogburn

Hooks

Oliver

Howard

Overby

Hubert

Park

Jennings of Terrell

Parker

Joiner

Pirlde

Johnson of Chattahoochee Porter

Johnson of Pike

Price

Johnston

Pruitt

Jones

Ray

Kelly of Thomas

Rees

Key

Reynolds

Knabb

Those voting in the negative were:

Copland

Elliott

Those not voting were:

Adams Bentley Boone Burton Caldwell Connell Crummey

Dalton Dyal Fisher Fortson Fussell Gowen Grayson

Riddlespurger Riley Roper Rossee Rowland Russell Salter Sharpe Smiley Smith of Carroll Smith of Muscogee Smith of Washington Sparks Sumner Swint Thomas .Thompson Thrash Thurmond Waller Warnock Weaver Welsch Wells of Telfair Whipple Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Yawn
Pannell
Heard Hightower Hill of Clarke Holley Horne Jennings of Sumter Johns

WEDNESDAY, FEBRUARY 24, 1943

825

Kelly of Walker Kendrick Mabry Mavity Maund McEntire McNall Mixon Moore of Baldwin Odom

Padgett Peck Pettit Phillips Powell Reid Roughton Rountree Sheppard Sills

Smith of Dougherty Smith of Oglethorpe Strickland Thigpen Turner Wells of Ben Hill Wilbanks of Habersham Wright Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 151, the nays 3.

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

The following resolution of the House was read and adopted:

HR 138. By Messrs. Mims of Miller, Drake of Seminole, Gillis of Treutlen, Riddlespurger of Colquitt, and Burton of Lee:

A RESOLUTION

Whereas, on previou~ occasions the Georgia House of Representatives have taken occasion by resolution to memoralize the Congress of the United States and the Secretary of Agriculture of the United States relative to the price situation concerning peanuts, and
Whereas, on February 10, 1943, the Secretary of Agriculture announced the peanut program for 1943, as follows: "$129.00 per ton as the average price to be paid on all peanuts grown in 1943 and eliminating the quota and excess system for said year and including in such program a proposed incentive payment in the amount of $30.00 per acre on all peanuts planted and harvested above 90% of the individual gold, not to exceed 110% of the gold for said incentive payment would average approximately $15.00 per ton on all peanuts grown, which would make a total average minimum price of $144.00 per ton on all peanuts grown in the year 1943, and
Whereas, such incentive payment was to have been paid out of a supplemental appropriation for agricultural purposes in the amount of $100,000,000.00, and
Whereas, on the 15th day of February, 1943 the Sub-committee on Agricultural Appropriations of the House Appropriations Committee voted to eliminate the aforesaid $100,000,000.00 from the general appropriation, and
Whereas, such action taken by said committee had the effect of destroying the incentive payment program, and
Whereas, this announcement of this program has already gone out to the farm-

826

JOURNAL OF THE HOUSE,

ers all over this section, and they have the right to expect the receipt of such money in one form or another, and
Whereas, the Secretary of Agriculture now has ample authority under Public Law 729, of the 77th Congress, H.R. 7565, known as the Stabilization Act, and under Section 3 thereof, to five the price of any agricultural commodity at such figure as is necessary to encourage thereof as a war measure, and
W"hereas, the Secretary of Agriculture has ample authority under the above described law to include in fixing such minimum price, to include farm labor therein, and
Whereas, the system of subsidy is unsound, unstable, and unbusinesslike, but that on the other hand the price should be fixed in such a manner that the farmer would receive full and complete payment for his product at the market place, on the date the sale is made.
Therefore be it resolved by the Georgia House of Representatives, the Senate concurring, that the Secretary of Agriculture of the United States be, and he is by the terms of this resolution, urged to immediately fix the price of peanuts for the 1943 program at such figure as would reflect the proposed incentive payments in addition to the announced minimum of $129.00 per ton, or at such higher figure as the Secretary might deem fit and proper, to encourage the planting of peanuts for oil in 1943.
Be it further resolved that it is the sentiment of this General Assembly that the absolute bed rock minimum price of peanuts for 1943 should be at least $144.00 per ton at the market place.
Be it further resolved that a copy of this resolution be forwarded by the Clerk of the House of Representatives immediately to the Honorable Claude R. Wickard, Secretary of Agriculture, and that a copy of this resolution be immediately forwarded to His Excellency, Franklin D. Roosevelt, President of the United States of America, and
Be it further resolved that a copy of this resolution be immediately transmitted to the members of the Georgia delegation in Congress.
Mr. Odom of Baker moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
Leave of absence was granted Mr. Heard of Elbert.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

THURSDAY, FEBRUARY 25, 1943

827

Representative Hall, Atlanta, Georgia.
Thursday, February 25, 1943.
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 a 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:
I. Introduction of bills and resolutions. 2. First reading and reference of House bills and res~lutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills. The following messages were received from the Senate through Mr. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit: HB 306. By Mr. Dunn of Lamar:
A bill to create a board of commissioners of roads and revenues for Lamar county; and for other purposes. HB 341. By Mr. Dunn of Lamar: A bill to repeal the act creating the board of commissioners of roads and revenues for Lamar county; and for other purposes. Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolutions of the House to wit:

828

JOURNAL OF THE HOUSE,

HR 71. By Messrs. Barfield, Wilson, and Weaver of Bibb:
A resolution to relieve Pete Goddard from liability on the bond of Noah Grimes in the City Court of Macon; and for other purposes.
HR 82. By Messrs. Harris of Richmond, Copland, Smith, and Elliott of Muscogee:
A resolution to fill a specific vacancy on the Western and Atlantic Railroad commission; and for other purposes.
HR 95. By Mr. Gholston of Madison:
A resolution that J. M. LaCount, surety on $200.00 bond of Dave Meadow, be relieved from payment of the $200.00; and for other purposes.
HR 131. By Mr. Key of Jasper and Mrs. Mankin of Fulton:
A resolution providing for and establishing a Jewish homeland in Palestine and its further development for the absorption of Jewish refugees; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 217. By Mr. Broome of DeKalb:
A bill to provide that the wardens, superintendents, of officers in charge of any state prison can segregate certain inmates; and for other purposes.
HB 272. By Mr. Greene of Schley:
A bill to consolidate the office of tax receiver and tax collector in Schley county; and for other purposes.
HB 279. By Mr. Boone of Wilkinson:
A bill amending an act creating a board of commissioners of Wilkinson county; and for other purposes.
HB 334. By Mr. Daves of Dooly:
A bill relating to the creation of the board of commissioners of roads and revenues for Dooly county; and for other purposes.
HB 394. By Messrs. Smith and Roughton of Washington:
A bill amending an act granting to the City of Davisboro in Washington county, a charter; and for other purposes.
HB 396. By Mr. Rossee of Putnam: A bill establishing a new charter for the City of Eatont~n; and for other purposes.

THURSDAY, FEBRUARY 25, 1943

829

HB 408. By Mr. Salter of Upson:
A bill regulating the eligibility of councilmen and aldermen of certain towns and cities in this state; and for other purposes.
HB 421. By Messrs. Gholston of Madison; Price and Hill of Clarke:
A bill to amend the acts incorporating the Town of Hull in Madison and Clarke counties; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the Senate to wit:
SR 47. By Senator Lester of the 18th:
A resolution to authorize state treasurer to destroy old records found to be of no material value in order to provide space for current records.
SR 50. By Senator Dean of the 34th:
A resolution providing that the state administration cooperate fully with the council of state governments and that budget authorities provide specified funds needed and available; and for other purposes.
SR 51. By Senator Lovett of the 16th, Kennedy of the 2nd and others:
A resolution proposing that the secretary of agriculture, Georgia's congressional representatives and the president, be personally advised of the legislature's action by the transmission of copies of the foregoing resolution.
SR 52. By Senator Oden of the 46th:
A resolution memoralizing the Congress of the United States to authorize
the appropriation and expenditure of funds for the purpose of constructing and developing super national highways at the termination of the present war; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 105. By Senator Harrison of the 17th:
A bill to establish a standard of efficiency and character for shorthand reporters in this state; and for other purposes.
SB 106. By Senators Preston of the 27th and Griner of the 45th:
A bill to permit the manufacture of food by the addition of cottonseed, soybean, or peanut oil to skimmed milk, to require labeling; and for other purposes.

830

JOURNAL OF THE HOUSE,

SB 147. By Senator Lester of the 18th:
A bill relating to the filing of annual returns by administrators and executors; and for other purposes.

SB 148. By Senator Lester of the 18th:
A bill providing for the discharge of temporary as well as permanent administrators; and for other purposes.

SB 151. By Senator Shannon of the 21sf:
A bill repealing an act to provide for holding two terms of Twiggs superior court; and for other purposes.
SB 152. By Senator Shannon of the 21st:
A bill changing the terms of the superior court in Twiggs county to provide that said terms be held on the 2nd Mondays in April and October; and for other purposes.
SB 163. By Senator Dean of the 34th:
A bill to create the office of tax commissioner of Rockdale county; and for other purposes.

SB 175. By Senator Millican of the 52nd:
A bill to authorize additional election precincts in a single militia district in unincorporated areas of counties having a population of 200,000 or more according to the U. S. Census of 1940; and for other purposes.

SB 176. By Senator Millican of the 52nd:



A bill to amend an act entitled "An act to abolish in counties of this state

having a population of 200,000 or more according to the U. S. Census of

1940 so as to require the registration cards in the voters' book in such

counties to contain and disclose information regarding naturalization data;

and for other purposes.

SB 177. By Senator Millican of the 52nd:

A bill to require election managers at all elections in counties having a population of 200,000 or more according to the 1940 census or any future census to preserve and seal in a separate envelope directed to the county registrar the application of ballots of those who vote at said election; and for other purposes.

SB 179. By Senator Millican of the 52nd:

A bill to amend an act authorizing the commissioner of roads and revenues for Fulton county, to establish rules and regulatoins governing the payment of pensions to county employees; and for other purposes.

THURSDAY, FEBRUARY 25, 1943

831

SB 182. By Senator Bloodworth of the 23rd: A bill to create and incorporate a new municipality in Houston county, to be known as Warner Robins; to provide a charter for and declare the rights, powers, and privileges of said municipality, and of the officers; and for other purposes.
The following resolution of the House was read and referred to the Committee on Rules:
HR 139. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business beginning after the period of unanimous consents at today's session, to wit:
l. SR 31. Relating to pay for members of the General Assembly. 2. HB 459. Public health. 3. HB 389. Disqualification of judges. 4. HR 101. Payment of rent. 5. HB 521. Amortization plan for income taxes. 6. HB 494. Constitutional amendment in reference to voting stock of sub-
sidiary corporations. 7. SB 125. Appointment of sheriffs by the Governor. 8. HB 133. Insurance. 9. HB 411. Relating to pecans. 10. HB 49. To estop contest life insurance. 11. HB 388. Distribution of intangible tax funds. 12. HB 358. Regulating tobacco warehouses. 13. SB 94. Creating state board of embalmers. 14. SB 117. Reorganizing the state board of public welfare. 15. HB 142. Repealing code section 92-512. 16. SB 156. Constitutional amendment-reference to voting stock of sub-
sidiary corporations. 17. SB 119. Requiring confirmation of appointees. 18. HB 166. Paint bill.

832

JOURNAL OF THE HOUSE,

19. HB 275. Admission to the bar.
20. HB 231. Relating to establishing of county lines in certain counties.
21. SR 15. Eighteen year old voting.
22. HB 428. Relating to fertilizer tags.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time and referred to committees:
HB 584. By Messrs. Broome, Hubert and Turner of DeKalb:
A bill to be entitled an act proposing an amendment to article 7, section 6, paragraph 2 of the constitution authorizing DeKalb county to levy a county wide tax of one mill for educational purposes; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
HB 585. By Messrs. Nicholson of Oconee and McNall of Chatham:
A bill to be entitled an act to provide any person who was in the final semester of his senior dental college year, who has been a resident of Georgia for twenty-five years, and who shall satisfy the board of dental examiners either by passing an examination, and furnishing a certificate signed by ten licensed dentists of his qualifications, shall be issued a license to practice dentistry; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 586. By Mr. Norman of Henry:
A bill to be entitled an act to provide the county commissioners of Henry county shall not draw pay to exceed $270.00 per annum each, except the chairman; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 587. By Mr. Norman of Henry:
A bill to be entitled an act to fix the salary of the clerk of the county commissioners of Henry county at $65.00 per month; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 588. By Mr. Clark of Catoosa:
A bill to be entitled an act to create and establish a new charter for the Town of Ringgold; and for other purposes.
Referred to Committee. on Municipal Government.
HB 589. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to authorize the City of Brunswick to close the

THURSDAY, FEBRUARY 25, 1943

833

alley between sections 9 and 10 of the Dart Homestead Tract; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Welsch 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 and bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 126-545B. Do Pass.
HB 549. Do Pass.
Respectfully submitted,
Welsch of Cobb, Chairman.

Mr. Smith of Muscogee County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker:
Your Committee on Conservation have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 577. Do Pass.
Respectfully submitted,
Smith of M uscogee, Chairman.

Mr. Cowart of Lowndes County, Vice-Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and Senate and have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 573. Do Pass by substitute.
HB 575. Do Pass.

834

JOURNAL OF THE HOUSE,

HB 567. Do Pass. HB 572. Do Pass. HB 582. Do Pass.
SB 172. Do Pass. SB 124. Do Not Pass.
Respectfulfy submitted, Cowart of Lowndes, Vice-Chairman.

Mr. Hatchett of Meriwether: 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 recommendations:
HB 543. Do Pass.
Respectfully submitted,
Hatchett of Meriwether, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills of the House to wit:
HB 52. HB 165. HB 174. HB 306. HB 341. HB 521. HB 529. HB 530.

THURSDAY, FEBRUARY 25. 1943

835

HB 538. HB 546. HB 550.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on. Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House to wit:
HB 256.
HB 346.
Respectfully submitted,
Johnson of Chattahoochee, Chairman.

Mr. Gillis of Treutlen County Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture No. 2 have had under consideration the following bill and resolution of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 583. Do Pass.

SR 53. Do Pass.

HR 119-511A. Do Pass.

HB 27. Do Not Pass. Respectfully submitted,

Gillis of Treutlen, Chairman.

Mr. Daves of Dooly County, Chairman of the Committee on Hy~iene and Sanitation, submitted the following report:

836

JOURNAL OF THE HOUSE,

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 recommendations:
HB 566. Do Pass.
Respectfully submitted,
Daves of Dooly, Chairman.

Mr. Drake of Seminole County, Chairman of the Committee on Public Highways No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Public Highway 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:
HB 515. Do Pass.
HB 558. Do Pass.
Respectfully submitted,
Drake of Seminole, Chairman.

Mr. Ennis of Baldwin County, Chairman of the Committee on Special Appropriations has submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following resolution of the House and have instructed me as Chairman, to report the sar.le back to the House with the following recommendations:
HR 133-577A Do Pass as amended.
Respectfully submitted,
Ennis of Baldwin, Chairman.

Mr. Ennis of Baldwin County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Special Appropriations have had under consideration the

THURSDAY, FEBRUARY 25, 1943

837

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:

HB 479. Do Pass by substitute.

HB 382. Do Pass.

HB 509. Do Pass as amended.

HR 134-577B. Do Pass. Respectfully submitted,

Ennis of Baldwin, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 571. Do Pass.
Respectfully submitted,
Mims of Miller, Chairman.

Mr. McCracken of Jefferson 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:
HB 69. Do Pass by substitute.
HB 470. Do Pass by substitute.
Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Burnside of McDuffie County, Chairman of the Committee on Ways and Means, submitted the following report:

838

JOURNAL OF THE HOUSE,

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:
HB 28. Do Pass by substitute.
HB 258. Do Pass by substitute.
Respectfully submitted,
Burnside of McDuffie, Chairman.

By unanimous consent, the following bills and resolutions, of the House and Senate favorably reported, were read the second time.
H B 28. By Messrs. Grayson and MeN all ot Chatham, Burnside of McDuffie, Connell of Lowndes, Key of Jasper, Thurmond of Hall, McCracken of Jefferson, Hand of Mitchell, Phillips of Columbia and Gowen of Glynn:
A bill to be entitled an act to require payment of all state and county ad valorem taxes on motor vehicles before an application for tag license is granted; and for other purposes.
HB 69. By Mr. Harris of Richmond:
A bill to be entitled an act to provide that persons or corporations constructing and operating grist mills and/or flour mills for toll shall have the right of eminent domain; and for other purposes.
HB 258. By Mr. Fortson of Wilkes:
A bill to be entitled an act to provide that motor vehicle licenses shall be purchased before April 1st of each year; and for other purposes.
HB 470. By Hicks of Floyd, Clark of Catoosa and Mavity of Walker:
A bill to be entitled an act to prohibit the state, counties, municipalities and all tax and revenue collectors from paying to any corporation, firm or individual a percentage of any taxes for the collection thereof; and for other purposes.
HB 515. By Mr. Looper of Dawson:
A bill to be entitled an act to add a certain road in Dawson county to the state highway system; and for other purposes.
HB 543. By Mr. Kendrick of Fulton:
A bill to be entitled an act to provide that all state owned textbooks, shall be printed or manufactured within the State of Georgia provided the quality,

THURSDAY, FEBRUARY 25, 1943

839

price, service and workmanship is equal to work obtained outside the State; and for other purposes.
HB 558. By Mr. Wilbanks of Cherokee:
A bill to be entitled an act to provide that Cherokee county shall pay to officers of the court the actual costs incurred in misdemeanor convicts are worked by the county; and for other purposes.
HB 566. By Messrs. Bynum of Rabun, Fussell of Webster, Adams of Wheeler, Dyal of Appling and Key of Jasper:
A bill to be entitled an act to provide that a doctor's certificate shall be presented to the Ordinary before securing marriage license showing the parties are free from venereal diseases; and for other purposes.
HB 567. By Mr. Crummey of Wilcox:
A bill to be entitled an act to repeal the act abolishing the office of county treasurer of Wilcox county; and for other purposes.
HB 571. By Mr. Gholston of Madison:
A bill to be entitled an act to repeal the act creating the city court of Danielsville; and for other purposes.
HB 572. By Burton of Lee, Mabry and Jennings of Sumter and Horne of Crisp:
A bill to be entitled an act to allow fishing twelve months out of the year with hook and line, rod and reel, and fly rod in the counties of Sumter, Lee, and Crisp; and .for other purposes.
HB 573. By Mr. Gray of Houston:
A bill to be entitled an act to provide for five districts in Houston county and for a member of the board of education to be selected from each district; and for other purposes.
HB 575. By Mr. Yawn of Dodge:
A bill to be entitled an act to require the commissioner of Dodge county to employ a certified public accountant annually to audit the books of various county officials; and for other purposes.
HB 577. By Messrs. Anderson of Wayne, Rowland of Johnson, Ferguson of Camden and Gowen of Glynn:
A bill to be entitled an act to make it a felony for any person to maliciously and willfully fire woods; and for other purposes.
HB 582. By Mr. Minchew of Atkinson:
A bill to be entitled an act to abolish the offices of tax recetver and tax

840

JOURNAL OF THE HOUSE,

collector of Atkinson county and to create the office of tax commissioner; and for other purposes.
HB 583. By Messrs. Key of Jasper, Gillis of Treutlen, Rossee of Putnam, Minchew of Atkinson, Yawn of Dodge, Hagan of Screven, Hubert of DeKalb, Harden of Turner, Bargeron of Burke, Boynton of Union, McCracken of Jefferson, Bentley of Upson and Broome of DeKalb:
A bill to be entitled an act to give paramount power and authority to the commissioner of agriculture to control the sanitation of milk: plants, dairy barns, dairies, milk: sheds, milk: depots, milk:, milk: products, abattoirs, packing houses, slaughter houses, meat markets, meats, meat products, foods and other products for human consumption; and for other purposes.
HR 119-511A. By Messrs. Rossee of Putnam and Crummey of Wilcox:
A resolution authorizing the commissioner of agriculture to promulgate rules and regulations relative to textile and paper shipping bags in conformity with orders of the war production board; and for other purposes.
HR 133-577A. By Messrs. Jennings of Terrell, Durden and Smith of Dougherty, Bridges of Early, Burton of Lee, Hand and Gardner of Mitchell, Curry of Randolph, Branch of Tift and Johnston and Sumner of Worth:
A resolution to authorize the Georgia state guard to pay to the widow of Private J.D. Bridges, of the Georgia state guard, the sum of $1000.00; and for other purposes.
HB 382. By Messrs. Bates and Bennett of Ware:
A bill to be entitled an act to appropriate $97.00 to pay Mrs. W. G. Corbett for damages to her automobile by bullets and shots fired by officers apprehending an escaped convict; and for other purposes.
HB 479. By Messrs. Deal and Brunson of Bulloch and Guyton of Effingham:
A bill to be entitled an act to appropriate the sum of $2500.00 to pay W. Herbert Brannen, who was made prisoner by five escaped convicts in his automobile, and was injured by officers attempting to capture said convicts; and for other purposes.
HB 509. By Messrs. Bynum of Rabun, Oliver of Tattnall, Chance of Twiggs, Pirkle of Forsyth, Mason of Morgan and DuPree of PuJask:i:
A bill to be entitled an act to appropriate $15,000.00 to equip a veterinary diagnostic laboratory in the agricultural department to test cholera serum, and biological products for purity and potency; and for other purposes.
HB 549. By Adams of Wheeler:
A bill to be entitled an act proposing an amendment to article 7, section 7,

THURSDAY, FEBRUARY 25, 1943

841

paragraph 1, of the constitution to authorize the Town of Glenwood to incur a bonded indebtedness to retire bonds due and unpaid as of July 1, 1943; and for other purposes.
HR 126-545B. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution, to authorize Fulton county to make temporary loans between January 1st and December 31st in each year; and for other purposes.
HR 134-577B. By Messrs. Price and Hill of Clarke:
A resolution to authorize the payment of $32,549.80 principal and $34,040.00 interest to the bond holders' committee of Riches, Pivers & Company for calcium arsenate purchased by the state; and for other purposes.
SB 172. By Senator Pittman of the 42nd district:
A biil to be entitled an act to repeal an act entitled "An act to establish a city court in the County of Bartow and for other purposes", and acts amendatory thereof; and for other purposes.
SR 53. By Senator Kennon of the 16th district:
A resolution urging the federal authorities to apply price ceiling to the flue-cured tobacco crop by a method which will not destroy the auction system of selling tobacco; 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:
SB 105. By Senator Harrison of the 17th district:
A bill to be entitled an act to provide a certified shorthand reporters law; to provide a board of examiners and certificates; and for other purposes.
Referred to Committee on Special Judiciary.
SB 106. By Senators Preston of the 27th and Griner of the 45th districts:
A bill to be entitled an act to amend section 42-511 of the code of 1933 relating to the sale of evaporated, condensed or concentrated milk so as to allow the adding of cottonseed, soybean or peanut oil; and for other purposes.
Referred to Committee on General Agriculture No.2.
SB 147. By Senator Lester of the 18th district:
A bill to be entitled an act to amend section 113-1409 of the code of 1933 relating to filing of annual returns by administrators and executors to

842

JOURNAL OF THE HOUSE,

provide for filing returns within 30 days after the expiration of one year, and in January each year thereafter; and for other purposes.
Referred to Committee on General Judiciary No.2.
SB 148. By Senator Lester of the 18th district:
A bill to be entitled an act to amend section 113-2301 of the code of 1933 to provide where a temporary administrator is later appointed permanent administrator, and gives bond with the same surety he gave as temporary administrator, the order of the ordinary discharging him shall relieve he and his surety both as temporary and permanent administrators; and for other purposes.
Referred to Committee on General Judiciary No.2.
SB 151. By Senator Shannon of the 21st district:
A bill to be entitled an act to provide for the holding of two terms of the Twiggs superior court each year, and fix the dates; and for other purposes.
Referred to Committee on Special Judiciary:
SB 152. By Senator Shannon of the 21st district:
A bill to be entitled an act providing for two regular terms of the superior court in Twiggs county on the 2nd Mondays in April and October each year; and for other purposes.
Referred to Committee on Special Judiciary.
SB 175. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize for the provision of militia districts in Fulton county into precinct areas where additional election precincts are authorized; and for other purposes.
Referred to Committee on Privileges and Elections.
SB 176. By. Senator Millican of the 52nd district:
A bill "to be entitled an act to require registration cards in the voter's book in Fulton county, to disclose information regarding naturalization date; and for other purposes.
Referred to Committee on Privileges and Elections.
SB 177. By Senator Millican of the 52nd district:
A bill to be entitled an act to require election managers in Fulton county, to preserve the applications for ballots of voters; and for other purposes.
Referred to Committee on Privileges and Elections.

THURSDAY, FEBRUARY 25, 1943

843

SB 179. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the pension act to Fulton county to increase the amount of maximum payable; to provide for payments of pensions for lesser periods of service; to create a pension board for Fulton county; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 182. By Senator Bloodworth of the 23rd district:
A bill to be entitled an act to incorporate a new municipality in Houston county, to be known as Warner Robins; to declare the rights, powers, and privileges of said municipality and its officers; and for other purposes.
Referre dto Committee on Municipal Government.
SR 47. By Senator Lester of the 18th district:
A resolution to authorize state treasurer to destroy old records found to be of no material value m order to provide space for correct records; and for other purposes.
Referred to Committee on State of Republic.
SR 50. By Senator Dean of .the 34th district:
A resolution resolving that the state administration cooperate fully with the council of state governments and that budget authorities provide specified funds needed and available; and for other purposes.
Referred to Committee on Interstate Cooperation.
SR 51. By Senators Lovett of the 16th, Kennedy of the 2nd, Harrison of the 17th, Arnold of the 26th, Forester of the 44th, Griner of the 45th, Shannon of the 21st, Eubank of the 29th, Pittman of the 42nd and Lester of the 18th districts:
A resolution proposing that the secretary of agriculture, Georgia's congressional representatives and the President, be personally advised of the legislature's action by the transmission of copies of the foregoing resolution; and for other purposes.
Referred to Committee on General Agriculture No. 2.
SR 52. By Senator Oden of the 46th district:
A resolution memoralizing the Congress of the United States to authorize the appropriation and expenditure of funds for the purpose of constructing and developing super national highways at the termination of the present war; and for other purposes.
Referred to Committee on Public Highways No. 2.

844

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 440. By Messrs. Hubert, Broome, and Turner of DeKalb: A bill to be entitled an act to create and establish a DeKalb county planning commission and board of zoning appeals; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 517. By Messrs. Turner, Broome and Hubert of DeKalb:
A bill to be entitled an act to amend charter of the City of Atlanta by extending the city limits so as to include a part 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 532. By Mr. Pirkle of Forsyth: A bill to be entitled an act to repeal an act approved February 18, 1943 creating a board of commissioners of roads and revenues for Forsyth county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 533. By Messrs. Hooks and Rountree of Emanuel:
A bill to be entitled an act to abolish the office of tax receiver and tax collector of Emanuel county, and to create the office of tax commissioner of Emanuel county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill. was agreed to.
On the passage of the bill, the ayes were 107, the nays 0. The bill having received the requisite constitutional majority was passed.

THURSDAY, FEBRUARY 25, 1943

845

HB 536. By Mr. Crummey of Wilcox:
A bill to be entitled an act to amend an act approved December 2, 1897, (Georgia laws 1897). entitled an act to incorporate the City of Abbeville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 537. By Mr. Woodruff of Barrow:
A bill to be entitled an act giving a new charter to the City of Winder, found in the acts of 1917, p. 926, and approved August 4, 1917, by adding the following provision; the members of the board of education elected by the mayor and council not be prohibited from having business dealings with the City of Winder; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 540. By Mr. Crummey of Wilcox:
A bill to be entitled an act to amend an act establishing the City of Rochelle, approved August 10, 1908 (Georgia laws 1909) to provide that the city may assess property in rem that has not been returned for taxation, and may issue an execution in rem that has not been returned for taxation; and may issue an execution in rem for the enforcement and collection thereof; to provide that the marshal shall have the authority to place purchaser of a tax deed in possession of the property so purchased; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 551. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A qill to be entitled an act to amend the pension act, so as to provide a pension for Mrs. Chas. E. Lyle, widow of a veteran county employee; and for other purposes.

846

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 111, the- nays 0.
The bill having received the requisite constitutional majority was passed.
HB 561. By Mr. Ferguson of Camden:
A bill to be entitled an act to amend an act incorporating the Town of Woodbine in Camden county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0. The bill having received the requisite constitutional majority was passed. HB 563. By Mr. Overby of Stewart:
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 Stewart; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed. HB 564. By Mr. Overby of Stewart:
A bill to be entitled an act to amend an act creating the office of disbursing clerk in Stewart county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed. HB 569. By Mr. Bowen of Pierce:
A bill to be entitled an act to provide for the payment from county funds of the bond of the sheriff of Pierce county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, FEBRUARY 25, 1943

847

SB 89. By Senator Brock of the 37th district: A bill to be entitled an act to amend an act incorporating the City of Carrollton; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 155. By Senator Kennedy of the 2nd district: A bill to be entitled an act to incorporate the City of Collins in 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 117, the nays 0. The bill having received the requisite constitutional majority was passed. SB 158. By Senator Kennedy of the 2nd district:
A bill to be entitled an act to abolish the charter of the City of Collins, Tattnall 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 118, the nays 0. The bill having received the requisite constitutional majority was passed. The following report of the Committee on Rules was read and adopted: Your Committee on Rules has had HR 139 under consideration and reports the same back to the House with the recommendation that same do pass.
Fortson of Wilkes, Vice-Chairman.
HR 139. By Mr. Durden of Dougherty: A RESOLUTION
Be it resolved by the House that the following bills and resolutions be, and the same are hereby, established as a special and continuing order of business beginning immediately after the period of unanimous consents at today's session, to wit:
1. SR 31. Relating to pay for members of the General Assembly.

848

JOURNAL OF THE HOUSE,

2. HB 459. Public health. 3. HB 389. Disqualification of judges. 4. HR 101. Payment of rent. 5. HB 521. Amortization plan for income taxes. 6. HB 494. Constitutional amendment in reference to voting stock: of sub-
sidiary corporations. 7. SB 125. Appointment of sheriffs by the Governor. 8. HB 133. Insurance. 9. HB 411. Relating to pecans. 10. HB 49. To estop contest life insurance. 11. HB 388. Distribution of intangible tax funds. 12. HB 358. Regulating tobacco warehouses. 13. SB 94. Creating state board of embalmers. 14. SB 117. Reorganizing the state board of public welfare. 15. HB 142. Repealing code section 92-512. 16. SB 156. Constitutional amendment-reference to voting stock of subsidiary
corporations. 17. SB 119. Requiring confirmaiton of appointees. 18. HB 166. Paint bill. 19. HB 275. Admission to the bar. 20. H B 231. Relating to establishing of county lines in certain counties. 21. SR 15. Eighteen year old voting. 22. HB 428. Relating to fertilizer tags.
By unanimous consent, HR 139 was adopted.
Mr. Welsch of Cobb arose to a point of personal privilege and addressed the House.
Under the special and continuing order of business established by HR 139 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage: SR 31. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th,
Whitworth of the 28th, Hall of the 50th, Stark of the 33rd, Martin of the 13th, Bloodworth of the 23rd, Raynor of the 4th, Bloodworth of the 22nd,

THURSDAY, FEBRUARY 25, 1943

849

Ennis of the 20th, Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th, and Kaigler of the 12th districts:
A Resolution-Proposing to the people of Georgia that Paragraph 1, of Section 9 of Article 3 (Section 2-2001 of the Code of Georgia) of the constitution be amended by striking and repealing said Paragraph and inserting in lieu thereof a new Paragraph to provide that members of the General Assembly shall receive $600.00 as full compensation for the complete legislative session and traveling expenses not to exceed lOc per mile; to provide that this amendment shall not become effective until the proposed amendment to Paragraph 3 of Section 4 of Article 3 is ratified and becomes law, the same providing among other things that the session of the General Assembly shall last no longer than 60 days; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
That Paragraph 1 of Section 9 of Article 3 (Section 2-2001 of the Georgia Code) of the Constitution of Georgia be amended by striking and repealing said Paragraph 1 in its entirety and substituting in lieu thereof a new Paragraph to read as follows:
"Members of the General Assembly shall receive the sum of $600.00 as full compensation for the complete legislative session; and mileage shall not exceed JOe for each mile traveled, by the nearest practicable route, in going to and returning from, the Capitol.
Section 2.
That this amendment shall not become effective until the proposed amendment to Paragraph 3 of Section 4 of Article 3 is ratified and becomes law, the same providing, among other things, that the session of the General Assembly shall last no longer than sixty days.
Section 3.
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, 1939.
The following committee substitute to SR 31 was read and adopted:
A Resolution proposing to the people of Georgia that Paragraph 1 of Section 9 of Article 3 (Section 2-2001 of the Code of Georgia) of the Constitution be amended by striking and repealing said Paragraph 1 and inserting in lieu thereof a new paragraph to provide that members of the General

850

JOURNAL OF THE HOUSE,

Assembly shall receive a per diem of ten ($10.00) dollars and mileage not to exceed the ( lOc) cents per mile and to fix the per diem of the President of the Senate and the speaker of the House of Representatives; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, AS FOLLOWS:

Section 1. That Paragraph I of Section 9 of Article 3 (Section 2-200I of the
Code of Georgia) of the Constitution of Georgia be amended by striking and repealing said Paragraph I in its entirety and substituti~g in lieu thereof a new paragraph
to read as follows:

"Paragraph 1. The per diem of the members of the General Assembly shall be ten ($10.00) dollars; and mileage shall not exceed ten ( lOc) cents for each mile travelled, by the nearest practicable route, in going and returning from the Capitol; but the President of the Senate and the Speaker of the House of Representatives shall each receive fifteen ($I5.00) dollars per day.

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 Journal 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 24th, I939.

The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to.

The resolution being a constitutional amendment, which requires a two-thirds

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

Those voting in the affirmative were:

Alexander Allison Anderson Baker Battles Barfield Bargeron Bennett Boone Bowen Boynton Branch Brewton Broome

Brunson Burnside Burton Bynum Campbell of Polk Chance Cheshire Clark Copland Cowart Crummey Curry Daves Deal

Dorsett Dorsey Drake Dukes Dunn DuPree Dyal Edwards Ennis Etheridge Ferguson Fortson Foster Fussell

THURSDAY, FEBRUARY 25, 1943

851

Gaskins Gaston Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Hardy Hart of Quitman Hartness Hatchett Hefner Herndon Hicks Hightower Hill of Troup Holley Hooks Howard Hubert Hurst Jennings of Sumter Joiner

Johns

Peck

Johnson of Chattahoochee Pirkle

Jones

Porter

Kelly of Walker

Price

Kendrick

Ray

Key

Reynolds

Knabb Littlej~hn

Riley Rossee

Livingston

Rowland

Looper

Salter

Mabry

, Sharpe

Malone

Smiley

Mankin

Smith of Carroll

Mavity

Smith of Dougherty

Maund

Smith of Muscogee

McCamy

Smith of Oglethorpe

McCracken

Sparks

McEntire

Sumner

Medders

Swint

Mills

Thigpen

Mims

Thomas

Minchew

Thompson

Mitchell

Thrash

Mixon

Thurmond

Moore of Taliaferro

Weaver

Nicholson of Oconee

Welsch

Nicholson of Richmond Wells of Telfair

Ogburn

Wilbanks of Cherokee

Oliver

Williams of Coffee

Overby

Willoughby

Padgett

Wilson

Park

Those voting in the negative were:

Bridges Caldwell Cannon Cates Culpepper Dalton Hogg Johnson of Pike Mason

Mcintosh Moate Norman Odom Pannell Parker Powell Pruitt Russell

Strickland Waller Warnock Wells of Ben Hill Whipple Williams of Harris Woodruff Yawn

852

JOURNAL OF THE HOUSE,

Those not voting were:

Allison Baker Bates Barfield Boynton Broome Burton Caldwell Cowart Daves Dunn Gaskins Grayson Guyton

Harden Heard Hefner Hicks Hill of Clarke Hooks Hubert Kelly of Walker Key ' Littlejohn Livingston Looper Moore of Baldwin

Moore of Taliaferro Odom Peck Ray Riddlespurger Salter Sills Sparks Thomas Turner Warnock Wilbanks of Habersham Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, by substitute, the ayes were 138, the nays 26.

The resolution having received the requisite constitutional two-thirds majority was adopted, by substitute.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 341. By Mr. Dunn of Lamar:

A bill to be entitled an act to repeal an act creating an advisory board to be in charge of roads and revenues for the County of Lamar; and for other purposes.
The following Senate amendment to HB 341 was read:
Senator Bloodworth of the 22nd district moves to amend HB 341 by adding thereto another paragraph to read as follows:

Section 5. Be it further enacted by the authority aforesaid that the ordinary of Lamar County shall call an election to be held on the 5th day of May, 1943, 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 thirty (30) days prior to the date of holding said election in the newspaper in said County in which Sheriff's 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 Advisory Board of Lamar County, and all persons who are opposed to the adoption of this Act shall have written or printed on their ballots the words Against abolishing the Advisory Board of Lamar County. If a majority of the registered, qualified voters of the County of Lamar voting in said election, vote in favor of abolishing the. Advisory Board of Lamar County, then this

THURSDAY, FEBRUARY 25, 1943

853

Act shall go into effect on the tenth day of May following said election. If a majority

of the registered qualified voters of Lamar County voting in said election, vote against

the abolition of the Advisory Board of Lamar County, then this Act shall be null and

void and of no effect.



Mr. Dunn of Lamar moved that the House disagree to the Senate amendment to H B 341 and the motion prevailed.

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

HB 306. By Mr. Dunn of Lamar:
A bill to be entitled an act to create a board of commissioners of roads and revenues for the County of Lamar; and for other purposes.

The following Senate amendment was read:
Senator Bloodworth of the 22nd district moves to amend HB 306 by adding thereto another paragraph to read as follows:
Section 15. Be it further enacted by the authority aforesaid that the Ordinary of Lamar County shall call an election to be held on the 5th day of May, 1943, 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 thirty (30) days prior to the date of holding said election in the newspaper in said county in which sheriff's 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 the creation of a Board of Commissioners of Roads and Revenues in and for the County of Lamar", that all persons opposed to the adoption of this Act shall have written or printed on their ballots: "Against the creation of a Board of Commissioners of Roads and Revenues in and for the County of Lamar". If a majority of the registered, qualified voters favor the creation of a Board of Roads and Revenues for the County of Lamar, then this Act shall go into effect 10 days after the 5th day of May, 1943, and Section 11 above of this Act shall not become effective unless and until the referendum provided for in this Section shall have been complied with.
Section 16. If a majority of the registered, qualified voters of the County of Lamar voting in said election vote against the creation of a board of roads and revenues for the County of Lamar, then this Act shall be null and void and of no effect.
Mr. Dunn of Lamar moved that the House disagree to the Senate amendment to HB 306 and the motion prevailed.
The following Senate amendment to HB 306 was read:
Senator Bloodworth of the 22nd district moves to amend HB 306 by striking the name "Dan I. Armstead" in line three of Section 2 and wherever the same may appear in said bill and substituting therefor the name Dr. D. G. Berry.

854

JOURNAL OF THE HOUSE,

Mr. Dunn of Lamar moved that the House disagree to the Senate amendment to HB 306 and the motion prevailed.

The following bill of the House was taken up for the purpose of considering the

Senate amendment thereto:

'

HB 52. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend the act fixing the amount of fees sheriffs of the state are entitled to so as to provide a fee for summoning a jury while the city or superior courts are in session; and for other purposes.

The following Senate amendment was read:

Senator Bloodworth of the 22nd district moves to amend HB 52, by adding at the end of section 1, the following: In all counties where the sheriffs are paid a salary the provisions of this Act shall not apply.

The following House amendment to the Senate amendment to HB 52 was read and adopted :
Mr. Thigpen of Glascock moves to amend the Senate amendment to HB 52 by inserting in the amendment immediately following the words "paid a salary" the word "only" so that said amendment shall read as follows: In all counties where the sheriff is paid a salary only, the provisions of this Act shall not apply.
Mr. Thigpen of Glascock moved that the House adopt the Senate amendment to HB 52, as amended.
On the motion to adopt the Senate amendment to HB 52 as amended, the ayes were 108, the nays 0.
The motion prevalied and the Senate amendment to HB 52 was adopted, as amended.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 174. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to amend the homestead exemption laws by changing the time of filing application from April 1 to May 1 ; and for other purposes.
The following Senate amendment was read:
Senator Bloodworth of the 22nd district moves to amend HB 174 by adding at the end of section one of said act, and immediately following the words "municipal purposes" a new paragraph to read as follows:
Where the property is jointly owned by the occupant and others, such occupant or occupants shall be entitled to an exemption up to the maximum amount allowed by

THURSDAY, FEBRUARY 25, 1943

855

law in proportion that the occupant's or occupants' interest in the property bears to the total tax assessed value of such property.
Mr. Deal of Bulloch moved that the House disagree to the Senate amendment to HB 174 and the motion prevailed.
Under the special and continuing order of business established by HR 139 the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 459. By Mr. Thigpen of Glascock:
A bill to be entitled an act to authorize the state board of health to issue birth certificates only as to the name of child, date of birth, place of birth, color, sex; and for other purposes.
The report 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 7.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House tp wit:
HB 256. By Messrs. Fortson of Wilkes; Phillips of Columbia and Dorsey of Cobb: A bill to provide that persons or corporations constructing, running or operating pipe lines for the transportation of petroleum and petroleum products shall have the right of eminent domain; and for other purposes.
Under the special and continuing order of business established in HR 139 the following bills and resolutions of the House were taken up for consideration, read the third time, and placed upon its passage.
HB 389. By Messrs. Grayson and Alexander of Chatham, Allison of Gwinnett and Gilbert of Glynn:
A bill to be entitled an act to provide that no judicial officer shall be disqualified from. presiding in any proceeding because of being a policy holder in any mutual insurance company; and for. other purposes.
By unanimous consent, HB 389 was tabled.
HR 101-447A. By'Mr. Thomas of Chattooga:
A resolution to appropriate the sum of $350.00 to pay Dr. 0. A. Selman

856

JOURNAL OF THE HOUSE,

past due rent on the Chattooga county bank building now in liquidation, and to surrender possession of the property; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 106, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

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

HB 256. By Messrs. Fortson of Wilkes, Phillips of Columbia, and Dorsey of Cobb:
A bill to be entitled an act to provide that persons or corporations running a pipe line for the transportation of petroleum and petroleum products shall have the right of eminent domain; and for other purposes.

The following Senate amendment was read:
Senator Jones of the 3rd district moves to amend HB 256 by striking from the first line of the title thereof the words "persons or" and by striking from the fifth line of the title thereof the words "persons or" and from the third line of section 1 the words "persons or" and from the ninth line of section 1 the words "persons or" and by adding after the word "State" in the third line of section 3 the words "and which are domesticated in this State."
Mr. Fortson of Wilkes moved that the House aaopt the Senate amendment to HB 256.
On the motion to adopt the Senate amendment to HB 256, the ayes were 107, the nays 0.
The motion prevailed and the Senate amendment to HB 256 was adopted.
Under the special and continuing order of business established by HR 139 the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 521. By Mr. Caldwell of Troup and Hand of Mitchell:
A bill to be entitled an act to authorize the dedUI;tion of amortization for emergency or war facilities from gross income in computing income taxes for the State of Georgia; and for other purposes.
The following substitute was read and adopted:
By Mr. Caldwell of Troup:

THURSDAY, FEBRUARY 25, 1943

857

A BILL
To be entitled an Act to authorize accelerated amortization of emergency facilities in computing income taxes to the State of Georgia at the same rate as allowed by the Government of the United States in computing federal income taxes; to restrict such amortization to the amount allowed by the federal government; to define emergency facilities; to authorize the Commissioner of Revenue to pay refunds on taxes accruing during the calendar years 1940, 1941 and 1942; to provide that such amortization shall be construed in conjunction with the laws of Georgia relating to apportionment of income in proper instances; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That for the purpose of this Act "emergency facilities" shall be construed to mean property, both real and personal, built, bought, or acquired subsequent to December 31, 1939, and which properties have been construl!d by the authorities of the United States Government to come within that class of property or facilities included in the federal statute allowing accelerated amortization of facilities used primarily for war purposes, and for which facilities the certificate of approval required under the federal statute has been issued by the Secretary of War or the Secretary of the Navy.
Section 2. From and after the passage of this Act and its approval by the Governor, any taxpayer shall be allowed to deduct from gross income in computing net taxable income amortization of emergency facilities in the same amount and for the same period of time as is allowed the same taxpayer by the federal authorities in compueting federal income taxes when such taxpayer shall have applied for and obtained the certificate of approval as to such amortization on federal income taxes from the Secretary of War or from the Secretary of the Navy. This deduction shall apply only to emergency facilities as herein defined. As to any facility on which such accelerated amortization shall apply and shall be claimed and allowed, no other or further amortization or depreciation shall be deducted by such taxpayer during the same period for which such accelerated amortization is allowed.
Section 3. Be it further enacted by the authority aforesaid that the operation of this statute and the computations of allowances provided herein shall be restricted in their use and effect solely to the computation of income taxes due the State of Georgia, and provided further that after any taxpayer shall have recovered or restored through the amortization provided by this Act the net depreciated cost of such facility as of December 31, 1939 or any date subsequent to such date, no further amortization or depreciation as to such facilities shall be allowed such taxpayer. Provided further, that the accelerated amortization allowed herein does not and shall not be construed to change, alter or amend in any way the allocation and apportionment statutes of this State as to income earned or derived from sources within and without the State of Georgia.
Section 4. Be it further enacted by the authority aforesaid that any taxpayer

858

JOURNAL OF THE HOUSE,

who does not owe the State of Georgia any taxes accruing prior to :\larch 16, 1940, who shall have made a return and paid taxes which would be affected by the other terms of this statute, shall make an amended return and a claim for refund, in the form required by the Department of Revenue of the State o.f Georgia, and upon approval of such claim by the Commissioner of Revenue, such refund to such taxpayer shall be paid as refunds on income taxes are now paid by the Office of said Commissioner.
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 substiute, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
HB 494. By Mr. Harris of Richmond:
A bill to be entitled an act proposing an amendment to the constitution so as to exempt from ad valorem and intangible taxes the common voting stock of subsidiary corporations where ninety per cent thereof is held by a Georgia corporation; and for other purposes.
By unanimous consent, H B 494 was tabled.
SB 125. By Senators Kaigler of the 12th and Pope of the 7th districts: A bill to be entitled an act to amend the code so as to provide that \vhen a vacancy occurs in the office of sheriff because said sheriff has entered the armed forces, the Governor may appoint a competent person for the unexpired term; and for other purposes.
Mr. Smith of Carroll moved that SB 125 be tabled and the motion prevailed.
H B 133. By Messrs. Allison of Gwinnett and Burnside of McDuffie: A bill to be entitled an act to levy a fee of $5.00 against each insurance company for every agent and to levy a premium tax of one and one-half per cent; and for other purposes.
Mr. Fortson of Wilkes moved that the House recess until 2:00 o'clock and the motion prevailed.
2:00P.M.
The Speaker called the House to order.
Mr. Smith of Dougherty moved that the following bill of the Senate be taken from the table.
SB 125. By Senators Kaigler of the 12th and Pope of the 7th districts: A bill to be entitled an act to provide that the Governor may appoint a

THURSDAY, FEBRUARY 25, 1943

859

competent person to fill the unexpired term of any sheriff who has had to enter the armed forces; and for other purposes.

The motion to take SB 125 from the table prevailed and SB 125 was placed in its proper place on the calendar.

Mr. Woodruff of Barrow moved that the following bill of the House be taken from the table:

HB 425. By Mr. Woodruff of Barrow: A bill to be entitled an act to regulate the labeling, sale and offering for sale of seed ; and for other purposes.

On the motion to take HB 425 from the table, Mr. Woodruff of Barrow moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Alexander Allison Barfield Bentley Boone Boynton Broome Brunson Bynum Campbell of Polk Chance Connell Cowart Dalton Deal Dorsey Drake DuPree Durden Easler Ennis Fortson Foster Gardner Gaskins Gaston Gholston Giddens Goldberg

Gray

:\IcEntire

Greene of Schley G~erry

MeN all Medders

Guyton

Mims

Hagan

Minchew

Hand

Mitchell

Harden

Mixon

Hardy

Moate

Hatchett

Moore of Taliaferro

Hefner

Nicholson of Richmond

Herndon

Norman

Hicks

Odom

Hightower

Ogburn

Hill of Clarke

Oliver

Hill of Troup

Overby

Hogg

Padgett

Hubert

Pannell

Hurst

Park

Jennings of Terrell

.Pirkle

Johnson of Chattahoochee Porter

Jones

Powell

Kelly of Walker

Price

Littlejohn

Pruitt

Looper

Ray

Malone

Reid

Mason

Reynolds

Maund

Russell

McCamy

Salter

McCracken

Sheppard

860

JOURNAL OF THE HOUSE,

Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Sparks Strickland Sumner Swint

Thigpen Thomas Thompson Thurmond Turner Waller Warnock Weaver

Those voting in the negative were:

Bowen Branch Brewton Cheshire

Daves Edwards Hooks

Those not voting were:

Adams Alwood Anderson Baker Bates Battles Bargeron Bennett Bridges Burnside Burton Caldwell Campbell of Newton Cannon Cates Clark Copland Crummey Culpepper Curry Dallis Dorsett Dukes Dunn Dyal Elliott Etheridge Ferguson

Fisher Fussell Gavin Gillis Gowen Graham Grayson Greene of Jones Hart of Quitman Hart of Thomas Hartness Heard Holley Horne Howard Jennings of Sumter Joiner Johns Johnston Kelly of Thomas Kendrick Key Knabb Mabry Mankin Martin Mavity Mcintosh

Welsch Wells of Ben Hill Wilbanks of Cherokee Williams of Coffee Wilson Woodruff Yawn
Johnson of Pike Livingston Williams of Harris
Miller Mills Moore of Baldwin Nicholson of Oconee Parker Peck Pettit Phillips Rees Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Sharpe Sills Smiley Smith of Washington Thrash Wells of Telfair Whipple Wilbanks of Habersham \Villiams of Gwinnett Willoughby Wright Mr. Speaker

THURSDAY, FEBRUARY 25, 1943

861

By unanimous consent, verification of the roll call was dispensed with.
On the motion to take HB 425 from the table, the ayes were 111, the nays 10.
The motion prevailed and HB 425 was taken from the table and placed in its proper place upon the calendar.
The following messages were received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House to wit:
SB185. By Senator Millican of the 52nd:
A bill to provide for tax return of all persons and corporations engaged in and operating pipe lines for the transportation of petroleum or petroleum products to be made to the state revenue commissioner as now provided by law for public utilities; and for other purposes.
HB 346. By Mr. Hatchett of Meriwether and others:
A bill relating to additional compensation for the court reporter of Coweta judicial circuit; and for other purposes.
Mr. Speaker:
The Senate has concurred in the House amendment to the following bill of the Senate to wit:
SB 55. By Senator Arnold of the 26th:
A bill relating to compensation of court reporters in criminal cases; and for other purposes.
Mr. Speaker:
The Senate insists on its amendments to the following bill of the House to wit and asks that a Committee of Conference be appointed:
HB 174. By Messrs. Deal and Brunson of Bulloch:
A bill to amend the act providing for exemption of taxation to the owner of personal property by providing for applications to be filed by May 1; instead of April 1, of this year; and for other purposes.
The president has appointed a Conference Committee, on the part of the Senate as follows:
Senators: Bloodworth of the 22nd, Millican of the 52nd, and Kennedy of the 2nd.

862

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following blil of the Senate to wit:
SB 166. By Senators Eubank of the 29th and Gross of the 31st:
A bill to amend an act approved December 24, 1938, (Ga. laws 1937-38, extra session, pages 292-293) amending section 92-3701 of the 1933 code of Georgia providing the purposes for which county taxes may be levied by setting out the additional purposes of paying old-age assistances; and for other purposes.
At this time the members of the House presented Judge Park of Greene county with a radio and a birthday cake in remembrance of his birthday and as a token of appreciation for his long and faithful services to the public and as a member of the House of Representatives. The presentation was made by Governor Arnall on behalf of the entire House.
The speaker presented Mayor W. B. Hartsfield of the City of Atlanta to the House who extended a word of welcome to the General Assembly on behalf of the City of Atlanta.
Further consideration of the following bill of the House was resumed:
HB 133. By Messrs. Allison of Gwinnett and Burnside of McDuffie: A bill to be entitled an act to levy a text of $5.00 against each insurance company for every agent, and to levy a premium tax of one and one-half per cent; and for other purposes.
Mr. Park of Greene moved that further consideration of HB 133 be postponed until Monday, March l, 1943 and the motion prevailed.
HB 411. By Messrs. Smith and Durden of Dougherty:
A bill to be entitled an act to regulate the buying and selling of pecans; and for other purposes.
Mr. Hand of Mitchell moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 49. By Mr. Park of Greene:
A bill to be entitled an act to estop the contesting of insurance policies that have been in full force and effect for two years; and for other purposes.

THURSDAY, FEBRUARY 25, 1943

863

The. following committee substitute was read and adopted: A bill to be entitled an act to estop any life surance company from contesting liability of the life insurance provisions of any insurance policy that may be written on the life of any person on 'the ground of misrepresentation by the insured or the beneficiary to obtain the insurance or to obtain the reinstatement of the policy, if the policy has been in force during the lifetime of the insured for a period of two years after the issuance of said policy, in case of misrepresentations made to obtain the insurance, or if the policy has been in force during the lifetime of the insured for a period of two years after the policy has been reinstated, in case of misrepresentations made to obtain reinstatement; to repeal all laws and parts of 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 authority of the same:
That from and after the passage of this Act, no insurance company shall, with respect to life insurance risks assumed by the company as provided in the life contest liability as to such life insurance provisions on the ground of misrepresentations made by the insured or the beneficiary to obtain the issuance of such policy, insurance provisions of any policy written by said company on the life of any person, after the policy has been in force during the lifetime of the insured for a period of two years from the date of the issuance of said policy; nor shall any such insurance company contest liability as to such life insurance provisions on the ground of misrepresentations made by the insured or the beneficiary to obtain the reinstatement of such policy, after the policy has been in force during the lifetime of the insured for a period of two years from the date of the reinstatement of said policy.
Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
HB 388. By Messrs. Dorsey and Welsch of Cobb:
A bill to be entitled an act to amend the intangible tax act to provide inde-
pendent school districts located in municipalities shall share in the taxes derived therefrom; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.

864

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.
I
HB 358. By Messrs. Medders of Bacon, Oliver of Tattnall, Williams of Coffee, Gaskins of Berrien, and Fisher of Jeff Davis:
A bill to be entitled an act to regulate the operation of tobacco warehouses; and for other purposes.

Mr. Gaskins of Berrien moved that further consideration of HB 358 be postponed until Monday, March 1, 1943 and the motion prevailed.

The following bill of the House was taken up for the purpose of considering the Senate substitute therefor:

HB 67. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to fix the salary of the deputy insurance commissioner of the State of Georgia; and for other purposes.
The following Senate substitute was read:
A bill to be entitled an act to fix the salary of the Deputy Insurance Commissioner of the State of Georgia; to repeal Section 56-102 of the Code of the State of Georgia; 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 the same:
Section 1. That from and after the approval of this act, the salary of the deputy Insurance Commissioner shall be fixed by the Insurance Commissioner of the State of Georgia and Comptroller General. No other salary, fees or compensation by virtue of his office as Deputy Insurance Commissioner shall be paid to him, other than that fixed by the Insurance Commissioner and said Comptroller General.
Section 2. Section 56-102 of the Code of Georgia and all laws and parts of laws in conflict with this Act are repealed.
Mr. Deal of Bulloch moved that the House disagree to the Senate substitute and the motion prevailed.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 43. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize the superior courts to hear and determine the place of birth of persons on petition for birth certificates; and for other purposes.
The following House substitute was read:

THURSDAY, FEBRUARY 25, 1943

865

Substitute for SB 43 :
A bill to be entitled an act to provide for the registration of births which occurred within the State of Georgia or within any other state in the United States which are not on record in the office of the Georgia Department of' Public Health, the office of the Ordinary, the office of the city or county health department, or the proper office in the state in which such birth occurred; to designate the persons who may make application for such registration and the place at which such application shall be made; to provide for the method of making such application, the contents of such application and the fee to be paid in connection therewith; to designate the person who shall receive and examine such application and issue such certificate of birth; to provide for the examination of such applications and supporting evidence and to provide for the filing of such birth certificates and the second originals thereof; to provide for the issuance of delayed birth certificates where satisfactory documentary evidence is not available; to provide for the forms on which delayed birth certificates shall be issued and to provide that a certified copy of the original record or the two originals of such delayed birth certificates shall be admissible in evidence in all courts of record in the State of Georgia; to specify- the purpose for which fees received under the terms of this Act shall be disbursed; to repeal all laws or parts of law in conflict herewith; 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. Whenever a birth which occurred in the State of Georgia or in any other State of the United States is not on record in the office of the Georgia Department of Public Health, the office of the ordinary, the office of the City or County Health Department, or the proper office in the State in which such births occurred, application for the registration of the birth may be made by the interested person to the ordinary of the county of such persons residence in Georgia or the county of such persons birth.
Section 2. The application for registration of births shall be sworn to by the person making application before a person authorized to administer oaths under the laws of Georgia, and such application shall set forth all the facts required on the delayed certificate of birth to be prescribed by the Georgia Department of Public Health, and such application shall be supported by such evidence as shall be prescribed by the Georgia Department of Public Health. The application and evidence shall be accompanied by an examination fee of $2.00 and a filing fee of 50c, a total fee of $2.50.
Section 3. Any employer in Georgia may, upon the approval of the Georgia Department of Public Health, employ a person to issue delayed birth certificates under the terms of this Act. The person to be employed shall first be approved by the Georgia Department of Public Health and upon such approval he shall be depu-

866

JOURNAL OF THE HOUSE,

tized by the ordinary of the county in which he is to work. When such person is deputized, as herein provided, he shall have the same power and authority as the ordinary has under the terms of this Act. Wherever such person is employed and deputized, the fee herewith provided shall be disbursed as follows: SOc of same shall be forwarded to the Georgia Department of Public Health for the filing and recording of such delayed birth certificate and the remainder of said fee shall be paid to the ordinary of the county in which such delayed certificate of birth is issued for filing the evidence and making a certified copy of the delayed certificate of birth for the applicant.
Section 4. The ordinary or deputy herein provided for shall examine the evidence and application and if satisfied that the facts set forth in the application are true and that the evidence authorizes the issuance of the delayed certificate of birth under the rules and regulations to be issued by the Georgia Department of Public Health, he shall issue an original and a second original delayed certificate of births to the applicant. The first original of the delayed certificate of birth shall be forwarded to the Georgia Department of Public Health, together with the filing fee of SOc within five days from the date of the approval of the certificate by the ordinary or deputy who shall retain the second original of the certificate for his files. In the event that satisfactory documentar yevidence is not available and it is impossible for the applicant to furnish evidence as required by Section 2 of this Act, then the ordinary shall take the testimony of the applicant and such witnesses as he may care to produce and shall file a transcript of the testimony in his office, if such testimony authorizes an issuance of the delayed birth certificate under dle rules and regulations to be issued by the Georgia Department of Public Health. The ordinary or the deputy may issue the delayed certificate of birth as herein provided and shall forward a transcript of the testimony, together with the original copy of the delayed certificate of birth, to the Georgia Department of Public Health.
Section S. The delayed certificate of birth shall be on a form prescribed by the Georgia Department of Public Health and shall be properly signed by the ordinary of the deputy herein provided for.
Section 6. A certified copy of the original delayed certificate of birth from the files of the Georgia Department of Public Health, or from the second original retained by the ordinary, shall be admissible in evidence in all courts of record in the State of Georgia.
Section 7. The Georgia Department of Public Health shall keep a correct account of all fees received under the terms of this Act and shall use the same in the administration of this Act.
Section 8. All laws or parts of law in conflict with the terms of this Act are hereby repealed.
Section 9. This act shall become effective immediately upon its passage and approval.
Mr. Fortson of Wilkes moved that the House insist on its substitute and that

THURSDAY, FEBRUARY 25, 1943

867

a Committee of Conference be appointed to confer with a like committee of the Senate and the motion prevailed.
The speaker appointed as a Committee of Conference on the part of the House the following members of the House to wit:
Messrs. Smith of Muscogee, Gowen of Glynn, and McCracken of Jefferson.
Under the special and continuing order of business established by HR 139 the
, following bill of the Senate was taken up for consideration, read the third time and
placed upon its passage:
SB 94. By Senators Ingram of the 51st and Dean of the 34th districts: A bill to be entitled an act to amend the code with reference to embalmers and to create a Georgia Embalmers board; and for other purposes.
Mr. Durden of Dougherty moved that the House do now adjourn until Monday morning at 10:00 o'clock and the motion prevailed.
Leaves of absence were granted Messrs. Howard of Long, Guyton of Effingham, Whipple of Bleckley, Kelly of Thomas, Hefner of Pickens, and Foster of Paulding.
The speaker announced the House adjourned until Monday morning at 10:00 o'clock and SB 94 went over as unfinished business.

868

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.
Monday, March 1, 1943.
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 a 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 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:
l. Introduction of bills and resolutions.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second readnig of bills and resolutions favorably reported.
5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills. The following messages were received from the Senate through Mr. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit: HB 445. By Mr. Dorsett of Douglas:
A bill relating to the creation of the office of tax commissioner of Douglas county; and for other purposes. HB 477. By Mrs. Mankin and Messrs. Etheridge and Kendrick of Fulton: A bill to provide that cities with certain populations, shall furnish aid, and relief to various employees; and for other purposes. Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the House to wit:

MONDAY, MARCH 1, 1943

869

HR 135. By Mr. Odom of Baker:
A resolution whereas many citizens of Georgia have not paid their license taxes on their automobiles, busses and trucks up to this date. Therefore, be it resolved by the House of Representatives, the Senate of Georgia concurring, that the Governor of Georgia is hereby requested to extend the time for the payment for sadi license taxes to April 1, 1943; without any additional charges.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 153. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to empower the board of commissioners in certain counties, to acquire real estate by purchase; and for other purposes.
HB 173. By Messrs. Bennett and Bates of Ware:
A bill to amend the charter of Waycross; and for other purposes.
HB 197. By Messrs. Broome, Hubert, and Turner of DeKalb:
A bill to provide for an increase in the fees for coroners in certain counties; and for other purposes.
HB 327. By Mr. Thrash of Coffee:
A bill to amend the charter of Douglas; and for other purposes.
HB 356. By Mr. Thomas of Chattooga:
A bill relating to juvenile courts; and for other purposes.
HB 380. By Mr. Boynton of Union:
A bill to provide for a minimum compensation for county school superintendents; and for other purposes.
I
HB 383. By Mr. Riley of Peach:
A bill providing for holding three regular terms of superior court in Peach county annually; and for other purposes.
HB 398. By Messrs. Smith and Roughton of Washington:
A bill to require an advance deposit by the plaintiff in every divorce case; and for other purposes.
HB 432. By Mr. Porter of Gordon:
A bill amending an act to creating the office of commissioner of roads and revenues for Gordon county; and for other purposes.

870

JOURNAL OF THE HOUSE,

HB 235. By Messrs. Fortson of Wilkes, Harris of Richmond, McCracken of Jefferson, Hart of Quitman, Turner of DeKalb, and others:
A bill to provide for the establishment of the department of labor; and for other purposes.
HB 443. By Messrs. Bargeron and Cates of Burke:
A bill to amend an act to establish the City Court of Waynesboro; and for other purposes.
HB 444. By Messrs. Weaver, Barfield, and Wilson of Bibb:
A bill to provide for holding six regular terms each year of the superior court of Bibb county; and for other purposes.
HB 484. By Mr. Porter of Gordon:
A bill to amend the charter of the Town of Sugar Valley m Gordon county; and for other purposes.
HB 446. By Mr. Fussell of Webster:
A bill to set up the method of electing members of county boards of education in certain counties; and for other purposes.
HB 449. By Mr. Riddlespurger and Cheshire of Colquitt:
A bill to create a new charter for the City of Moultrie; and for other purposes.
HB 453. By Messrs. Deal and Brunson of Bulloch:
A bill relating to salaries of clerks of superior courts; and for other purposes.
HB 465. By Mr. Moore of Taliaferro:
A bill amending an act abolishing the office of county treasurer -of Taliaferro county and designating county depositories; and for other purposes.
HB 466. By Messrs. Price arid Hill of Clarke:
A bill amending an act to authorize Clarke county to operate a hospital; and for other purposes.
HB 467. By Mr. Gillis of Treutlen:
A bill changing the time of holding terms of the city court of Soperton; and for other purposes.
HB 473. By Messrs. Price and Hill of Clarke:
A bill repealing an act to require payment of fees by clerks and sheriffs of superior courts in divorce cases; and for other purposes.

MONDAY, MARCH 1, 1943

871

HB 474. By Mr. Sills of Candler: A bill amending an act creating a board of commissioners of roads and revenues for Candler county; and for other purposes.
HB 476. By Mrs. Mankin and Messrs. Kendrick and Etheridge of Fulton: A bill amending an act creating a new charter for the City of Atlanta; and for other purposes.
HB 478. By Mr. Thigpen of Glascock: A bill to reincorporate the Town of Gibson; and for other purposes.
HB 485. By Messrs. Mabry and Jennings of Sumter: A bill amending the charter of the Town of Leslie; and for other purposes.
HB 487. By Mr. Giddens of Calhoun: A bill to abolish the city court of Morgan; and for other purposes.
HB 489. By Messrs. Weaver, Barfield, and Wilson of Bibb: A bill amending an act to establish a county board of commissioners for Bibb county; and for other purposes.

HB 490. By Messrs. Weaver, Barfield, and Wilson of Bibb:
A bill amending an act to re-enact the charter of the City of Macon;- and for other purposes.
HB 491. By Mr. Howard of Long:
A bill amending an act creating a board of commisSioners of roads and revenues for Long county; and for other purposes.
HB 493. By Messrs. Grayson, McNall, and Alexander of Chatham:
A bill relating to incorporating the mayor and aldermen of the City of Savannah; and for other purposes.
HB 496. By Messrs. Whipple of Bleckley, DuPree of Pulaski, and Yawn of Dodge:
A bill to regulate the payment in advance of costs in divorce cases in certain counties; and for other purposes.
HB 497. By Mr. Williams of Coffee:
A bill relating to the creation of a new charter for the City of Douglas; and fo rother purposes.

872

JOURNAL OF THE HOUSE,

HB 510. By Mr. Mims of Miller:
A bill amending an act creating a board of commtsswners of roads and revenues for Miller county; and for other purposes.
HB 511. By Mr. Mirns of Miller:
A bill to amend an act establishing a city court in and for Miller county; and for other purposes.

HB 512. By Mr. Mims of Miller:
A bill amending an act incorporating the City of Colquitt; and for other purposes.
HB 519. By Messrs. Grayson, McNall, and Alexander of Chatham:
A bill to amend the charter of Savannah; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:
SB 116. By Senators Lester of the 18th, Bloodworth of the 22nd, Raynor of the . 4th, Forester of the 44th, Clements of the 9th, Foster of the 40th, Kaigler of the 12th, Simmons of the 8th, and Atkinson of the lst:
A bill creating a state highway board; to prescribe their duties and for other purposes.
SB 184. By Senator Martin of the 13th:
A bill to abolish the office of county treasurer in Macon county; and for other purposes.
The following resolution of the House was read and adopted:
HR 140. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia convene in joint session in the Hall of the House of Representatives at eleven o'clock a. m. on Wednesday, March 3d, for the purpose of hearing a message from His Excellency, the Governor.
By unanimous consent, the followiAg bills and/or resolutions of the House were introduced, read the first time and referred to committees:
HB 590. By Mr. Mcintosh of Mcintosh:
A bill to be entitled an act to authorize the City of Darien to close a certain

MONDAY, MARCH 1, 1943

8)3

portion of a street within said city and sell or dispose of the part so closed; and for other purposes.
Referred to Committee on Municipal Government.

HB 591. By Mr. Willoughby of Clinch:
A bill to be entitled an act to provide for compensation to members of the state guard in an amount not to exceed $5.00 per month; and for other purposes.
Referred to Committee on Appropriations.

HB 592. By Mr. Dorsey of Cobb:
A bill to be entitled an act to amend title 113, parts 2 and 3 of the code of 1933 to authorize an administrator, executor, or other trustee to convey rights of way and easements to the United States, the State of Georgia, or any sub-division or department thereof, or to any person or corporation having the right of eminent domain; and for other purposes.
Referred to Committee on General Judiciary No. 1.

HB 593. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:

A bill to be entitled an act to amend the charter of the City of Atlanta by

extending the bounaries ; and for other purposes. '

-

Referred to Committee on Municipal Government.

HB 594. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:

A bill to be entitled an act to amend the charter of the City of Atlanta by extending the boundaries; and for other purposes.

Referred to Committee on Municipal Government.

HR 141-594A. By Messrs. Rossee of Putnam and Cannon of Rockdale:

A resolution memoralizing senators and congressmen from Georgia to support legislation to establish a pharmacy corps in the United States army; and for other purposes.

Referred to Committee on Hygiene and Sanitation.

HR 142-594B. By Messrs. Gilbert and Gowen of Glynn:

A resolution to declare the proper name of a certain island in Glynn county, Georgia, to be Sea Island"; and for other purposes.

Referred to Committee on Historical Research.

HB 595. By Mr. Hooks of Emanuel:

A bill to be entitled an act to amend sub-section (b) of section 10 of the

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JOURNAL OF THE HOUSE,

public safety act by providnig persons who drive school busses shall not be classified as chauffeurs, but as operators; and for other purposes.
Referred to Committee on State of Republic.
HB 5%. By Mr. Smith of Dougherty:
A bill to be entitled an act to amend the motor fuel tax law by striking sub-paragraph 3 of paragraph D of section 92-1403, which exempted the federal government from paying the motor fuel tax; and for other purposes.
Referred to Committee on Ways and Means.
Mr. Welsch of Cobb County, Chairman of the Committee on Amendments to Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 2, have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations: '
HB 584. Do Pass.
Respectfully submitted,
Welsch of Cobb, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engross and ready for transmission to the Senate the following bills and resolutions of the House to wit:
HR 101. HR 140. HB 49. HB 388. HB 411. HB 440. HB 459. HB 517. HB 533.

MONDAY, MARCH 1, 1943

875

HB 534. HB 536. HB 537. HB 540. HB 548. HB 551. HB 561. HB 563. HB 564. HB 569.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills and resolutions of the House to wit:
HR 56.
HR 71.
HR 82.
HR 95.
HR 135. HB 60. HB 62. HB 71. HB 108. HB 175. HB 217.



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JOURNAL OF THE HOUSE,

HB 235.

HB 270.

HB 272.

HB 279.

HB 303.

HB 334.

HB 357.

HB 373.

HB 394.

HB 396. HB 403. HB 408. HB 434. HB 435.

Respectfully submitted,

Johnson of Chattahoochee, Chairman.

Mr. MeNall of Chatham 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 recommendations:

HB 576. Do Pass.

Respectfully submitted,

MeN all of Chatham, Chairman.

Mr. Connell of Lowndes County, Chairman of the Committee on Interstate Cooperation, submitted the following report:

Mr. Speaker: Your Committee on Interstate Cooperation have had under consideration the



MONDAY, MARCH 1, 1943

877

following resolutiori of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SR 50. Do Pass.

Respectfully submitted,
Connell of Lowndes, Chairman.

Mr. Bynum of Rabun County, Vice-Chairman of the Committee on Public Property, submitted the following report:

Mr. Speaker:

Your Committee on Public Property 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:

HB 504. Do Pass.

HR 137-583A. Do Pass.

Respectfully submitted,

Bynum of Rabun, Chairman.

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

HB 504. By Mr. Kendrick: of Fulton:
A bill to be entitled an act to provide that public property belonging to the state, counties of municipal corporations may be used for producing food products during the emergency; and for other purposes.

HB 576. By Mr. Smith of Dougherty:
A bill to be entitled an act to require fish ladders on all barriers across streams inhabited by fish; and for other purposes.

HB 584. By Messrs. Broome, Hubert and Turner of DeKalb:
A bill to be entitled an act proposing an amendment to article 7, section 6, paragraph 2 of the constitution authorizing DeKalb county to levy a county wide tax of one mill for educational purposes.

HR 137-583A. By Mr. Gilbert of Glynn:
A resolution authorizing the state properties comm1ss1on to sell all the right, title and interest the state has in a tract of marsh land containing 930 acres in Glynn county; and for other purposes.

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JOURNAL OF THE HOUSE,

SR 50. By Senator Dean of the 34th district:
A resolution resolving that the state administration cooperate fully with the council of state governments and that budget authorities provide specified funds needed and available; and for other purposes.
By unanimous consent, the following bills of the Senate were read the first time, and referred to the co~mittees:
SB 116. By Senators Lester of the 18th, Bloodworth of the 23rd, Bloodworth of the 22nd, Raynor of the 4th, Forester of the 44th, Clements of the 9th, Foster of the 40th, Kaigler of the 12th, Simmons of the 8th, Atkins~n of the 1st, and Gross of the 31st, districts:
A bill to be entitled an act to repeal an act approved Jan. 30, 1941 (Ga. laws 1941, pp. 290-291) creating a state highway board; to create the offices of state highway director and treasurer of the state highway department, to prescribe their duties and powers; to create compensation, authority; and for other purposes.
Referred to Committee on Public Highways No. 1.

SB 166. By Senators Eubank of the 29th and Gross of the 31st districts:
A bill to be entitled an act to amend an act approved Dec. 24, 1938, (Ga. laws 1937-38, Ex. Sess., pp. 292-293) amending section 92-3701 of the 1933 code of Georgia providing the purposes for which county taxes may be levied by setting out the additional purposes of paying old-age assistance; and for other purposes.
Referred to Committee on Ways and Means.

SB 184. By Senator Martin of the 13th district:
A bill to be entitled an act to abolish the office of county treasurer of Macon county, to authorize the board of commissioners of roads and revenues of said county to designate a depository for the deposit of funds of said county; to provide an effective date for this act; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 185. By Senator Millican of the 52nd district:
A bill to be entitled an act to provide for tax returns of all persons and corporations engaged in and operating pipe lines for the transportation of petroleum or petroleum products to be made to the state revenue commissioner as now provided by law for public utilities; and for other purposes.
Referred to Committee on Ways and Means:

MONDAY, MARCH 1, 1943

879

By unanimous consent, the following bills of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

HB 567. By Mr. Crummey of Wilcox: A bill to be entitled an act to repeal the act abolishing 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 571. By ltlr. Gholston of Madison: A bill to be entitled an act to repeal the act creating the city court of Danielsville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 575. By Mr. Yawn of Didge:
A bill to be entitled an act to require the commissioner of Dodge county to employ a certified public accountant to audit the books of the various county officials; and for other purposes.
The following amendment was read and adopted:
Mr. Yawn of Dodge moves to amend HB 575 by striking from line seven in section four (A) the following words "A newspaper of general circulation", and inserting in lieu thereof the following "the official organ" and further amend the caption accordingly.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

HB 582. By Mr. Minchew of Atkinson: A bill to be entitled an act to abolish the office of tax receiver and tax col-

880

JOURNAL OF THE HOUSE,

lector of Atkinson county and to create the office of tax commissioner of Atkinson county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majo~ity was passed.

SB 172. By Senator Pittman of the 42nd district: A bill to be entitled an act to abolish the city court of Cartersville, as of December 31, 1943 and to transfer all pending cases and records to the superior court of Bartow county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a
calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HB 142. Repealing code section 92-512. 2. HB 231. Relating to establishing of county lines in certain counties. 3. HB 428. Relating to fertilizer tags. 4. HB 133. Insurance. 5. SB 125. Appointment of sheriffs by the Governor. 6. HB 358. Regulating tobacco warehouses. 7. SB 94. Creating state board of embalmers. 8. SB 117. Reorganizing the state board of public welfare. 9. SB 156. Constitutional amendment-reference to voting stock of subsidiary
corporations. 10. SB 119. Requiring confirmation of appointees. 11. HB 275. Admission to the bar.

MONDAY, MARCH 1, 1943

881

12. SB 126. Disqualification of judges. I
13. SB 85. Amendment to narcotic drug act.
14. SB 18. Powers and duties of special policemen.
15. SB 16. Fresh pursuit bill.
16. SB 11. Limiting campaign expenses.
17. SB 90. Providing for judges emeritus.
18. HB 286. Exemption from license for war veterans.
19. HB 317. Defining a system of coordinates. 20. HB 471. To codify the law relating to fraternal benefit societies. 21. HB 547. Service on incompetents. 22. HB 166. Paint bill. 23. SR 15. Eighteen year old voting.
Respectfully submitted,
Durden of Dougherty, Vice-Chairman.
Mr. Hicks of Ftoyd asked unanimous consent that the following bill of the House be recommitted to the Committee on General Judiciary No.2 and the consent was granted:
HB 456. By Mr. Pirkle of Forsyth: A bill to be entitled an act to amend section 106-301 relative to the registration of businesses under trade names so as to require that notices of registration be published in the official for four weeks; and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 477, By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton: A bill to be entitled an act to amend the act providing that cities having a population of 150,000 furnish aid, relief and pensions to various employees; and for other purposes.
The following Senate amendment to HB 477 was read:
Senator Millican of the 52nd district moves to amend HB 477, section 2 by

882

JOURNAL OF THE HOUSE,

striking the entire balance of the section after the words "to such city" in line two of said section.
Mrs. Mankin of Fulton moved that the House adopt the Senate amendment to

HB 477.
On the motion to adopt the Senate amendment to HB 477, the ayes were 118, the nays 0.
.
The motion prevailed and the Senate amendment to HB 477 was adopted.
Mrs. Mankin of Fulton arose to a point of personal privilege and addressed the House.
Mr. :Mitchell of Monroe arose to a point of personal privilege and addressed the House.
The following resolution of the House was read and adopted:

HR 143. By Messrs. Harris of Richmond, Ogburn of Laurens and Anderson of Wayne.
A RESOLUTION
Whereas, It has come to the attention of the members of this House that the Honorable W. D. Rowland, late of Johnson county, Georgia, -died yesterday, February 28th, 1943, and
Whereas, The Honorable W. D. Rowland was the father of Honorable Emory L. Rowland, a member of this House from the County of Johnson, and
Whereas, The Honorable W. D. Rowland has for the past twelve (12) years served his county and state with credit and distinction as sheriff of Johnson county, and,
Whereas, The Honorable J. H. Rowland, the distinguished brother of the deceased, has served his county and State of Georgia as a member of the Legislature and also as a member of the State Senate, and,
Whereas, The members of this House are greatly shocked and bereaved by the sudden passing of this distinguished statesman.
Be it resolved that appropriate expressions of condolences and. a copy of this resolution be sent to this bereaved family in their hour of sorrow.
Under the order of business established by the Committee on Rules the following bills of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

MONDAY, MARCH 1, 1943

883

HB 142. By Messrs. Goldberg and Hurst of Coweta:
A bill to be entitled an act to repeal Code section 92-512 of the 1933 Code; and for other purposes.

The following substitute was read and adopted:

By Messrs. Hurst and Goldberg of Coweta:
An act to repeal Code section 92-512 Georgia Code of 1933 annotated (acts 1935 p. 93) which was entitled "an act to impose and fix a license of $1,000.00 on each person collecting rents or fees on copyrighted music, and radio programs, in each county in Georgia.

Section 1. Be it enacted by the General Assembly of Georgia, and it si hereby enacted by the authority of the same, that on or after the passage of this act, Code section 92-512 Georgia Code of 1933 annotated (acts 1935 p. 83), approved March 21, 1935, be and the same is hereby repealed.

Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed.

Mr. Park: of Greene moved the previous question, the motion prevailed and the main question was ordered.

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

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

Those voting in the affirmative were:

Alexander Alwood Bates Battles Barfield Bargeron Bennett Bentley Bowen Boynton Branch Bridges Burton Caldwell Campbell of Polk Cates Clark

Curry Dallis Dalton Dorsey Dunn Durden Easler Etheridge Fortson Fussell Gaskins Gavin Gholston Giddens Goldberg Greene of Jones Guerry

Hagan Hand Harden Hart of Quitman Hart of Thomas Hartness Hicks Hill of Clarice Hooks Hubert Jones Kelly of Thomas Kendrick Littlejohn Livingston Looper Mabry

884

JOURNAL OF THE HOUSE,

Malone Mankin Martin Mason Maund McCamy McEntire Mcintosh McNall Mills Minchew Mitchell Mixon Moate

Nicholson of Oconee Nicholson of Richmond Ogburn Overby Park Parker Peck Pettit Phillips Pruitt Reid Reynolds Riley
Russell

Those voting in the negative were:

Brunson Bynum Campbell of Newton Cannon Chance Connell Cowart Culpepper Deal DuPree Edwards Ferguson Gardner Gaston

Gowen Gray Greene of Schley Hardy Herndon Hightower Hill of Troup Hogg Jennings of Sumter Joiner Key Knabb Mavity Mims

Those not voting were:

Adams Allison Anderson Baker Boone Broome Burnside Cheshire Copland Crummey Daves Dorsett Drake

Dukes Dyal Elliott Ennis Fisher Foster Gilbert Graham Grayson Guyton Hatchett Heard Holley

Salter Sharpe Smith of Carroll Smith of Dougherty Smith of Washington Sumner Thomas Turner Weaver Wilbanks of Habersham Williams of Harris Woodruff Yawn
Norman Pirkle Powell Price Riddlespurger Sheppard Sills Smith of Oglethorpe Sparks Strickland Thigpen Thrash Wright
Hefner Horne Howard Hurst Jennings of Terrell Johns J ohn&on of Chattahoochee Johnson of Pike Johnston Kelly of Walker Medders Miller Moore of Baldwin

MONDAY, MARCH 1, 1943

885

Moore of Taliaferro Odom Oliver Padgett Pannell Porter Ray Rees Roper Rossee

Roughton Rountree Rowland Smiley Swint Thompson Thurmond Waller Warnock: Welsch

Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Willoughby Wilson Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, by substitute, the ayes were 92, the nays 41 The bill having failed to receive the requisite constitutional majority was lost. Mr. Goldberg of Coweta gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 142.

HB 231. By Mr. Reid of Carroll: A bill to be entitled an act to provide for the change of county lines lying
within the limits of incorporated towns or cities; and for other purposes.
Mr. Dorsey of Cobb asked unanimous consent that further consideration of HB 231 be postponed until March 2, 1943, and the consent was granted.

HB 428. By Messrs. Hatchett of Meriwether and Key of Jasper:
A bill to be entitled an act to amend section 5-1104 of the Code of 1933 relating to the sale of fertilizer, to amend section 5-118 of the 1933 Code with reference to fertilizer tax tags; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 133. By Messrs. Allison of Gwinnett, Burnside of McDuffie, and Harris of Richmond;
A bill to he entitled an act to equalize the levy an occupational tax on
a insurance agents, solicitors, sub-agents, assistant managers and managers;
to levy premium tax; and for other purposes.
The following committee substitute was read: A bill to be entitled an act to equalize and levy an occupational tax on

886

JOURNAL OF THE HOUSE,

insurance agents, solicitors, sub-agents, managers, assistant managers, superintendents and assistant superintendents, by whatever name they may be designated; to levy a premium tax on insurance companies doing business in this state; to provide a penalty for violation thereof; and to repeal all laws in conflict herewith; 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.
Paragraph 1. That there shall be levied and collected by the insurance commissioner of the State of Georgia from each life insurance company and each industrial life and health insurance company doing business in this state, upon each and every agent, solicitor, sub-agent, manager, assistant manager; superintendent or assistant superintendent of each such company, the sum of five ($5.00) dollars per annum, same to be paid to the insurance commissioner of the State of Georgia, on or before the first day of March of each year, provided, however, each such insurance company shall have the privilege of collecting said license fee from the agent. Upon the payment of said fee of five ($5.00) dollars by a licensed life insurance company or industrial life and health insurance company, the insurance commissioner shall issue a license to each such person which will entitle said person to act as insurance agent for the company paying said fee, anywhere in the State of Georgia, and there shall be no other tax, license fee or charge of any kind made against such agents, solicitors, sub-agents, managers, assistant managers, superintendents or assistant superintendents by whatever name called by any authority or subdivision of the state whatsoever. Nor shall said persons be subject to the jurisdiction or control of any other authority whatsoever, they being only required to have a license issued by the insurance commissioner to work for a company licensed by the insurance commissioner.
Paragraph 2. Be it further enacted by authority aforesaid:
(a) That all foreign and domestic ._insurance companies doing business in this
state shall pay one and one-half (10%) per centum upon gross direct premiums
less return premiums thereon, provided that local organizations known as Farmers' Mutual insurance companies, operating in not more than four counties, shall not be subject to this tax. Provided, further, that mutual fire insurance companies chartered by this state, which require their members to make premium deposits to provide for losses and expenses, and which premium deposits are used wholly for the payment of losses and expenses and return to the policy holder or held to pay losses and expenses and as reinsurance reserves, shall not be subject to this tax. Said premium tax to be paid to the insurance commissioner annually on or before March 1st of each year.
(b) That whenever any insurance company doing business in this state shall make it appear by proof to the insurance commissioner that one-fourth of the total assets of the company are invested in any or all of the following securities or property, to wit: bonds of this state or of any county or municipality of this state, bonds and securities issued by the United States of America, property situated in this state and taxable therein, loans secured by liens on real estate situated in this state, or

MONDAY, MARCH 1, 1943

887

policy loans by insurance policies issued by such company on lives of persons resident of this state, then the premium tax levied by the first paragraph of this section shall be abated to one per centum upon the gross receipts of such company; and if the amount so invested by any such company shall be as much as one-half of the total assets of any such company, then said premium tax shall be abated to one-half of one per centum; if the amounts so invested by any such company shall be as much as three-fourths of the total assets of such company, then said premium tax shall be abated to one-fourth of one per centum upon such gross receipts of such company.
(c) That if the state of the domicile of any foreign insurance company charges more than one and one-half per cent gross premium tax on foreign companies doing business in such state, then and in that event such foreign company doing business in this state shall pay the same per centum upon gross direct premiums less return premiums thereon as is charged in the state of its domicile on foreign companies doing business therein. Provided, however, that when it shall be made to appear to the insurance commissioner of the State of Georgia that in the home state of a foreign insurance company no municipality can charge, levy or collect a premium receipt tax or other charge similar thereto, that such foreign in~urance company domiciled in such foreign state and doing business in this state shall pay only one and one-half per centum upon the gross direct premiums less return premiums thereon on business done in this state to the insurance commissioner of the State of Georgia. The taxes levied under this act are to be in addition to taxes accruing to political sub-divisions of this state under the laws now or hereafter in force.
Paragraph 3. Be- it further enacted that any person, firm or corporation doing business in this state without complying with the provisions of this act shall be guilty of doing business without a license and punished as for a misdemeanor.
Paragraph 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed.
The following amendments to the committee substitute were read and adopted:
Mr. Hightower of Spalding moves to amend committee substitute for HB 133 by striking the words, "bonds and securities issued by the United States of America," after the words "this state," in paragraph two, sub-paragraph (b).
Messrs. Weaver, Wilson and Barfield of Bibb, Elliott, Smith and Copland of Muscogee, Kendrick of Fulton, and Alexander of Chatham, move to amend the committee substitute for HB 133 by striking the following words from the last part of paragraph 1 of said bill:
"Anywhere in the State of Georgia, and there shall be no other tax, license fee or charge of any kind made against such agents, solicitors, sub-agents, managers, assistant managers, superintendents or assistant superintendents by whatever name called by any authority or subdivision of the state whatsoever. Nor shall said persons be subject to the jurisdiction or control of any other authority whatsoever, they being only required to have a license issued by the insurance commissioner to work for a company licensed by the insurance commissioner."

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JOURNAL OF THE HOUSE,

And to further amend said bill by striking the last sentence of section C in paragraph 2 and making a new paragraph to be numbered paragraph 3, which paragraph shall read as follows :
"The taxes levied under this act are to be in addition to taxes accruing to political subdivisions of this state under the laws now or hereafter in force."
And that paragraphs 3 and 4 of said bill be renumbered as paragraphs 4 and 5, respectively.
By unanimous consent, 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. Allison of Gwinnett moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Allison Anderson Bates Battles Barfield Bargeron Bennett Bowen Boynton Branch Bridges Broome Brunson Burton Bynum Caldwell Campbell of Polk Cates Chance Cheshire Clark Connell Cowart Curry Dallis

Dalton Deal Dorsey Drake Dunn DuPree Durden Dyal Easler Edwards Etheridge Foster Fussell Gardner Gaskins Gaston Gavin Giddens Gillis Goldberg Gowen Gray Greene of Jones Guerry Hagan Harden

Hart of Quitman Hatchett Herndon Hicks Hill of Clarke Hill of Troup Hogg Hooks' Hubert Joiner Jones Kelly of Thomas Kelly of Walker Kendrick Key Littlejohn Livingston Looper Mabry Malone Mankin Mason Mavity Maund McCamy McCracken



MONDAY, MARCH 1, 1943

889

McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Nicholson of Oconee Nicholson of Richmond Norman Ogburn Overby

Phillips Peck Pirkle Powell Price Pruitt Reid Reynolds Riddlespurger Russell Salter Sharpe Smith of Carroll Smith of Dougherty

Smith of Oglethorpe Sparks Sumner Swint Thigpen Thomas Weaver Welch Wilbanks of Habersham Williams of Gwinnett Williams of Harris Woodruff Wright

Those voting in the negative were:

Alexander Campbell of Newton Cannon Culpepper Ferguson Fisher Fortson Greene of Schley Hart of Thomas

Hartness Hightower Knabb Martin Mixon Moate Pannell Park Parker

Pettit Sheppard Strickland Thrash Waller Williams of Coffee Yawn

Those not voting were:

Anderson Baker Bentley Boone Brewton Burnside Copland Crummey Daves Dorsett Dukes Elliott Ennis Gholston Gilbert Graham Grayson Guyton

Hand

Porter

Hardy

Ray

Heard

Rees

Hefner

Riley

Holley

Roper

Horne

Rossee

Howard

Roughton

Hurst

Rountree

Jennings of Sumter

Rowland

Jennings of Terrell

Sills

Johns

Smiley

Johnson of Chattahoochee Smith of Muscogee

Johnson of Pike

Smith of Washington

Johnston

Thompson

Moore of Baldwin

Thurmond

Odom

Warnock

Oliver

Wells of Ben Hill

Padgett

Wells of Telfair

d90

JOURNAL OF THE HOUSE,

Whipple Wilbanks of Cherokee

Willoughby Wilson

Mr. Speaker

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

On the passage of the bill, by substitute as amended, the ayes were 119, the nays 25.

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

Mr. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.
2:15P.M.
The Speaker called the House to order.

Under the order of business established by the Committee on Rules the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:

SB 125. By Senators Kaigler of the 12th and Pope of the 7th districts:
A bill to be entitled an act to provide that where a vacancy occurs in the office of sheriff due to the fact that said sheriff has had to enter the armed forces the Governor shall appoint a competent citizen to fill the unexpired term; and for other purposes.
Mr. Culpepper of Fayette moved that SB 125 be tabled and the motion prevailed.
The following message was received from the Senate through l\Ir. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill and resolution of the Senate and House, to wit:

SB 17. By Senator Millican of the 52nd: A bill to amend Code of 1933 relating to credit unions; and for other' purposes.

HR 140. By Mr. Durden of Dougherty:
A resolution that the General Assembly of Georgia convene in joint session in the hall of the House of Representatives at eleven o'clock a. m. on Wednesday, March 3rd, for the purpose of hearing a message from His Excellency, the Governor.

MONDAY, MARCH 1, 1943

891

Under the order of business established by the Committee on Rules the following bills of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 358. By Messrs. Medders of Bacon, Oliver of Tattnall, Williams of Coffee, Gaskins of Berrien, and Fisher of Jeff Davis:
A bill to be entitled an act to regulate the operation of tobacco warehouses; and for other purposes.
Mr. Connell of Lowndes moved that HB 358 be tabled and the motion prevailed. SB 94. By Senators Ingram of the 51st and Dean of the 34th districts:
A bill to be entitled an act to amend the code with reference to embalmers by substituting new sections; and for other purposes.
Mr. Durden of Dougherty asked unanimous consent that further consideration of SB 94 be postponed until Tuesday, March 2, 1943, and the consent was granted.
SB 177. By Senators Gross of the 31st, Atkinson of the 1st, Lester of the 18th, Bloodworth of the 23rd, Millican of the 52nd, Pope of the 7th and Forester of the 44th districts:
A bill to be entitled an act to abolish the present state board of public welfare and establish a state board of social security to consist of the director and ten additional members; and for other purposes.
Mr. Welsch of Cobb asked unanimous consent that further consideration of SB 117 be postponed until Tuesday, March 2, 1943, and the consent was granted.

SB 156. By Senator Gross of the 31st district:
A bill to be entitled an act to propose to the qualified voters of Georgia an amendment to article seven, section two, paragraph II, of the Constitution of Georgia, so as to exempt from ad valorem and intangibles taxes in Georgia the common voting stock of a subsidiary corporation when at least ninety per cent thereof is held by a Georgia corporation and for the purpose of enabling such parent corporation to carry on part of its business through such subsidiary; 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 seven, section two, paragraph two, 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:
"There shall be exempt from all ad valorem and intangibles taxes in this state the common voting stock of a subsidiary corporation not doing business in this state, if at least ninety per cent of such common voting stock is owned by a Georgia cor-

892

JOURNAL OF THE HOUSE,

poration with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary."
Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district in this state for two months previous to the time for holding the next general election and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to article seven, section two, par.agraph two, of the Constituting, exempting from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation, at least ninety per cent of which is owned by a Georgia corporation with its principal place of business in this state," 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 seven, section two, paragraph two, of the Constitution, exempting from ad valorem and intangibles taxes the common voting stock of a subsidiary corporation, at least ninety per cent of which is owned by a Georgia corporation with its principal place of business in this state;" 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 re_quired by law in elections for members of the General Assembly, the said amendment shall become a part of article seven, section two, paragraph two, of the Constitution of this state, and the Governor shall make a proclamation therefor as provided for law.
Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Ogburn of Laurens moved the previous question, the motion prevailed and the main question was ordered.
The report of the committeee, which was favorable to the passage of the bill, was agreed to.
The bill being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander Allison Alwood Bates Battles Barfield Bargeron

Bennett Boone Bowen Boynton Branch Bridges Broome

Brunson Burton Bynum Campbell of Newton Campbell of Polk Cannon Cates

MONDAY, MARCH 1, 1943

893

Chance Cheshire Clark Connell Cowart Culpepper Curry Dallis Dalton Deal Dorsey Drake Dunn DuPree Durden Easler Edwards Elliott Etheridge Ferguson Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gowen Greene of Jones Greene of Schley Guerry Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness

Hatchett

Norman

Herndon

Ogburn

Hicks

Overby

Hightower

Pannell

Hill of Clarke

Park

Hill of Troup

Parker

Hooks

Peck

Horne

Pettit

Hubert

Phillips

Jennings of Sumter

Pirkle

Joiner

Powell

Johnson of Chattahoochee Price

Jones

Reid

Kelly of Thomas

Reynolds

Kelly of Walker

Riddlespurger

Kendrick

Riley

Key

Russell

Knabb

Salter

Littlejohn

Sharpe

Looper

Sheppard

Mabry

Sills

Malone

Smith of Carroll

Mankin

Smith of Dougherty

Martin

Smith of Oglethorpe

Mason

Smith of Washington

Mavity

Sumner

Maund

Swint

McCamy

Thigpen

McCracken

Thomas

McEntire

Thrash

Mcintosh

Turner

McNall

Warnock

Miller

Weaver

Mills

Welch

Mims

Wilbanks of Habersham

Minchew

Williams of Coffee

Mitchell

Williams of Gwinnett

Mixon

Williams of Harris

Nicholson of Oconee

Woodruff

Nicholson of Richmond Yawn

Those not voting were:

Adams Anderson Baker Bentley

Brewton Burnside Crummey Daves

Dorsett Dukes Dyal Fisher

894

JOURNAL OF THE HOUSE,

Gilbert Gillis Goldberg Graham Gray Guyton Heard Hefner Hogg Holley Howard Hurst Jennings of Terrell Johns Johnson of Pike Johnston

Livingston Medders Moate Moore of Baldwin Moore of Taliaferro Odom Oliver Padgett Porter Pruitt Ray Rees Roper Rossee Roughton Rountree

Rowland Smiley Smith of Muscogee Sparks Strickland Thompson Thurmond Waller Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Willoughby Wilson Wright Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 141, the nays 0. The bill having received the requisite constitutional two-thirds majority was passed. The following resolution of the House was read and adopted:

HR 144. By Messrs. Bynum of Rabun and Dunn of Lamar: A resolution that the General Assembly accept the invitation of the Honorable Wiley Moore to a barbecue at a suitable time and place.
The following resolution of the House was read and adopted:

HR 145. By Mr. Harris of Richmond:
A resolution that no committee of the House be allowed to make any trips at the state's expense from this date on.
Under the order of business established by the Committee on Rules the following bills of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

SB 126. By Senators Gross of the 31st, Atkinson of the 1st, and Millican of the 52nd districts:
A bill to be entitled an act providing that no judicial officer shall be disqualified from presiding in any proceedings because of being a policy holder of any mutual insurance company; and for other purposes.

MONDAY, MARCH 1, 1943

895

The following committee amendment to HB 126 was read and adopted:
The Committee on General Judiciary No. 1 moves to amend SB 126 by adding a new section, to be appropriately numbered, as follows: Nothing in this act shall be construed as applying to the qualifications of trial jurors.
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 109, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

SB 119. By Senators Gross of the 31st, Atkinson of the 1st, Bloodworth of the 23rd, Lester of the 18th, Millican of the 52nd, Pope of the 7th, Forester of the 44th, Foster of the 40th, Kaigler of the 12th, and Kimbrough of the 25th districts:
A bill to be entitled an act to provide for the confirmation by the Senate of the appointees of the Governor to boards, commissions, bureaus and other public offices; and for other purposes.
Mr. McCracken of Jefferson moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 6.
The bill having received the requisite constitutional majority was passed.

HB 275. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to amend the law with reference to the admission to the practice of law in the State of Georgia; and for other purposes.
By unanimous consent, further consideration of HB 275 was postponed until March 2, 1943.

SB 85. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the uniform narcotic drug act to provide for the sale of narcotic drugs to the master of a ship or aircraft upon ~hich no physician is regularly employed; and for other purposes.
Mr. Connell of Lowndes moved that further consideration of SB 85 be mdefinitely postponed.

896

JOURNAL OF THE HOUSE,

On the motion to indefinitely postpone SB 85, the ayes were 92, the nays 24. The motion prevailed and Senate Bill No. 85 was indefinitely postponed.

SB 18. By Senators Dean of the 34th, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th and Ingram of the 51st districts:
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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Alwood Bates Barfield Bennett Boynton Branch Brewton Bridges Broome Brunson Bynum Campbell of Newton Campbell of Polk Cannon Cheshire Clark Connell Cowart Curry Dallis Dalton Deal Dorsey Drake Dunn DuPree Durden Easler

Elliott Etheridge Ferguson Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Goldberg Gowen Greene of Jones Greene of Schley Guerry Hagan Hand Harden Hardy Hart of Thomas Hartness Hatchett Herndon Hill of Troup Hogg Hooks Horne Hubert

Jennings of Sumter Joiner Jones Kelly of Walker Kendrick Key Knabb Littlejohn Looper Mabry Malone Mankin Martin Mason Mavity McCamy McCracken McEntire Mcintosh McNall Miller Mills Mims Minchew Mitchell Mixon Nicholson of Oconee Nicholson of Richmond Ogburn Overby

MONDAY, MARCH 1, 1943

897

Park Parker Peck Pettit Phillips Pirkle Price Reid Reynolds Riley Russell

Salter Sharpe Sheppard Sills Smith of Carroll Smith of Dougherty Smith of Oglethorpe Strickland Sumner Swint Thigpen

Those voting in the negative were:

Norman

Sparks

Those not voting were :

Thomas Thrash Warnock Weaver Welch Wilbanks of Habersham Williams of Coffee Williams of Harris Woodruff Yawn

Allison Anderson Baker Battles Bargeron Bentley Boone Bowen Burnside Burton Caldwell Cates Chance Copland Crummey Culpepper Daves Dorsett Dukes Dyal Edwards Ennis Fisher Gilbert Gillis Graham Gray

Grayson

Porter

Guyton

Powell

Hart of Quitman

Pruitt

Heard

Ray

Hefner

Rees

Hicks

Riddlespurger

Hightower

Roper

Hill of Clarke

Rossee

Holley

Roughton

Howard

Rountree

Hurst

Rowland

Jennings of Terrell

Smiley

Johns

Smith of Muscogee

Johnson of Chattahoochee Smith of Washington

Johnson of Pike

Thurmond

Johnston

Turner

Kelly of Thomas

Waller

Livingston

Wells of Ben Hill

Maund

Wells of Telfair

Medders

Whipple

Moate

Wilbanks of Cherokee

Moore of Baldwin

Williams of Gwinnett

Moore of Taliaferro

Willoughby

Odom

Wilson

Oliver

Wright

Padgett

Mr. Speaker

Pannell

By unanimous consent, verification of the roll call was dispensed with. On the passage of the hill, the ayes were 122, the nays 2.

898

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.

SB 16. By Senators Ennis of the 20th, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, Ingram of the 51st, and Dean of the 34th districts:
A bill to be entitled an act to provide for the fresh pursuit by military forces and authorizing the state to cooperate with other states therein; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

SB 11. By Senators Pittman of the 42nd, Gross of the 31st, Atkinson of the 1st, Stark of the 33rd, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Forester of the 44th, Millican of the 52nd, Kennedy of the 2nd, and Dean of the 34th districts:
A bill to be entitled an act to limit the amount of money that may be expended by any candidate for the nomination or election as Governor; and for other purposes.
By unanimous consent, further consideration of SB 11 was postponed until March 2, 1943.
Mr. Phillips of Columbia moved that the House do now adjourn and the motion prevailed.
Leaves of absence were granted Messrs. Pruitt of Lumpkin and Wilson of Bibb.
The speaker announced the house adjourned until tomorrow morning at 10:00 o'clock.

TUESDAY, MARCH 2, 1943

899

Representative Hall, Atlanta, Georgia. Tuesday, March 2, 1943.
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 the singing of America, led by Miss Virginia Ryles, and a 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:
l. Introduction of hills and resolutions.
2. First reading and reference of House hills and resolutions. 3. Reports of standing committees.
4. Second reading of hills and resolutions favorably reported.
5. First reading and reference of Senate hills. 6. Third reading and passage of uncontested local hills.
The following messages were received from the Senate through Mr. Nevin, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following hill of the Senate to wit:
SB 197. By Senator Kaigler of the 12th:
A hill to repeal an act approved Nov. 24, 1893 entitled "An act to organize a county court for the County of Quitman", and to establish in lieu thereof a county court of Quitman; and for other purposes.
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following hills of the House to wit:
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia and others: A hill to create and establish a hoard to he known as agricultural and industrial board of Georgia; and for other purposes.

900

JOURNAL OF THE HOUSE,

HB 91. By Mr. Sheppard of Heard:
A bill to amend section 32-904 of the code of 1933 (Acts 1919, section 79, p. 321) providing the amount of compensation payable to members of county boards of education by changing the amount of such compensation, from per diem not to exceed $2.00 for each days actual service, so as to provide that such per diem shall not exceed $5.00; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:

HB 206. By Mrs. Mankin of Fulton and Mrs. Guerry of Macon:
A bill to amend chapter 53-5 of the code of 1933, said chapter being entitled, "Rights and liabilities of husband and wife," by adding a new section to said chapter providing that from and after the passage of this act a husband living with his wife shall not be entitled to, and shall not receive the salary or wages of his wife; and for other purposes.

HB 296. By Messrs. Weaver of Bibb and Key of Jasper:
A bill to make it unlawful to kill, shoot, injure, or detain, any racing or homing, or carrier pigeon havittg a band on either leg; and for other purposes.
HB 339. By Messrs. MeN all of Chatham, Ferguson of Camden and others:
A bill to regulate and control the planting and re-planting, growing, collection or gathering of oysters in the State of Georgia; and for other purposes.
HB 387. By Messrs. Allison of Gwinnett, Moore of Baldwin and others:
A bill to repeal chapter 32-26 of the code of Georgia of 1933 entitled "State library commission"; to abolish the state library commission and to transfer its functions and services to the state board of education; and for other purposes.

HB 464. By Mr. Anderson of Wayne:
A bill to give and grant to the comm1ss1oners of roads and revenues of Wayne county, Georgia, the original land lots Nos. 20 and 48, in the 3rd land district of said county; and for other purposes.
HB _472. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend an act approved Aug. 15, 1904, (acts 1904, p. 519) providing a new charter for the City of Marietta; and for other purposes.

TUESDAY, MARCH 2, 1943

901

Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills
of the House to wit:
HB 481. By Mr. Durden of Dougherty:
A bill to amend the charter of the City of Albany, Ga., so as to provide and empower the City of Albany to own, use and operate for profit, a transportation system for the carrying of passengers within the city limits and four miles beyond; and for other purposes.
HB 486. By Mrs. Mankin, Messrs. Etheridge and Kendrick of Fulton:
A bill to amend the charter of the City of Hapeville in Fulton county.
HB 500. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to abolish the civil service commission of the City of Augusta; and for other purposes.
HB 501. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to amend the charter of the city council of Augusta so as to provide for a civil service commission; and for other purposes.
HB 502. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to amend the charter of the city council of Augusta to provide for recall to duty of any employee who may have retired under the various pension acts; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the House to wit:
HR 75. By Mr. Brewton of Evans:
A resolution authorizing the Governor and the commissioner of agriculture acting for and on behalf of the State of Georgia, to convey a certain lot or tract of land located in the City of Claxton, 1607th G. M. district of Evans county, Georgia, now held by the State of Georgia unto A. N. Oliff and others; and for other purposes.
HR 76. By Mr. Boynton of Union:
A resolution proposing that upon the payment of $1.00 to the State of Georgia, department of natural resources, division of state parks, historic sites and monuments by Union county that the lands described in the deed, copy of which is attached hereto, be reconveyed to Union county in fee simple; and for other purposes.

902

JOURNAL OF THE HOUSE,

HR 138. By Messrs. Mims of Miller, Drake of Seminole and others:
A resolution urging the secretary of agriculture of the U. S. of America to readjust the peanut program as announced for 1943, so as to include in the minimum price such incentive payments as have heretofore been contemplated.
By unanimous consent, the following bills and/or resolutions of the House wert' introduced, read the first time and referred to committees:
HB 597. By Mr. Kelly of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to provide for a commissioner-city manager form of government; and for other purposes.
Referred to Committee on Municipal Government.

HB 598. By Mr. Yawn of Dodge:
A bill to be entitled an act to create the state tax redemption agency to finance executions issued for uncollected real and personal property taxes due the state or any political sub-division thereof; to provide for issuance of bonds to finance the acquisition of executions; and for other purposes.
Referred to Committee on Ways and Means.

HB 599. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal the following acts: Ga. laws, extra session, 1937-1938, pp. 786-787; Ga. laws, 1939, pp. 540-542; Ga. laws, 1941, pp. 818, 819, 820, 821 and 823, relating to Clayton county commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.

HB 600. By Messrs. Campbell and Livingston of Polk:
A bill to be entitled an act to amend the charter of the Town of Rockmart to create the Rockmart planning commission; and for other purposes. Referred to Committee on Municipal Government.

HR 146-600A. By Messrs. Grayson of Chatham and Durden of Dougherty:
A resolution proposing an amendment to article 3, section 7, of the constitution to provide the state nor any county or city shall maintain any civil service scheme without providing for preference to veterans of any war; and for other purposse.
Referred to Committee on Amendments to Constitution No. 2.

TUESDAY, MARCH 2, 1943

903

HR 147-600B. By Messrs. Harris of Richmond, Smith of Carroll, Hand of Mitchell, McCracken of Jefferson, Durden of Dougherty, Gowen of Glynn and Key of Jasper:
A resolution providing for the appointment of a commission to prepare and submit to the next session of the General Assembly a proposed state constitution; and for other purposes.
Referred to Committee on State of Republic.

HR 148-600C. By Mr. Woodruff of Harrow:
A resolution proposing an amendment to article 7, section 1, paragraph 1, of the constitution to provide for the levying of a tax for the payment of pensions to confederate soldiers and their widows who married prior to January 1, 1920; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

HR 149-600D. By Mr. Horne of Crisp:

A resolution proposing an amendment to article 7, section 7, paragraph 1,

of the constitution to authorize the City of Cordele or Crisp county, or

either of them to enter into contracts with hospital authorities; and for

other purposes.



Referred to Committee on Amendments to Constitution No. l.

HB 601. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to provide for the payment of $15.00 by the person filing petition for divorce in Richmond county at the time of filing the petition; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 602. By Messrs. Harris, Holley and N'icholson of Richmond: A bill to be entitled an act to provide that the judge of the city court of Richmond county may practice law in civil cases not in his own court; and for other purposes.
Referred to Committee on Special Judiciary.
HB 603. By Messrs. Holley, Harris and Nicholson of Richmond:
A bill to be entitled an act proposing an amendment to artcile 7, section 6, paragraph 2, of the constitution to authorize the General Assembly to create a Richmond county retirement or pension fund for county employees; and for other purposes.
Referred to Committee on Amendment to Constitution No. 2.

904

JOURNAL OF THE HOUSE,

HB 604. By Mr. Miller of Lanier:
A bill to be entitled an act to abolish the county court of Lanier county and transfer pending matters to the Lanier superior court; and for other purposes.
Referred to Committee on Special Judiciary.

HB 605. By Mr. Miller of Lanier:
A bill to be entitled an act to provide for four terms each year of Lanier superior court, and to fix the dates; and for other purposes.
Referred to Committee on Special Judiciary.

HB 607. By Mr. Thomas of Chattooga:
A bill to be entitled an act proposing an amendment to article 7, section 7, paragraph 1 of the constitution to allow the Chattooga county board of education, or the trustees of the Summerville school district to issue bonds in an amount not to exceed $35,000.00; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.

Mr. Miller of Lanier 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 bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 505. Do Pass.

Respectfully submitted,

Miller of Lanier, Chairman.

Mr. Sills of Candler 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:

HB 587. Do Pass.

HB 586. Do Pass.

TUESDAY, MARCH 2, 1943

905

SB 179. Do Pass. SB 184. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolution of the House to wit:

HR 144.

HB 133.

HB 428.

HB 567.

HB 571.

HB 575.

HB 582.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House to wit:
HB 153. HB 173. HB 197. HB 327. HB 356. HB 380. HB 383. HB 398.

906
HB 432. HB 443. HB 444. HB 446. HB 449. HB 453. HB 465. HB 466. HB 467. HB 472. HB 473. HB 474. HB 476. HB 477. HB 478. HB 484. HB 485. HB 487. HB 489. HB 490. HB 491. HB 493. HB 496. HB 497. HB 510. HB 511. HB 512. HB 519.

JOURNAL OF THE HOUSE,
Respectfully submitted, Johnson of Chattahoochee, Chairman.

TUESDAY, MARCH 2, 1943

907

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 246. Do Pass.

Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Hicks of Floyd County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. Speaker:

Your Committee on General JudiciaryNo. 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:

SB 39. Do Pass by substitute. SB 137. Do Pass as amended. SB 110. Do Pass. HB 456. Do Pass. HB 581. Do Not Pass.
Respectfully submitted,

Hicks of Floyd, Chairman.

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 following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 142-594B. Do Pass.
Respectfully submitted,
Mrs. Guerry of Macon, Chairman.

908

JOURNAL OF THE HOUSE,

Mr. Powell of Stephens County, Chairman of the Committee on Manufactures, submitted the following report:

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

SB 143. Do Pass.

Respectfully submitted,
Powell of Stephens, Chairman.

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:
Your Committee on Municipal Government have had under consideration the following bills of the House and hav._ instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 594. Do Pass. HB 593. Do ];>ass. HB 590. Do Pass. HB 588. Do Pass. HB 589. Do Pass.

Respectfully submitted,
Allison of Gwinnett, Chairman.

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

HB 245. By Messrs. Smith of Carroll, Thompson of Meriwether and Sharpe of Toombs:
A bill to be entitled an act to repeal an act approved March 30, 1939, making additions to the law of libel; and for other purposes.

HB 456. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to amend section 106-301 of the code of 1933 relative to registration of business conducted under trade names to require that notice of application to engage in business shall be published in the official organ for four weeks; and for other purposes.

TUESDAY, MARCH 2, 1943

909

HB 505. By Mr. Kendrick of Fulton:
A bill to be entitled an act to amend title 25, chapter 25-1 of the code of 1933 to provide credit unions shall pay the state banking department the same fees for examinations as banks, and shall pay the same taxes as provided for other property held by individuals; and for other purposes.

HB 586. By Mr. Norman of Henry:
A bill to be entitled an act to provide the county commissioners of Henry county shall not draw pay to exceed $270.00 per annum each, except the chairman; and for other purposes.

HB 587. By Mr. Norman of Henry:
A bill to be entitled an act to fix the salary of the clerk of the county commissioners of Henry county at $65.00 per month; and for other purposes.
HB 588. By Mr. Clark of Catoosa:
A bill to be entitled an act to create and establish a new charter for the Town of Ringgold; and for other purposes.
HB 589. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to authorize the City of Brunswick to close the alley between sections 9 and 10 of the Dart Homestead tract; and for other purposes.
HB 590. By Mr. Mcintosh of Mcintosh:
A bill to be entitled an act to authorize the City of Darien to close a certain portion of a street within said city and sell or dispose of the part so closed; and for other purposes.
HB 593. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta by extending the boundaries; and for other purposes.

HB 594. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta by extending the boundaries ; and for other purposes.

HR 142-594B. By Messrs. Gilbert and Gowen of Glynn:
A resolution to declare the proper name of a certain island in Glynn county, Georgia to be "Sea Island"; and for other purposes.

910

JOURNAL OF THE HOUSE,

SB 39. By Senator Moore of the 32nd district:
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 forecloseure; and for other purposes.

SB 110. By Senator Dean of the 34th district:
A bill to be entitled an act to provide for the suspension upon petttton of parties at interest of any trustee, administrator, executor, or guardian who enters the war service, and for appointment of a successor; and for other purposes.
SB 137. By Senators Hall of the 50th and Pittman of the 42nd districts:
A bill to be entitled an act to provide tax assessors cannot hold any state, county or municipal office while serving as tax assessor; and for other purposes.
SB 143. By Senators Lester of the 18th, Millican of the 52nd, and Arnold of the 26th districts:
A bill to be entitled an act to regulate the manufacture, baking, mix, compound, sale or offer for sale of flour and bread; to require the enrichment of flour and bread by the addition of vitamins and minerals; and for other purposes.

SB 179. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the pension act of Fulton county to increase the amount of maximum payable; to provide for payments of pensions for lesser periods of service; to create a pension board for Fulton county; and for other purposes.
SB 184. By Senator Martin of the 13th district:
A bill to be entitled an act to abolish the office of county treasurer of Macon county and designate a county depository; and for other purposes.
By unanimous consent, the following bills of the Senate were read the first time, and referred to the committees:
SB 171. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend code of 1933 relating to credit unions; and for other purposes.
Referred to Committee on Banks and Banking.

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911

SB 197. By Senator Kaigler of the 12th district:
A bill to be entitled an act to repeal an act approved November 24, 1893 entitled "An act to organize a county court for the County of Quitman," and to establish in lieu thereof a county court of Quitman; and for other purposes.
Referred to Committee on Special Judiciary.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:

1. SR 15. Eighteen year old voting. 2. HB '275. Admission to the bar. 3. HB 231. Relating to establishing of county lines m certain counties. 4. SB 94. Creating state board of embalmers. 5. SB 117. Reorganizing the state board of public welfare. 6. SB 11. Limiting campaign expenses. 7. SB 90. Providing for judges emeritus. 8. HB 286. Exemption from license for war veterans. 9. HB 471. To codify the law relating to fraternal benefit societies. 10. HB 547. Service on incompetents. 11. HB 525. Leave of absence to solicitors-general m the armed forces. 12. HB 233. Relating to tractor fuel oil. 13. HB 420. Interstate fisheries. 14. HB 513. Adoption law. 15. HB 281. Northeastern circuit bill. 16. HB 166. Paint bill. 17. HB 318. Examining boards.

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JOURNAL OF THE HOUSE,

18. HB 322. Liability on hotels.

19. HB 370. Relating to workmen's compensation.

20. HB 475. Sheriff's compensation.

Durden of Dougherty, Vice-Chairman,

Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage: SR 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st,

Pope of the 7th, Forester of the 44th, Terrell of the 19th, Ingram of the 51st, Kennedy of the 2nd, and Foster of the 40th districts:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Paragraph II of Section I of Article II of the Constitution of the State of Georgia relating to the qualifications of electors in this State, by providing the age and qualifications for electors; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section l. Upon approval of this Resolution in the manner hereinafter provided, that Paragraph II of Section I of Article II of the Constitution of the State of Georgia, as follows :
"Every male citizen of this State who is a citizen of the United States, twentyone years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State." be, and the same is, hereby amended by striking Paragraph II of Section I of Article II, as above set out, in its entirety, and that in lieu thereof a new Paragraph to be substituted, to be known as Paragraph II of Section I of Article II, and which shall read as follows :
"Every citizen of this State who is a citizen of the United States, eighteen years old orupwards, not laboring under any of the disabilities named in this Article, and possessing the qualification provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State."
Section 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon entered on their respec-

TUESDAY, MARCH 2, 1943

913

tive journals, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which Constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to Constitutional amendments.

Mr. McCracken of J e:fferson moved the previous question and objection was heard.

On the motion for the previous question, the ayes were 74, the nays 69, the motion prevailed and the main question was ordered.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander Allison Alwood Baker Barfield Bargeron Bennett Bentley Bowen Boynton Branch Broome Brunson Burton Campbell of Polk Cates Cheshire Clark Connell Cowart Crummey Dalton Daves Deal Drake Dukes Dunn DuPree

Durden Easler Etheridge Fortson Foster Fussell Gardner Gaskins Gavin Giddens Goldberg Gowen Graham Grayson Greene of Jones Hagan Hand Harden Hardy Hart of Quitman Hartness Hefner Herndon Hightower Hill of Clarke Hogg Holley Hurst

Jennings of Sumter Jennings of Terrell Joiner Johnston Jones Kelly of Walker Kendrick Key Knabb Looper Malone Mankin Martin Mavity Maund McCamy McCracken McEntire Mcintosh McNall Miller Mims Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Richmond

914

JOURNAL OF THE HOUSE,

Ogburn Overby Padgett Park Peck Pettit Phillips Pirkle Price Ray Reid Reynolds Riddlespurger Riley

Roper Rossee Rountree Salter Sills Smiley Smith of Carroll Smith of Dougherty Smith of Oglethorpe Smith of Washington Sumner Swint Thigpen Thomas

Those voting in the negative were:

Adams Anderson Bates Battles Boone Bridges Bynum Caldwell Campbell of Newton Cannon Chance Copland Culpepper Dallis Dorsey Dyal Edwards Elliott Ferguson Fisher

Gaston Gholston Gillis Greene of Schley Guerry Guyton Hart of Thomas Hatchett Hicks Hill of Troup Hooks Horne Hubert Johns Johnson of Pike Kelly of Thomas Littlejohn Mabry Mason Mills

Those not voting were:

Brewton Burnside Curry Dorsett Ennis Gilbert Gray

Heard Howard Livingston Medders Odom Pruitt Rees

Thrash Thurmond Waller Warnock Welsch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Woodruff Wright
Moate Nicholson of Oconee Norman Oliver Pannell Parker Porter Powell Roughton Russell Sharpe Sheppard Smith of Muscogee Sparks Strickland Thompson Weaver Wilbanks of Habersham Williams of Harris Yawn
Rowland Turner Willoughby Wilson Mr. Speaker

TUESDAY, MARCH 2, 1943

915

Mr. Campbell of Newton asked unanimous consent that verification of the roll call be dispensed with and objection was heard.

The roll call was verified.

On the adoption of the resolution, the ayes were 125, the nays 60.

The resolution having failed to receive the requisite constitutional two-thirds majority was lost.

Mr. Grayson of Chatham gave notice that at the proper time he would move that the House reconsider its action in failing to adopt SR 15.

l\1r. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.

The speaker called the House to order:

2:50P.M.

The following communication was received from His Excellency, the Governor, through the Honorable M. E. Thompson, executive secretary:

Ellis Arnall Governor

State of Georgia Executive Department
Atlanta

M. E. Thompson Executive Secretary
March 2, 1943.

TO THE GENERAL ASSEMBLY OF GEORGIA:
House Bill No. 421 was transmitted to the Executive Department on the 25th day of February, 1943, after duly passing the House and Senate.
This Bill provided for an amendment to the Act Approved August 24, 1905, as amended by the Acts of August 9, 1906 and August 22, 1907, entitling an Act to incorporate the town of Hull, partly in Madison and partly in Clarke Counties, so as to confer on the Mayor and Council the power and authority to regulate the use of it's streets for business purposes.
On February 26, 1943, I received the following communication from the authors of said Bill:
Dear Governor:
Mr. Price and myself signed a bill (H.B.#421) for Dr. Gholston of Madison County, relative to the Charter of the town of Hull, which is partly in Clarke and partly in Madison Counties. Later on, we found out that there was vigorous opposition from our constituents in Clarke County to our participating in a local measure affecting Madison County, so since we signed this bill only as a courtesy to Dr.

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JOURNAL OF THE HOUSE,

Gholston, we requested Dr. Gholston and his Senator, Mr. Whitworth, to substitute another bill for H.B.#421, to which they agreed at the time, but which they failed to do.
Therefore, we respectfully request you to veto this Measure.
Sincerely yours,
K. A. Hill Representative, Clarke County Olin Price
Dear Governor:
Anything you see proper to do with this Bill will be agreeable to me.
W. D. Gholston

In compliance with the above request of the authors of said Bill and in a spirit of co-operation with the members of the General Assembly, I am returning herewith House Bill #421 which I have vetoed this 2nd day of March, 1943.
Respectfully submitted,
Ellis Arnall, Governor.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 91. By Mr. Sheppard of Heard:
A bill to be entitled an act to amend section 32-904 of the 1933 code by providing that the compensation of members of the county boards of education shall not exceed $5.00 per day; and for other purposes.
The following Senate amendment was read:
Senator Bloodworth of the 22nd district moves to amend HB 91 by striking in line 8 of section one the words and figures 300,000 and inserting in lieu thereof the figures 80,000.
Mr. Sheppard of Heard moved that the House adopt the Senate amendment to HB 91.
On the motion to adopt the Senate amendment to HB 91, the ayes were 103, the nays 0.
The motion prevailed and the Senate amendment to HB 91 was adopted.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

TUESDAY, MARCH 2, 1943

917

HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Etheridge of Fulton, MeN all and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Foster of Paulding, Fortson of Wilkes, Hagan ~f Screven, Hand of Mitchell, Key of Jasper, Gowen of Glynn, Hurst and Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Gillis of Treutlen, Crummey of Wilcox, Heard of Elbert, and Smith of Dougherty:
A bill to be entitled an act to establish a board to be known as agricultural and industrial board of Georgia; and for other purposes.
The following Senate amendment was read:
The Committee of the Senate on State of Republic moves to amend HB 16 by striking section 1 in its entirety and substituting a new section to be known as section 1 to read as follows:
"Section 1. A Board known as the Agricultural and Industrial Development Board of Georgia is hereby created. The Board shall consist of 21 members. The members shall be: The Chairman of the Board of Regents of the University System of Georgia or a member of the Board of Regents designated by the Chairman, the State Superintendent of Schools, The Commissioner of Agriculture, The Director of Public Health, The Head of the Department of Conservation, the Chairman Ex-Officio, and 15 citizens from the State at Large appointed by the Governor. In making said appointments the Governor shall select citizens who are fairly representative of the fields of finance, industry, business, agriculture and labor. One of the members shall be appointed Chairman of the Board by the Governor. The Governor shall fill vacancies for unexpired terms by appointment."
Mr. McCracken of Jefferson moved that the House disagree to the Senate amendment to HB 16.
On the motion to disagree to the Senate amendment to HB 16, the ayes were 95, the nays 19.
The motion prevailed and the Senate amendment to HB 16 was disagreed to. Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

HB 275. By Messrs, Gowt!n and Gilbert of Glynn:
A bill to be entitled an act to amend an act approved March 1, 1933 and found in the Georgia laws 1933 pp. 224-225 entitled an act to regulate th~ practice of law in this state; and for other purposes.
Mr. Gowen of Glynn asked unanimous consent that HB 275 be postponed until Monday, March 8, 1943, and the consent was granted.

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JOURNAL OF THE HOUSE,

HB 231. By Mr. Reid of Carroll:
A bill to be entitled an act to _provide for the change of county lines lying within the limits of incorporated towns and cities; and for other purposes.
Mr. Woodruff of Barrow asked unanimous consent that HB 231 be postponed until Wednesday, March 3, 1943 and the consent was granted.
Mr. Mims of Miller asked unanimous consent that he be allowed to introduce a bill at this time and the consent was granted.
The following bill of the House was submitted by Mr. Mims of Miller, read the first time and referred to committee:

HB 606. By Mr. Mims of Miller:
A bill to be entitled an act to amend the workmen's compensation laws of Georgia so as to include all state, municipal and county employees; and for other purposes.
Referred to Committee on Industrial Relations.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

SB 94. By Senators Ingram of the 51st and Dean of the 34th districts:
A bill to be entitled an act to amend chapter 84-8 of the 1933 code with reference to embalmers by providing for an additional member; and for other purposes.
The following substitute to SB 94 was read and adopted:
By Mr. Harris of Richmond.
A bill to be entitled an act to amend Chapter 84-8 of the Code of Georgia of 1933 entitled "Embalmers", the same creating the Georgia State Board of Embalmers, defining their duties, etc., by repealing Section 84-803, the caption of same providing: "Georgia State Board of Embalming; creation; membership; appointment; qualifications; vacam;ies." by striking and repealing said Section in its entirety and substituting in lieu thereof a new Section 84-803, creating a Georgia State Board of Embalmers; providing for their appointment and the filling of vacancies; qualifications and license fees ; to repeal Section 84-804 in its entirety, the caption of said Section reading: ''Term of office of Board Members; removal from office." by substituting in lieu thereof a new Section 84-804 providing the term of office for Board members and removal of same for cause; and for other purposes.

TUESDAY, MARCH 2, 1943

919

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That Section 84-803 of the Code of 1933, the caption of said section reading: "Georgia State Board of Embalming; creation; membership; appointment; qualifications; vacancies." be amended by striking and repealing said Section in its entirety, and substituting in lieu thereof a new Section 84-803 which shall read as follows:
"Section 2. There shall be created a board to be known as the 'Georgia State Board of Embalming." The Board shall consist of six members to be appointed by the Governor. The members shall be practical licensed embalmers in good standing, with renewal license fees paid up to date, having experience in the business and the care of and the disposition of dead human bodies, and shall be residents of the State."
Section 2. That Section 84-804 of the Code of Georgia of 1933, the caption of said Section reading: "Term of office of Board members; removal from office." be amended by striking and repealing said Section in its entirety, and substituting in lieu thereof a new Section to provide the following:
"Section 3. Each member of the Georgia State Board of Embalmers shall serve for a period of four years from the date of his appointment or until his successor shall be named. Anyone having served as a member of said Board shall be eligible for re-appointment. The Governor shall have the power to remove from office any member of the Board for neglect of duty, incompetency, or improper conduct."

Section 3. That all laws or parts of laws m 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate ms1sts on its amendments to the following bill of the House and respectfully asks that a committee of conference be appointed:
HB 306. By Mr. Dunn of Lamar:
A bill to create a board of comm1ss1oners of roads and revenues in and for the County of Lamar; to define the qualifications, powers, and duties of the members; and for other purposes.

920

JOURNAL OF THE HOUSE,

The president has appointed as a committee of conference on the part of the Senate:
Senators: Millican of the 52nd, Ingram of the 51st, and Fowler of the 39th.
The Senate insists on its amendments to the following bill of the House and respectfully asks that a committee of conference be appointed:

HB 341. By Mr. Dunn of Lamar:
A bill to create a board of commissioners of roads and revenues in and for the County of Lamar; to define the qualifications, powers, and duties of
the members; and for other purposes.
The president has appointed as a committee of conference on the part of the Senate:
Senators: Millican of the 52nd, Ingram of the 51st, and Fowler of the 39th.
The Senate disagrees to the House substitute to the following resolutions of the Senate and respectfully asks that a committee of conference be appointed:

SR 31. Br Senator Lovett of the 16th and others:
A resolution proposing to the people of Georgia that paragraph 1 of section 9 of article 3 of the constitution be amended, and providing that members of the General Assembly shall receive $600.00 as full compensation for the complete legislative session; and for other purposes.
The president has appointed as a committee of conference on the part of the Senate:
Senators: Lovett of the 16th, Harrison of the 17th, and Arnold of the 26th.
The Senate insists on its amendments to the following bill of the House and respectfully asks that a committee of conference be appointed:
SR 32. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, and others:
A resolution proposing to the people of Georgia that paragraph 3 of section

TUESDAY, MARCH 2, 1943

921

4 of article 3 of the constitution be amended by striking and repealing said paragraph and inserting in lieu thereof a new paragraph to provide that the General Assembly shall meet on the second Monday in January, 1945, and biennially thereafter; and for other purposes.
The president has appointed as a committee of conference on the part of the Senate:
Senators: Lovett of the 16th, Harrison of the 17th, and Arnold of the 26th.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:

SB 173. By Senator Brock of the 37th:
A bill to authorize the board of regents of the university system of Georgia to provide by annuity or otherwise for the retirement of employees of the university system of Georgia; and for other purposes.
Under the order of business established by the Committee on Rules the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:

SB 117. By Senators Gross of the 31st, Atkinson of the 1st, Lester of the 18th, Bloodworth of the 23rd, Millican of the 52nd, Pope of the 7th, and Forester of the 44th districts :
A bill to be entitled an act to abolish the present board of public welfare; to repeal section 3 of the act of the General Assembly approved February 26, 1937; and for other purposes.
The following amendment was read and adopted:
Mr. Welsch of Cobb moves to amend SB 117 by striking from section one thereof the following language:
"Three members of the State Board of Social Security shall be appointed by the Governor and confirmed by the Senate for terms of two years; three members shall be appointed and confirmed for terms of four years; and four members shall be appointed and confirmed for terms of six years," and by substituting in lieu thereof the followin~:

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JOURNAL OF THE HOUSE,

"All members of the State Board of Social Security shall be appointed by the Governor and confirmed by the Senate for terms, respectively, to run concurrently with the term of office of the Governor making the appointment of such member or members, and to expire with the term of the Governor making such appointment, or appointments."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following resolutions of the Senate were taken up for the purpose of considering the House s~bstitutes thereto:

SR 31. By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, Whitworth of the 28th, Hall of the 50th, Stark of the 33rd, Martin of the 13th, Bloodworth of the 23rd, Raynor of the 4th, Ennis of the 20th, Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th, and Kaigler of the 12th districts:
A resolution proposing an amendment to article 3, section 9, paragraph 1 of the constitution to provide that members shall receive $600.00 as full compensation for a legislative session; and for other purposes.
The following substitute was read:
Committee substitute for SR 31:
A resolution proposing to the people of Georgia that paragraph 1 of section 9 of article 3 (section 2-2001 of the code of Georgia) of the constitution be amended by striking and repealing said paragraph 1 and inserting in lieu thereof a new paragraph to provide that members of the General Assembly shall receive a per diem of ten ($10.00) dollars and mileage not to exceed ten ( lOc) cents per mile and to fix the per diem of the president of the Senate and the speaker of the House of Representatives; and for other purposes.
Be it resolved by the General Assembly of Georgia, as follows:
Section 1. That paragraph 1 of Section 9 of Article 3 (Section 2-2001 of the Code of Georgia) of the Constitution of Georgia be amended by striking and repealing said paragraph 1 in its entirety and substituting in lieu thereof a new paragraph to read as follows: "Paragraph 1. The per diem of the members of the General Assembly shall be ten ($10.00) dollars; and mileage shall not exceed the ( lOc) cents for each mile traveled, by the nearest practicable route, in going and returning from the Capitol; but the President of the Senate and the Speaker of the House of Representatives shall each receive fifteen ($15.00) dollars per day."

TUESDAY, MARCH 2, 1943

923

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 anys 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 24th, 1939.
Mr. Durden of Dougherty moved that the House insist on its substitute and that a Committee of Conference be appointed to confer with a like committee of the Senate and the motion prevailed.
The speaker appointed as a Committee of Conference on the part of the House the following members of the House, to wit:
Messrs. Durden of Dougherty,
Culpepper of Fayette, and
Connel of Lowndes.

SR 32.

By Senators Lovett of the 16th, Ansley of the lOth, Kimbrough of the 25th, Whitworth of the 28th, Hall of the 50th, Raynor of the 4th, Ennis of the 20th, Williams of the 5th, Foster of the 40th, Shannon of the 21st, Preston of the 27th, and Kaigler of the 12th, Stark of the 33rd, Bloodworth of the 23rd, and Martin of the 13th districts:

A resolution proposing amendment to article 3, section 4, paragraph 3 of the constitution to provide for biennial sessions of the General Assembly and to abolish the ten day session; and for other purposes.

The following House substitute to SR 32 was read:

A RESOLUTION
Proposing to the people of Georgia an amendment to Article III, Section IV of the Constitution of Georgia, providing for sessions of the General Assembly

BE IT RESOLVED by the General Assembly of Georgia:
Section 1. The General Assembly of Georgia proposes to the people of Georgia that Article III, Section IV of the Constitution of Georgia be amended by striking all of paragraph III of said Article and Section and inserting in lieu thereof a new paragraph III, as follows:
"Paragraph III. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and biennially thereafter on the same date until the date shall be changed by law. By concurrent resolution, adopted by a majority of the members elected to both flouses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session no longer than seventy (70) days, in the aggregate, during

924

JOURNAL OF THE HOUSE,

the term for which the members were elected. If it shall adjourn the first regular session before the expiration of seventy days without fixing a date for reconvening, the General Assembly shall reconvene in regular session on the second Monday in January of the next year. All business pending in the House or Senate at the adjournment of any regular session may be considered at any later regular session of the same General Assembly as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and House of Representatives, as provided in Article V, Section I, Paragraph XIII of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."
Section 2. 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, 1939.
Mr. Durden of Dougherty moved that the House insist on its substitute for SR 32 and that a committee of conference be appointed to confer with a like committee of the Senate and the motion prevailed.
The speaker appointed as a committee of conference on the part of the House the following members of the House to wit:
Messrs. Durden of Dougherty,
Culpepper of Fayette, and
Connell of Lowndes.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

SB 11. By Senators Pittman of the 42nd, Gross of the 31st, Atkinson of the 1st, Stark of the 33rd, Lester of the 18th, Harrison of the 17th, Eubank of the 29th, Pope of the 7th, Forester of the 44th, Terrell of the 19th, Foster of the 40th, Millican of the 52nd, Kennedy of the 2nd, and Dean of the 34th districts:
A bill to be entitled an act to limit the amount of money that can be expended by candidates for the office of Governor; and for other purposes.
The following substitute was read and adopted:
By Messrs. Smith of Carroll and McCracken of Jefferson:

TUESDAY, MARCH 2, 1943

925

A BILL
To be entitled an act to limit the amount of money that may be expended on behalf of any candidate for any public office in this state in the conduct of either a campaign for nomination, or election; to provide penalties; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia as follows:
Section 1. No candidate for nomination to any office in any primary held in this State, and no candidate for any office in any general, or special, election in this State shall expend, or agree to expend, more than $25,000.00 in his campaign for nomination, or in any campaign for election in either a general, or special, election.
Section 2. That all candidates shall prepare and file with the ComptrollerGeneral an itemized statement, under oath, as prescribed in Section 34-2001 of the Code of Georgia of 1933, of all money expended in such campaign by himself, or his agents, and showing the purposes for which used and source from which such funds were derived.
Section 3. That any person who shall wilfully, or knowingly, violate any provisions of this Act shall be subject to impeachment from the office which he holds, or is elected.
Section 4. 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.

SB 90. By Senators Stark of the 33rd, Lester of the 18th, Raynor of the 4th, Harrison of the 17th, and Bacon of the 28th Districts:
A bill to he entitled an act to create the position of judges emeritus; to provide the eligibility of persons to be appointed such ; and for other purposes.
The following substitute was read and adopted:
By Mr. Weaver of Bibb:
A bill to he entitled an act to create the positions of judges emeritus, to provide the eligibility of persons for appointment to such positions; to provide the method of appointment to such positions, and salaries of those holding such positions and their tenure of office; to provide that such persons holding such positions shall constitute an advisory appellate council of Georgia;

926

JOURNAL OF THE HOUSE,

to provide for its duties and the duties of those holding such positions; 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 there is hereby created the offices of Judges Emeritus. Persons eligible for appointment to such office shall be any Judge of the Court of Appeals of the State of Georgia who shall have attained the age of seventy years, or who on his next birthday will be seventy years of age, and shall have been in continuous service as a judge for more than ten years upon the Court of Appeals of Georgia, or the Supreme Court, or partly upon one or the other of said courts, but with continuous unbroken judicial service for ten years. The Governor shall appoint to any such position any one eligible under the provisions of this Act, who shall advise the Governor in writing that he desires to resign from the office of Judge of the Court of Appeals and accept appointment as judge emeritus, and upon such appointment being made by the Governor the resignation shall automatically be effective. A Judge Emeritus shall receive an annual salary equal to twothirds of the salary provided by law for a judge of the Court of Appeals at the time of the appointment of such Judge Emeritus.

Section 2. Be it further enacted, That all persons appointed to any of the foregoing offices by this Act created shall hold office for life.
Section 3. Be it further enacted by the authority aforesaid that a Judge Emeritus shall constitute, or be a member of an Advisory Appelate Council, which Advisory Appelate Council is hereby created. It shall be the duty of such Advisory Appelate Council, and of its members, to consult the Supreme Court and the Court of Appeals, and to advise and assist each of said courts in the revision of the rules of practice of the said courts, in handling the administrative duties now or hereafter placed upon said courts by law; Provided, however, that the Advisory Appellate Council and its members shall not participate, directly or indirectly, in the decision of any cases coming before said courts for decision. It shall also be the duty of the said Advisory Appellate Council to consult with the Attorney-General and the assistants to the Attorney-General upon legal matters when their advice and consultation is requested. It shall further be the duty of the said Advisory Appellate Council to consult with committees of the General Assembly upon questions of law when their advice and assistance is requested.
Section 4. Be it further enacted, That there may be as many members of said Council as there are at any one time persons prevoiusly appointed and serving on said Council under this Act, added to the number otherwise eligible under this Act to be appointed.
Section 5. Provided, however, That any Judge of the Court of Appeals who offers for re-election, and is defeated in a primary or regular election, shall not be eligible to apply for or to accept appointment as Judge Emeritus, nor shall any such Judge be eligible to accept the provisions of this Act thereafter and before the expiration of the term of such Judge is then serving.

TUESDAY, MARCH 2, 1943

927

Section 6. Be it further enacted, That all laws and parts of laws m 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 ayes 'were 105, the nays 15.
The bill having received the requisite constitutional majority was passed, by substitute.
HB 286. By Messrs. Harden of Turner and Harris of Richmond:
A bill to be entitled an act to amend the act providing for the exemption of the payment of peddlers and business license tax to holders of disabled veterans' license; and for other purposes.
The following amendments were read and adopted:
Mr. Durden of Dougherty moves to amend HB 286 as follows: By striking the words "ten per centum" wherever they appear in said bill and substitute in lieu thereof, the words "twenty-five per centum."
Mr. Durden of Dougherty moves to amend HB 286 as follows: By adding a new section to be known as Section 3, as follows:
"Section 3. BE IT FURTHER ENACTED by the authority aforesaid that the State Revenue .Commissioner, upon request of the mayor or other executive officer of municipalities of this State, shall furnish such municipalities of this State with information as to the payment of income taxes by applicants for veterans' exemption under the terms of this bill and further provided that before such applicant shall receive such exemption, he shall be required to make an affidavit before the Ordinary that he is not subject to nor pays any income taxes to the State of Georgia."
Amend further by renumbering section 3 as Section 4.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 104, the nays 0. The bill having received the requisite constitutional majority was passed, as amended.
Mr. Welsch of Cobb asked unammous consent to introduce a bill at this time and the consent was granted.
H B 608. By Messrs. Welsch and Dorsey of Cobb:
A bill to be entitled an act creating a new charter for the City of Smyrna and give authority to pass zoning and planning laws and ordinances regulat-

928

JOURNAL OF THE HOUSE,

ing buildings and the use of property for buildings; and for other purposes. Referred to Committee on Municipal Governments.

HB 471. By Mr. Harris of Richmond:
A bill to be entitled an act to modify the laws of Georgia relating to Fraternal Benefit Societies; and for other purposes.
By unanimous consent, HB 471 was postponed until Wednesday, March 3, 1943.

HB 547. By Messrs. Mixon of Irwin, Harris and Nicholson of Richmond, Connell of Lowndes, Durden of Dougherty, and McCracken of Jefferson:
A bill to be entitled an act to amend section 49-208 of the code of Georgia 1933 to provide if a foreign guardian the judge of the superior court in the county in which all or any part of the property is situated may authorize the sale of property; to amend section 49-204 relating to service where personal service is impossible on notice of sale ; to amend section 49-410 providing that a committee of the property of an incompetent person who is a non-resident is authorize dto sell and convey property of his ward; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

HB 525. By Messrs. Mills and Battles of Decatur, Smith and Durden of Dougherty, Sumner of Worth, Hand and Gardner of Mitchell:
A bill to be entitled an act to provide for the granting of leaves of absence to solocitors general who enter the armed forces during the present emergency; and for other purposes.
The following amendment was read and adopted:
Messrs. Sumner and Johnston of Worth county move to amend HB 525 as follows:
By amending the caption of said bill to read as follows:
"An Act to grant leave of absence to such solicitors-general and such solicitors of city court or county court as now or hereafter may be in service in any branch of the armed forces of the United States of America during the present war; to provide for the discharge of the duties of his office pending his absence; to provide that any such officer absent on such leave shall be eligible for re-election at any election

TUESDAY, MARCH 2, 1943

929

held to elect a successor for the next term of his office, and to permit such absent officer to quali!y in absentia as a candidate therefor; and for other purposes."
By adding to said bill a new paragraph, to be numbered section 1-A, to be inserted next after section 1 of the bill, such new paragraph. to read as follows:
"Section 1-A. Any such solicitor general, or solicitor of a city court, or solicitor of a county court, while now or hereafter absent on such leave, shall be eligible for re-election in any elections, primary and general, which may be held to elect a successor for the next term of his office; and such officer absent on such leave may qualify in absentia as a candidate to succeed himself in any such election; and where the giving of written notice of candidacy is necessary, such absent officer on such leave may deliver such notice by mail or messenger to the proper officer with whom such notice is required to be filed; and, in primary elections where fees are required, such absent candidate may pay his fee in person, by mail, or by messenger, or by agent, as he see fit."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Durden of Dougherty moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted Mr. Gilbert of Glynn.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

930

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, March 3, 1943.
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 a 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:
l. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. The following resolution of the House was read and adopted: HR 150. By Mr. Durden of Dougherty:

A RESOLUTION
WHEREAS, the House and Senate have voted to meet in joint session today at eleven o'clock a. m. for the purpose of hearing a message from His Excellency, the Governor, and
WHEREAS, it appears that the time designated is inconvenient,
THEREFORE, BE IT RESOLVED by the House, the Senate concurring that the Senate and House do not meet in joint session at eleven o'clock a. m. and that a committee of five, three to be named by the Speaker of the House and two by the President of the Senate, be appointed to confer with the Governor and determine an appropriate time for a joint session to hear his message.
Under the provisions of the foregoing resolution the speaker appointed as a committee on the part of the House, the following members of the House to wit:
Messrs. Holley of Richmond, Sills of Candler, and DuPree of Pulaski.

WEDNESDAY, MARCH 3, 1943

931

By unanimous consent, the following bills of the House were introduced, read the first time and referred to committees:
HB 609. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton: A bill to be entitled an act to amend the charter of the City of East Point to provide for a deputy marshal; to provide for forfeiture of bonds in recorder's court; to provide method of appeal from recorder's court; to provide for voting by absentee ballot; and for other purposes. Referred to Committee on Municipal Government.
HB 610. By Mr. McCracken of Jefferson: A bill to be entitled an act to define child caring and day caring agencies and institutions; to transfer this service from the welfare department to the state board of health; and for other purposes. Referred to Committee on State of Republic.
HB 611. By Mr. McCracken of Jefferson: A bill to be entitled an act to transfer the supervision of services for crippled children from the welfare department to the state board of health; and for other purposes.
Referred to Committee on State of Republic.
HB 612. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to fix the number of deputies and assistants to county officials of Richmond county, and to fix their salaries; and for other purposes.
Referred to Committee on Counties and County Matters.
Mr. Foster of Paulding County, Chairman of the Committee on Amendments to the Constitution No. 1, submitted the following report:
Mr. Speaker: Your Committee on Amendments to the Constitution No. 1 have had under con-
sideration the following resolutions of the House and Senate and have instructed me as Ch'airman, to report the same back to the House with the following recommendations:
HR 149. Do Pass.
HR 108. Do Not Pass.
SR 37. Do Pass by substitute.
Respectfully, submitted,
Foster of Paulding, Chairman.

932

JOURNAL OF THE HOUSE,

Mr. Welsch of Cobb County, Chairman of the Committee on Amendments to Constitution No. 2, submitted the following report:

Mr. Speaker:

Your Committee on Amendments to Constitution No. 2 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 607. Do Pass.

Respectfully, submitted,

Welsch of Cobb, Chairman.

Mr. Sills of Candler 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:

HB 601. Do Pass.

Respectfully, submitted,

Sills of Candler, Chairman.

Mr. Sills of Candler 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:

HB 599. Do Pass.

Respectfully, submitted,

Sills of Candler, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker: Your Committee on Enrollment has examined, found properly enrolled and

WEDNESI)AY, MARCH 3, 1943

933

ready for transmiSSion to the Governor the following bills and resolutions of the House to wit:

HR 75.
HR 76. HB 91. HB 206. HB 296.
HB 339. HB 464. HB 481. HB 486.
HB 500. HB 501. HB 502.

Respectfully, submitted,

Johnson of Chattahoochee, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House to wit:

HR 151.

HB 16. HB 286. HB 525. HB 532.

HB 547.

Respectfully, submitted,

Branch of Tift, Chairman.

934

JOURNAL OF THE HOUSE,

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:

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

HB 597. Do Pass.

Allison of Gwinnett,

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:
Your Committee on :Municipal Government have had under consideration the following bill o{ the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 182. Do Pass.

Respectfully, submitted,
Allison of Gwinnett, Chairman.

Mr. Allison of Gwinnett 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:
HB 608. Do Pass.
HB 600. Do Pass.
Respectfully, submitted,
Allison of Gwinnett, Chairman.

Mr. Mason of Morgan County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 1 have had under consideration

WEDNESDAY, MARCH 3, 1943

935

the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 331. Do Pass as amended.
Respectfully, submitted,
Mason of Morgan, Chairman.
Mr. Gillis of Treutlen County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture No. 2, have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 106. Do Not Pass.
Respectfully, submitted,
Gillis of Treutlen,
Chairman~

Mr. Gillis of Treutlen County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Agriculture No. 2 have had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SR 51. Do Pass.

Respectfully, submitted,
Gillis of Treutlen, Chairman.

Mr. Hicks of Floyd County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. Speaker:

Your Committee on General Judiciary No. 2, have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 147. Do Pass.

936

JOURNAL OF THE HOUSE,

SB 148. Do Not Pass. SB 142. Do Pass. HB 431. Do Not Pass.
Respectfully, submitted,

Hicks of Floyd, Chairman.

Mr. Daves of Dooly 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:

HB 144. Do Pass by substitute.

HB 585. Do Pass.

Respectfully, submitted,

Daves of Dooly, Chairman.

Mr. Daves of Dooly 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 resolutoin of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 141-594A. Do Pass. Respectfully, submitted,

Daves of Dooly, Chairman.

Mr. Connell of Lowndes County, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. Speaker:
Your Committee on Public Utilities 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:

WEDNESDAY, MARCH 3, 1943

937

HB 506. Do Not Pass.
Respectfully, submitted,
Connell of Lowndes, Chairman.

Mr. Reid of Carroll 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 resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 120. Do Pass.

Respectfully, submitted,

Reid of Carroll, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 605. Do Pass. HB 602. Do Pass.

HB 604. Do Pass. SB 151. Do Pass.

SB 152. Do Pass.

Respectfully, submitted,

Mims of Miller, Chairman.

Mr. McCracken of Jefferson 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 resolutions of the House and Senate and have instructed me as Chair-

938

JOURNAL OF THE HOUSE,

man, to report the same back to the House with the following recommendations:

HB 574. Do Pass.

HB 595. Do Pass.

HR 147-600B. Do Pass.

SR 47. Do Pass.

Respectfully, submitted,
McCracken of Jefferson, Chairman.

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

HB 120. By Mr. Thigpen of Glascock:
A bill to be entitled an act to amend the act creating the board of commissioners of roads and revenues of Glascock county, so as to provide that all printing shall be done by the official organ of the county; and for other purposes.

HB 144. By Mr. Etheridge of Fulton:
A bill to be entitled an act to create a Georgia examining board for barbers and hairdressers, and to regulate barbers and hairdressers; and for other purposes.

HB 331. By Mr. Bynum of Rabun:
A bill to be entitled an act to make it a crime for any person to allow hogs to run at large for ten days following vaccination with cholera serum; and for other purposes.

HB 585. By Messrs. Nicholson of Oconee and MeN all of Chatham:
A bill to be entitled an act to provide any person who was in the final semester of his senior dental college year, who has been a resident of Georgia for twenty-five years, and who shall satisfy the board of dental examiners by passing an examination and furnishing a certificate signed by ten licensed dentists of his qualifications, shall be issued a license to practice dentistry; and for other purposes.
HB 597. By Mr. Kelly of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville to provide for a commissioner-city manager form of government; and for other purposes.

WEDNESDAY, MARCH 3, 1943

939

HB 599. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal the following acts; Ga. laws, extra session, 1937-1938, pp. 7861787; Ga. laws, 1939, pp. 540-542; Ga. laws, 1941, pp. 818, 819, 820, 821 and 823, relating to Clayton county commissioners; and for other purposes.

H B 600. By Messrs. Campbell and Livingston of Polk:
A bill to be entitled an act to amend the charter of the Town of Rockmart to create the Rockmart planning commission; and for other purposes.

HB 602. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to provide that the judge of the city court of Richmond county may practice law in civil cases not in his own court; and for other purposes.

HB 604. By Mr. Miller of Lanier:
A bill to be entitled an act to abolish the county court of Lanier and transfer pending matters to the Lanier superior court; and for other purposes.

HB 605. By Mr. Miller of Lanier:
A bill to be entitled an act to provide for four terms each year of Lanier superior court, and to fix the dates; and for other purposes.
H B 608. By Messrs. Welsch and Dorsey of Cobb:
A bill to be entitled an act creating a new charter for the City of Smyrna and give authority to pass zoning and planning laws and ordinances regulating buildings and the use of property for buildings; and for other purposes.
HR 149-600D. By Mr. Horne of Crisp:
A resolution proposing an amendment to article 7, section 7, paragraph 1, of the constitution to authorize the City of Cordele or Crisp county, or either of them to enter into contracts with hospital authorities; and for other purposes.
SB 142. By Senators Millican of the 52nd and Arnold of the 26th districts:
A bill to be entitled an act to authorize common trust funds; to authorize investments or participations therein; to prescribe the rights, powers and duties of banks, trust companies, fiduciaries, participants, beneficiaries and other persons; and for other purposes.

SB 147. By Senator Lester of the 18th district: A bill to be entitled an act to amend section 113-1409 of the code of 1933

940

JOURNAL OF THE HOUSE,

relating to filing of annual returns by administrators and executors to provide for filing returns within 30 days after the expiration of one year, and in January each year thereafter; and for other purposes.
SB 151. By Senator Shannon of the 21st district:
A hill to he entitled an act to provide for the holding of two terms of the Twiggs superior court each year, and fix the dates; and for other purposes.
SB 152. By Senator Shannon of the 21st district:
A hill to he entitled an act providing for two regular terms of the superior court in Twiggs county on the 2nd Mondays in April and October each year; and for other purposes.
SB 182. By Senator Bloodworth of the 23rd district:
A hill to he entitled an act to incorporate a new municipality in Houston county, to he known as Warner Robins; to declare the rights, powers, and privileges of said municipality and its officers; and for other purposes.

SR 37. By Senators Pittman of the 42nd and Lester of the 18th districts:
A resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment of article 3, section 4, paragraph 7, (section 2-1507 Ga. code of 1933) of the constitution of the State of Georgia, fixing the eligibility of members of the General Assembly to he elected or appointed to any state office; and for other purposes.

SR 51.

By Senators Lovett of the 16th, Kennedy of the 2nd, Harrison of the 17th, Arnold of the 26th, Forester of the 44th, Griner of the 45th, Shannon of the 21st, Eubank of the 29th, Pittman of the 42nd and Lester of the 18th districts:

A resolution proposing that the secretary of agriculture, Georgia's congressional representatives- and the President, he personally advised of the legislature's action by the transmission of copies of the foregoing resolution; and for other purposes.

HB 574. By Messrs. Kelly of Walker and Russell of White:
A hill to he entitled an act to provide that all milk and milk products sold for human consumption shall he pasteurized in all natural milk sheds with a population of 50,000 or more; and for other purposes.
HB 595. By Mr. Hooks of Emanuel:
A hill to he entitled an act to amend sub-section (h) of section 10 of the public safety act by providing persons who drive school buses shall not he classified as chauffeurs, but as operators; and for other purposes.

WEDNESDAY, MARCH 3, 1943

941

HR 141-594A. By Messrs. Rossee of Putnam and Cannon of Rockdale:
A resolution memoralizing senators and congressmen from Georgia to support legislation to establish a pharmacy corps in the United States army; and for other purposes.
HR 147-600B. By Messrs. Harris of Richmond, Smith of Carroll, Hand of Mitchell, McCracken of Jefferson, Durden of Dougherty, Gowen of Glynn and Key of Jasper:
A resolution providing for the appointment of a commission to prepare and submit to the next session of the General Assembly a proposed state constitution; and for other purposes.
SR 47. By Senator Lester of the 18th district:
A resolution to authorize .the state treasurer to destroy old records found to be of no material value in order to provide space for current records; and
.for other purposes.
HB 601. By Messrs. Harris, Holley and Nicholson of Richmond.
A bill to be entitled an act to provide for the payment of $15.00 by the person filing petition for divorce in Richmond county at the time of filing the petition; and for other purposes.
HB 607. By Mr. Thomas of Chattooga:
A bill to be entitled an act proposing an amendment to article 7, section 7, paragraph 1 of the constitution to allow the Chattooga county board of education, or the trustees of the Summerville school district to issue bonds in an amount not to exceed $35,000.00; and for other purposes.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. SR 15. Eighteen year old voting.
2. HR 31-llSA. Georgia Railroad bill.
3. HB 116. Georgia Railroad bill.
4. HB 471. To codify the law relating to fraternal benefit societies.
5. HB 231. Relating to county lines.
6. HB 233. Relating to tractor fuel oil.

942

JOURNAL OF THE HOUSE,

7. HB 420. Interstate fisheries. 8. HB 513. Adoption law. 9. HB 281. Northeastern circuit bill.
10. HB 166. Paint bill.
II. HB 318. Examining boards. 12. HB 322. Liability on hotels. 13. HB 370. Relating to workmen's compensation. 14. SB 125. Relating to sheriffs in the armed forces. 15. HB 475. Sheriffs compensation. 16. HB 543. Relative to printing school books. 17. HB 430. Power of attorney. 18. SB 92. Repealing tax on gasoline trucks. 19. HB 424. Absentee voting. 20. HR 133-577A. Payment to Mrs. J.D. Bridges. 21. HR 137-583A. Authorizing sale of 930 acres in Glynn county.
Durden of Dougherty, Vice-Chairman.

Mr. Grayson of Chatham moved that the House reconsider its action in failing to pass SR 15, to wit:
SR 15. By Senators Harrison of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Terrell of the 19th, Ingram of the 51st, Kennedy of the 2nd, Foster of the 48th districts:
A resolution proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to paragraph II of section 1 of article 2 of the constitution of the State of Georgia relating to the qualification of electors in this state by providing the age and qualification for electors; and for other purposes.
On the motion to reconsider the ayes were 99, nays 22.
The motion prevailed and SR 15 was reconsidered and placed in its proper place on the calendar.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

WED:t'.'ESDA Y, MARCH 3, 1943

943

SR 15. By Senators Harris of the 17th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Terrell of the 19th, Ingram of the 51st, Kennedy of the 2nd, and Foster of the 40th districts:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Paragraph II of Section I of Article II of the Constitution of the State of Georgia relating to the qualifications of electors in this State, by providing the age and qualifications for electors; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Upon approval of this Resolution in the manner hereinafter provided, that Paragraph II of Section I of Article II of the Constitution of the State of Georgia, as follows:
"Every male citizen of this State who is a citizen of the United States, twentyone years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people: Provided, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State." be, and the same is, hereby amended by striking Paragraph II of Section I of Article II, as above set out, in its entirety, and that in lieu thereof a new Paragraph to be substituted, to be known as Paragraph II of Section I of Article II, and which shall read as follows:
"Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote at any election by the people; Provdied, that no soldier, sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State."
Section 2. When said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon entered on their respective journals, it shall be published and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which Constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to constitutional amendments.
lV1r. Hand of Mitchell moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.

944

JOURNAL OF THE HOUSE,

The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were:

Adams Alexander Allison Alwood Baker Barfield Bargeron Bennett Bentley Boynton Brewton Broome Brunson Burnside Burton Bynum Campbell of Polk Cates Chance Cheshire Clark Connell Cowart Crummey Curry Daves Deal Drake Dukes Dunn DuPree Durden Easler Ennis Etheridge Fortson Foster Fussell Gardner Gavin Giddens Gillis

Goldberg

McCracken

Gowen

McEntire

Graham

Mcintosh

Grayson

McNall

Greene of Jones

Medders

Greene of Schley

Miller

Guyton

Mims

Hagan

Minchew

Hand

Mitchell

Harden

Mixon

Hardy

Moore of Baldwin

Hart of Qutiman

Moore of Taliaferro

Hart of Thomas

Nicholson of Oconee

Heard

Nicholson of Richmond

Hefner

Ogburn

Herndon

Oliver

Hightower

Overby

Hill of Clarke

Padgett

Hogg

Park

Holley

Peck

Hurst

Pettit

Jennings of Sumter

Phillips

Jennings of Terrell

Pirkle

Joiner

Powell

Johnson of Chattahoochee Price

Johnston

Pruitt

Jones

Ray

Kelly of Thomas

Rees

Kelly of Walker

Reid

Kendrick

Reynolds

Key

Riddlespurger

Knabb

Riley

Littlejohn

Roper

Livingston

Rossee

Looper

Rountree

Mabry

Russell

Malone

Salter

Mankin

Sharpe

Martin

Sills

Mavity

Smiley

Maund

Smith of Carroll

McCamy

Smith of Dougherty

WEDNESDAY, MARCH 3, 1943

945

Smith of Oglethorpe Smith of Washington Sumner Swint Thigpen Thomas Thrash Thurmond

Turner Waller Warnock Welsch Wells of Ben Hill Wells of Telfair Whipple

Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Willoughby Woodruff Wright

Those voting in the negative were:

Anderson Bates Battles Boone Bowen Bridges Caldwell Campbell of Newton Cannon Culpepper Dallis Dorsey Dyal Edwards Elliott

Ferguson Fisher Gaston Gholston Gray Guerry Hatchett Hicks Hill of Troup Hooks Horne Hubert Johnson of Pike Mason

Mills l\1oate Norman Pannell Parker Porter Roughton Sheppard Smith of M uscogee Strickland Thompson Weaver Williams of Harris Yawn

Those not voting were:

Copland Dalton Dorsett Gaskins

Gilbert Howard Johns Odom

Rowland Sparks Wilson Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 149, the ,nays 43.
The resolution having received the requisite constitutional two-thirds majority was adopted.
The following resolution of the House was read and adopted:
HR 151. By Mr. Durden of Dougherty:
A RESOLUTION
Be it resolved by the House, the Senate concurring, that the General Assembly convene in joint session in the hall of the House of Representatives at 3 o'clock today for the purpose of hearing a message from His Excellency, the Governor.

946

JOURNAL OF THE HOUSE,

Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HR 31-118. By Messrs. Mason of Morgan and Cannon of Rockdale:
A RESOLUTION
Proposing to the qualified voters of this State for ratification or rejection an amendment to Article VII, Section II of the Constitution of Georgia, providing that the Charter granted by the General Assembly of Georgia in 1833 to the Georgia Railroad Company, now the Georgia Railroad and Banking Company, or the Charters of any other similar corporations and the rights, privileges and immunities therein conferred, including the immunity from ad valorem taxation and the limitation upon the powers of the General Assembly to tax said corporation or corporations, be held and exercised subject to the right of the General Assembly to levy and provide for the collection of taxes upon the property, stock or income of said corporation or corporations in the same manner and at the same rate as now levied by the general law upon the property, stock or income of other similar corporations; to repeal conflicting laws; and for other purposes.
BE IT AND IT IS HEREBY RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section l. That Article VII of the Constitution of Georgia be and the same is hereby amended by adding a new paragraph to be numbered and to read as follows:
' "Paragraph V (a}. Henceforth the Charter granted by the General Assembly of Georgia of 1833 to the Georgia Railroad Company, now the Georgia Railroad and Banking Company, and the Charters of all similar corporations and all rights, privileges and immunities conferred therein, or by any amendments thereto, including the immunity from, or limitation upon, the right of the State and its political subdivisions to levy and collect taxes upon the property, stock or income of said corporation or corporations, shall be held and exercised subject to the right and power of the General Assembly to levy and provide for the collection of ad valorem or other taxes upon the property, stock or income of said corporation or corporations in the same manner that such taxes are now or hereafter levied and collected upon the property, stock or income of other similar corporations, any provision in the Charter or Charters of said corporation or corporations to the contrary notwithstanding."
Section 2. When this amendment shall have been agreed to by two-thirds of the membership of each House, and the "ayes" and "nays" thereon recorded in their respective journals, it shall be published, submitted to the people, and election held thereon and the results thereof determined and declared in the manner provided in the act approved March 24th, 1939, (Ga. Laws 1939, pp. 305, 307).
Section 3. All laws or parts of laws in conflict with this act are hereby repealed.

WEDNESDAY, MARCH 3, 1943

947

Mr. Durden moved that the House recess for one hour and the motion prevailed.
1:00 P.M. 2:00 P. M. The speaker called the House to order.

Mr. Pruitt of Lumpkin asked unanimous consent that he be allowed to introduce a resolution and the consent was granted.

The following resolution of the House was submitted by Mr. Pruitt of Lumpkin, read the first time and referred to committee:

HR 152-612A. By Mr. Pruitt of Lumpkin:
A resolution to appropriate the sum of $135.25 to pay Mr. L. T. Garrett for damages tp his truck caused by an asphalt distributor owned by the State Highway Department; and for other purposes.
Referred to Committee on Special Appropriations.

Further consideration of the following resolution of the House was again resumed:

HR 31-llSA. By Messrs. Mason of Morgan and Cannon of Rockdale:

A resolution proposing to the voters at the next general electoin an amendment to the constitution so as to provide for the taxation of the properties of the Georgia Railroad and Banking Company; and for other purposes.

Mr. Durden of Dougherty moved the previous question, the motion prevailed and the main question was ordered.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alwood Bargeron Bennett Bentley Boone Branch Bridges Brunson Burnside

Campbell of Newton Cannon Cates Chance Curry Dallis Dorsey DuPree Easler

Edwards Elliott Etheridge Gaskins Gaston Gavin Gholston Giddens Gillis

948

JOURNAL OF THE HOUSE,

Gray

Mabry

Greene of Jones

Mason

Greene of Schley

Maund

Hart of Quitman

McEntire

Hatchett

Mcintosh

Hefner

Medders

Herndon

Mills

Hightower

Mims

Hill of Clarke

Moate

Hill of Troup

Moore of Taliaferro

Hogg

Nicholson of Oconee

Jennings of Sumter

Padgett

Jennings of Terrell

Pannell

Johns

Parker

Johnson of Chattahoochee Phillips

Johnson of Pike

Pirkle

Jones

Price

Key

Rees

Knabb

Reid

Livingston

Reynolds

Those voting in the negative were:

Alexander Barfield Bowen Brewton Broome Bynum Cheshire Clark Cowart Culpepper Daves Deal Drake Dunn Durden Ennis Ferguson Fortson Gowen Graham

Grayson Guerry Hardy Heard Holley Hooks Horne Hubert Hurst Johnston Kendrick Mankin McCamy McCracken McNall Mitchell Mixon Moore of Baldwin Nicholson of Richmond

Riley Roper Roughton Sheppard Sills Smith of Carroll Smith of Muscogee Sparks Strickland Sumner Waller Warnock Wells of Telfair Whipple Williams of Coffee Williams of Harris Willoughby Woodruff Yawn
Norman Odom Park Peck Porter Powell Pruitt Riddlespurger Sharpe Smiley Smith of Dougherty Smith of Washington Swint Thigpen Thurmond Weaver Welch Wells of Ben Hill Wilbanks of Habersham

WEDNESDAY, MARCH 3, 1943

949

Those not voting were:

Adams Allison Anderson Baker Bates Battles Boynton Burton Caldwell Campbell of Polk Copland Dalton Dorsett Dukes Dyal Fisher Foster Fussell Gardner

Goldberg Guyton Hagan Hand Harden Hart of Thomas Hartness Hicks Howard Joiner Kelly of Thomas Kelly of Walker Littlejohn Looper Malone Martin Mavity Miller Minchew

Ogburn Oliver Overby Pettit Ray Rossee Rountree Rowland Russell Salter Thomas Thompson Thrash Turner. Wilbanks of Cherokee Williams of Gwinnett Wilson Wright Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 87, the nays 59.
The resolution having failed to receive the requisite constitutional two-thirds majority was lost.
Mr. Mason of Morgan gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Resolution No. 31-118A.
The following messages were received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill and resolution of the Senate to wit:

SB 138. By Senators Arnall of the 36th and Harrison of the 17th:
A bill to provide for the licensing of resident agents to represent companies writing fire, casualty and marine insurance or fidelity and surety bonds; to provide for the Georgia Insurance Commission; and for other purposes.
HR 150. By Mr. Durden of Dougherty:
A resolution whereas the House and Senate have voted to meet in joint session today at 11 o'clock for the purpose of hearing a message from His Excellency, the Governor, and the time designated is inconvenient and that

950

JOURNAL OF THE HOUSE.

a committee be appointed to confer with the Governor and determine an appropriate time for a joint session.
The president has appointed on the part of the Senate:
Senators Arnold of the 26th and Peterson of the 15th
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the of the House to wit:
HB 205. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton:
A bill to amend section 49-103 of the code of Georgia of 1933, entitled, "Testamentary guardian; appointment; bond, and dismissal"; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to wit:
HB 462. By Messrs. Smith and Reid of Carroll:
A bill to create a board of commissioners of roads and revenues for Carroll county; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite majority the following resolution of the House to wit:
HR 151. By Mr. Durden of Dougherty:
A resolution that the General Assembly convene in joint session in the hall of the House of Representatives at 3 o'clock today for the purpose of hearing a message from His Excellency, the Governor.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 23. By Senator Bloodworth of the 22nd:
A bill to declare leases of real estate for term nine hundred and ninety-nine years or longer to be grants in perpetuity; and for other purposes.
SB 77. By Senator Millican of the 52nd: A bill to authorize the Governor to sell all book plate metal belonging to the state; and for other purposes.

WEDNESDAY, MARCH 3, 1943

951

SB 164. By Senator Kaigler of the 12th:
A bill to amend an act to re-count the ballots in all primary elections held in the State of Georgia; and for other purposes.
SB 178. By Senator Millican of the 52nd:
A bill to amend an act to establish a new charter for the City of Atlanta; and for other purposes.
SB 203. By Senator Millican of the 52nd:
A bill to prescribe the place where electors shall vote in counties having a population of 200,000 or more; and for other purposes.
SR 58. By Senator Preston of the 27th:
A resolution authorizing the state library to furnish to the clerk of the superlor court of Walton county, without cost, certain enumerated volumes of the Georgia supreme court and court of appeals; and for other purposes.
HB 529. By Mr. Wells of Ben Hill:
A bill to amend an act creating the office of comm1sswners of roads and revenues for Ben Hill county; and for other purposes.
HB 530. By Mr. Wells of Ben Hill:
A bill to amend an act creating a county depository for Ben Hill county; and for other purposes.
HB 546. By Mr. Dorsey of Cobb:
A bill to authorize the commissioner and advisory. board of Cobb county to fix the compensation of the treasurer of Cobb county; and for other purposes.
HB 550. By Messrs. Smith and Roughton of Washington:
A bill to reduce the bond of the sheriff of Washington county from $10,000.00 to $5,000.00; and for other purposes.
HR 14. By Messrs. Foster of Paulding, Gowen of Glynn, McCracken of Jefferson
and others:
A resolution proposing to the qualified voters of the State of Georgia an amendment of article V of the constitution of the State of Georgia, by adding thereto a new section and a new paragraph to create a state game and fish commission; to provide for their appointment; and for other purposes.

952

JOURNAL OF THE HOUSE,

HR 57. By Messrs. Heard of Elbert and Burton of Lee:
A resolution that this General Assembly of the State of Georgia appropriate $2,000.00 to Willoughby Beauchamp and $750.00 to Harold Langston, the same to be paid from the funds of the public safety department or from the Governor's contingency fund; and for other purposes.
HR 94. By Messrs. Durden and Smith of Dougherty:
A resolution authorizing the state librarian and/or the Governor to furnish law books to Dougherty county; and for other purposes.
HR 144. By Messrs. Bynum of Rabun and Dunn of Lamar:
A resolution accepting the invitation of Hon. Wiley Moore to a barbecue to be had at a suitable time.
Mr. Campbell of Newton asked unanimous consent that the following bill of the House be taken from the calendar established by the Committee .on Rules as the order of business and the consent was granted:
HB 116. By Messrs. Mason of Morgan and Cannon of Rockdale:
A bill to be entitled an act to provide for the taxation of the properties of the Georgia Railroad and Banking Company; and for other purposes.
Mr. Harris of Richmond asked unanimous consent that the following bill of the House be taken from the calendar established by the Committee on Rules as the order of business and the consent was granted:
HB 471. By Mr. Harris of Richmond:
A bill to be entitled an act to codify the laws of the State of Georgia relating to fraternal benefit societies; and for other purposes.
The hour of convening the joint session of the House and Senate having arrived, the Senate appeared upon the floor of the House, and the joint session convened for the purpose of hearing a message from the Governor, was called to order by Honorable Frank C. Gross, president of the Senate.
The secretary of the Senate read the resolution providing for the joint session.
Accompanied by the Committee of Escort, the Governor appeared upon the floor of the House and delivered the following address:
MR. PRESIDENT, MR. SPEAKER AND MEMBERS OF THE GENERAL ASSEMBLY:
I appreciate the opportunit'y of coming here today so that I may quite frankly discuss with you the fiscal affairs of our State.
While the most important demand upon our State and its citizens is the winning of the war, yet we must not let the home front collapse in our all-out war effort.

WEDNESDAY, MARCH 3, 1943

953

It is my belief that the people of Georgia are as patriotic as those of any other State in the Union. I am of the considered opinion that the people of Georgia are demanding that we do everything possible to cooperate with the effort of the Federal Administration to the end that we may speedily defeat the forces of brutality which are seeking to deprive our people of liberty, freedom, democracy and the right to happiness.
As Governor of this State, I have a responsibility to give to the members of the General Assembly and to the people a true picture of State affairs and tell them what is happening in Georgia.
Quite frankily, I am distressed, perturbed and worried about State finances. I feel it my duty to let you know that the State Government is headed for financial collapse; that no amount of economy can pay bills unless we have the money with which to pay them.
I think it my duty to advise you that sympathy for the aged, the school teachers, the counties, wards of the State and State functions cannot provide for them, but finally we must have in the State Treasury the dollars with which to pay.
Early in the session I made an estimate of anticipated State income. The estimate was pessimistic. I pointed out the fact that the future was dark. Today I tell you that the pessimistic estimate made was not pessimistic enough; that the dark future has grown blacker and that we are now faced with a situation and a condition which, if unremedied, ultimately will bring chaos to the State Government.
As far as I am concerned if it is necessary for us to stop all State Services, leave our children uneducated, stop the entire functions of State Government in order to win the war, then I am in favor of winning the ~ar, but I candidly am impelled to call your attention to the realities with which the State is confronted.
Our State revenue continues to fall off drastically until today if we were to give to the school teachers every dime of gasoline tax under the present basis, we would still be short eight million dollars in meeting their current salary payments alone.
A great reduction in State revenue has been brought about in the past thirteen months under various plans of gasoline rationing. Up to the present time based on the rate of gasoline tax collections before rationing went into effect the State of Georgia has already lost $7,954,000.00.
The first form of gasoline rationing was a limitation on deliveries to the filling stations. Because of this limitation, the State from January, 1942 to July 22, 1942 averaged a reduction of $474,000.00 per month in collections. This amounts on an annual basis to $5,688.000.00.
On July 22, 1942, the coupon plan of rationing gasoline was put into effect and the loss of gasoline tax receipts was raised to $750,000.00 monthly, or $9,000,000.00 per year.

954

JOURNAL OF THE HOUSE,

In December, 1942, the value of .the gasoline tax coupon in Georgia was reduced from four to three gallons each and in the early part of January a ban was placed on pleasure driving in this State. In the last two or three weeks Federal Agents have been cracking down on violations of pleasure driving, particularly 011 Sunday driving. These latest changes have raised the loss in gasoline tax collectiom to $1,000,000.00 per month or $12,000,000.00 per year.
And we have not yet felt the full force of the ban on pleasure driving, the Federal Agents are now engaged in checking the various localities throughout the State for violations. This last change in rationing will raise oqr loss in gasoline tax to at least $1,300,000.00 per month or $15,600,000.00 per year and we do not know what other plans are in the offing to further curtail the use of gasoline in Georgia and in the other Seaboard States which are placed in this particular area.
I think it only proper to point out that while the State of Georgia, one of the Seaboard States, is losing $15,600,000.00 in gasoline tax revenue, the States which are not in the Seaboard area did not have rationing until December, 1942, or twelve months after rationing was put into effect in our State. Also in December, 1942, the value of the coupon in the Seaboard States was made to be. worth one-fourth less than in other States. Also the ban on pleasure driving extends only to Georgia and the other Seaboard States.
We can attribute $6,600,000.00 of our annual loss in gasoline tax revenue to the reduction of the value of the coupon and the ban on pleasure driving which is applicable only to Georgia and the other Seaboard States. The other $9,000,000.00 annual loss in gasoline tax revenue can be attributed to the rationing system as a whole.
And so, factually, the people of Georgia are in effect being called upon not only to submit to gasoline rationing, which we cheerfully and gladly do, but also we are confronted with the ultimate demand that in order to fully cooperate with the Federal rationing program we must also levy approximately $16,000,000.00 in new taxes against the people of the State if we are to carry on the State Government on relatively the same basis upon which it formerly operated.
Do not for a moment think that I am critical of the gasoline rationing system. I care not how discriminatory, unfair, silly or ridiculous some may think Federal regulations may be, as far as I am concerned I am going to cheerfully abide by them and as Governor I shall encourage the people of this State to cooperate with the Federal authorities in every possible respect.
I am proud of the fact that the first order of business of the present session of the General Assembly was to adopt a resolution committing the State Administration to a full and complete policy of cooperation with the Federal authorities in the prosecution and the winning of the war. However, we cannot close our eyes to realities. We must have the courage to face the facts and the facts are such that we must realize serious and difficult days are ahead for Georgia.
The truth of the matter is that we have largely financed the State on gasoline

WEDNESDAY, MARCH 3, 1943

955

taxes and now that the sale and use of gasoline is so drastically curbed, our State finds itself in a most distressing situation.
It seems to me that we do have some possible recourse. We must be careful not to be critical of Federal regulations but it seems to me that we would be within our full patriotic rights were 'we to communicate with the Georgia delegation in the Federal Congress and with the Senators and Congressmen of the other Seaboard States as well as with the Federal Congress and Federal officials and urge them to relax the rigid ban on rationing and consumption of gasoline in the Seaboard States now or at such early time as possible, provided, of course, such relaxation would not in any way interfere with the war effort.
If any relaxation of the ban interferes with the prosecution of the war, then, of rourse, we would not expect the ban to be relaxed because we are first for winning the war.
The fuel oil shortage in the east and the necessity for heating oil probably is not as keen now due to the fact that the winter season is rapidly growing to an end and it may be that if this matter is brought to the attention of the Federal authorities in a patriotic non-critical manner that at some early date some system may be worked out which will not interfere in the war effort and will still allow our State and th~ other Seaboard States some additional revenue from the sale and use of gasoline.
We are told that the reason for rationing is the transportation difficulty. It is not our fault but the fault rests with the transportation system of the entire nation. All of the States are in this war together. We are going to win it together or we are going to lose it together. I submit that it might not be out of line to suggest to Congress that in event the restrictions on gasoline cannot be relaxed in the States which are now suffering in a degree greater than other States, that some consideration might possibly be given to reimbursing the States in which gasoline rationing went into effect a year earlier than in other States so as to help make up for this loss in revenue which weighs heavily against some States and less heavily against others.
If neither of these plans are availing, then we in Georgia must either determine to drastically raise taxes or else to close down our schools and other necessary State functions. I would not have any member oi the Assembly or any person in this State to think that the statement of facts herein made are intended to in any way reflect upon the administrative program of our Washington authorities but we must let the people know here in Georgia what they are to expect. We cannot pay the school teachers; we cannot carry on the State Government with no money.
A word about teacher retirement. I favor a reasonable system of teacher retirement and hope that this Assembly will pass an Enabling Act authorizing a system 'lf teacher retirement when and if the General Assembly appropriates money to care for it. But I am not in favor of deceiving the school teachers and we cannot possible finance a system of teacher retirement when we are worrying about how we are going to pay the teachers the current salaries they have earned.

956

JOURNAL OF THE HOUSE,

I want to thank Speaker Harris and the House leadership for having held the teacher retirement Enabling Act off the calendar until we have had a chance to carefully survey the situation. Their actions have followed my request and I appreciate very much their cooperation in refusing to be parties who would mislead the school people of Georgia. I am perfectly willing, and they are perfectly willing, at this time to enact the enabling measure, even before the constitutional amendment has been approved, with a provision in it that the plan shall not be put into effect unless and until the General Assembly appropriates money for that purpose and, of course, the Assembly cannot appropriate money for that purpose until and unless we have the money in the State Treasury to carry on the retirement system. So, even if the Legislature passes the Enabling Act, which I hope it will, the teachers of the State must not fall into the error of thinking that they will get a retirement payment immediately; it will probably be years before our State is able to pay the bill. We must not fool our beloved school teachers.
Not only must we manage to carry on the current State operations on less money than we have ever had but we must also manage somehow to try to pay off the State debt which on January 12, 1943, amounted to $35,981,630.38. We are making some progress in reducing the State debt and on March 25th it is our plan to pay $2,650,000.00 to the counties which represents an outstanding debt evidenced by certificates of indebtedness. Approximately $2,000,000.00 in State bonded indebtedness is due June 30, 1944, and I am ambitious to pay off this part of our outstanding indebtedness which has been in effect for more than one hundred years. We have reduced highway expenses and cancelled out outstanding contracts which will ultimately reduce this indebtedness. But even with these economies and payments, we have a rocky and rough road ahead.
We are going to try to operate the State on the money we have. I hope no new tax bills will be passed at this time. I still tell you that I will sign no new tax bill8 passed at this session. I hope that you will not enact measures which would make it mandatory on the State Government to now increase payments from the State Treasury in the form of benefits to select groups and classes. I hope you will not take off taxes we now have.
I want to again go on record as telling you and the people of Georgia that this is the finest Legislature ever to assemble in the State Capitol and I believe the people of Georgia realize and appreciate the trtie merit, ability and character of the members of this General Assembly.
I want to again tell you that if it is possible to wind up your deliberations prior to the time fixed by law for adjournment, such action would be certain to add to the prestige of this Assembly. But I would not have you, nor would the people want you, to abandon your work until you are finished. But if by continual session and hard work you are able to complete your calendar prior to the time fixed by law and are able to adjourn before the legal deadline, you will have established an unequalled record for legislative dispatch and action unequalled in the history of Georgia.
And so while financial affairs grow darker, the hope for Georgia's ultimate

WEDNESDAY, MARCH 3, 1943

957

future grows brighter and with your continued help and the continued support of the people of Georgia, we will do our best in this difficult time to write a worthwhile page in the history of our State.
Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve and the motion prevailed.
The speaker called the House to order.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time, and placed upon their passage:
HB 231. By Mr. Reid of Carroll:
A bill to be entitled an act to provide for the change of county lines lying within the limits of incorporated towns and cities; and for other purposes.
The following committee amendment was read and adopted:
The Committee on Counties and County Matters moves to amend House Bill No. 231 by striking Section 1 in its entirety and substituting therefor a new section to read as follows:
Section 1. That whatever the boundary line of one or more of the counties of this State shall lie within the corporate limits of any town or city having less than 2500 inhabitants, and it is desired to change the county lines and bring the said town or city wholly in the limits of one county only, the change of such county lines shall be effected in the following manner.
The municipal authorities of said town or city shall submit the matter as herein provided to the lawful voters of said municipality at any general election therein, or at any special election for that purpose, after advertising the same in either case once a week for four weeks, in the public gazetta in which the sheriff's advertisements are published, in each of the counties whose boundary-lines lie within the limits of said municipality, and also in a public gazette, if there be one, published therein. Said special election shall be had not earlier than thirty days after the publication of the first notice, and shall be held under the same rules and regulations as provided for members of the General Assembly. At any such general or special election the question shall be submitted in such manner as to enable each voter to say whether he desires any change in the existing county lines, and which of the adjacent counties he desires the municipality to be included within. Whenever, at any such general or special election, a majority of the votes cast thereat shall be in favor of changing the county lines so as to bring the municipality wholly within the lines of any particular one of the adjacent counties, the mayor and clerk of said town or city shall within thirty days certify the results of such election to the ordinaries or boards of county commissioners or other officers having control of the county business in each of the counties affected. The said municipal and county authorities shall thereupon proceed to readjust and change the lines of the counties affected in such manner as to include the said municipality wholly within the limits of the particular county

958

JOURNAL OF THE HOUSE,

fixed upon by said election, and shall cause a description and map of the new lines to be filed and recorded in the offices of the clerks of the superior courts of each county affected, and shall an official notice of the change and description to be published once a week for four weeks in a public gazette in their respective counties, and thereupon the new line or lines shall be held to be established line in lieu of the original line or lines. All costs incurred in connection with the said change of line or lines shall be paid by the said town or city desiring the same.
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 99, the nays 9.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Reid of Carroll gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 231.
)'he following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 306. By Mr. Dunn of Lamar:

A bill to be entitled an act to create a board of commissioners of roads and revenues for the County of Lamar; and for other purposes.
The following Senate amendment was read:
Senator Bloodworth of the 22nd district moves to amend House Bill No. 306 by adding thereto another paragraph to read as follows:
Section 15. Be it further enacted by the authority aforesaid that the ordinary of Lamar county shall call an election to be held on the 5th day of May, 1943, 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 thirty (30) days prior to the date of holding said election in the newspaper in which sheriff's 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 the creation of a board of commissioners of roads and revenues in and for the County of Lamar," that all persons who are opposed to the adoption of this Act shall have written or printed on their ballots: "Against the creation of a board of roads and revenues in and for the County of Lamar." If a majority of the registered, qualified voters of the County of Lamar voting in said election vote in favor of the creation of a board of commissioners of roads and revenues for the County of Lamar, then this act shall go into effect 10 days after the 5th day of May, 1943, and Section 11 above of this Act shall not become effective unless and until the referendum provided for in this section shall have been complied with.
Section 16. If a majority of the registered, qualified voters of the County of Lamar voting in said election vote against the creation of a board of commissioners

WEDNESDAY, MARCH 3, 1943

959

of roads and revenues for the County of Lamar, then this act shall be null and void and of no effect.
Senator Bloodworth of the 22nd district moves to amend House Bill No. 306 by striking the name "Dan I. Armstead" in line three of section 2 and wherever the same may appear in said bill and substituting therefor the name Dr. D. G. Berry.
Mr. Dunn of Lamar moved that the House insist in its disagreement to the Senate amendment to House Bill No. 306 and that a Committee of Conference be appointed to confer with a like committee of the Senate and the motion prevailed.
The speaker appointed as a Committee of Conference on the part of the House the following members of the House to wit:
Messrs. Dunn of Lamar, Hand of Mitchell, and Minchew of Atkinson.
HB 341. By Mr. Dunn of Lamar:
A bill to be entitled an act to repeal an act to create an advisory board to be in charge of roads and revenues for the County of Lamar; and for other purposes.-
The following Senate amendment was read:
Senator Bloodworth of the 22nd district moves to amend House Bill No. 341 by adding thereto another paragraph to read as follows:
Section 5. Be it further enacted by the authority aforesaid that the ordinary of Lamar county shall call an election to be held on the 5th day of May, 1943, 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 thirty (30) days prior to the date of holding said election in the newspaper in said county which sheriff's 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 advisory board of Lamar county," and all persons who are opposed to the adoption of this act shall have written or printed on their ballots the words: "Against abolishing the advisory board of Lamar county." If a majority of the registered, qualified voters of the County of Lamar voting in said election, vote in favor of abolishing the advisory board of Lamar county, then this act shall go into effect on the tenth day of May following said election. If a majority of the registered, qualified voters of the County of Lamar voting in said election, vote against the abolition of the advisory board of Lamar county, then this act shall be null and void and of no effect.
Mr. Dunn of Lamar moved that the House insist on its disagreement to the Senate amendment to House Bill No. 341 and that a Committee of Conference be appointed to confer with a like Committee of the Senate and the motion prevailed.

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The speaker appointed as a Committee of Conference on the part of the House the following members of the House to wit:
Messrs. Dunn of Lamar, Hand of Mitchell, and Minchew of Atkinson.
HB 67. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to fix the salary of the deputy msurance commissioner; and for other purposes.
The following Senate substitute was read:
A bill to be entitled an act to fix the salary of the deputy insurance commissioner of the State of Georgia; to repeal section 56-102 of the code of the State of Georgia; 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 from and after the approval of this act, the salary of the deputy insurance commissioner shall be fixed by the insurance commissioner of the State of Georgia, and comptroller general. No other salary, fees or compensation by virtue of his office as deputy insurance commissioner shall be paid to him, other than that fixed by the insurance commissioner, and said comptroller general.
Section 2. Section 56-102 of the code of Georgia and all laws and parts of laws in conflict with this act are hereby repealed.
Mr. Brunson of Bulloch moved that the House insist on its disagreement to the Senate substitute for House Bill No. 67 and that a Committee of Conference be appointed to confer with a like committee of the Senate and the mqtion prevailed.
The speaker appointed as a Committee of Conference on the part of the House the following members of the House to wit:
Messrs. Deal of Bulloch, Brunson of Bulloch, and Weaver of Bibb.
Under the regular order of business, the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 174. By Messrs. Deal and Brunson of Bulloch:
A bill to be entitled an act to amend the act entitled "An act to provide for exemption of taxation to the owner of personal property" providing that the date of filing application for exemption shall be changed from April 1st to May lst; and for other purposes.

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The following Senate amendment was read:
Senator Bloodworth of the 22nd district moves to amend House Bill No. 174 by adding at the end of section 1 of said act, and immediately following the words "municipal purposes" a new paragraph to read as follows: Where the property is jointly owned by the occupant and others, such occupant or occupants shall be entitled to an exemption up to a maximum amount allowed by law in proportion that the occupant's or occupants' interest in the property bears to the total tax assessed value of such property.
Mr. Deal of Bulloch moved that the House mstst on its disagreement to the Senate amendment to House Bill No. 174 and that a Committee of Conference be appointed to confer with a like committee of the Senate and the motion prevailed.
The speaker appointed as a Committee of Conference on the part of the House the following members of the House to wit:
Messrs. Weaver of Bibb, Deal of Bulloch, and Brunson of Bulloch.
Under the regular order of business, the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 233. By Messrs. Smith of Dougherty, Odom of Baker, Bargeron of .Burke and Durden of Dougherty:
A bill to be entitled an act providing for inspection, analysis, and test of gasoline, kerosene, and other petroleum products so as to provide for the definition and minimum specifications for tractor fuels; and for other purposes.
The following substitute was read and adopted:
By Mr. Smith of Dougherty:
Substitute for House Bill No. 233.
A BILL
To be entitled an Act to amend the Motor Fuel Tax Law (Georgia Laws 1937, pages 167-207) paragraphs 92-1402 (B) and 92-1403 (E), by striking therefrom the words and figures "two hundred degrees" (2000) where they appear in said paragraphs, and inserting in lieu thereof the words and figures "one hundred eighty degrees" (180), also by striking the words "and/or" where they appear in said paragraphs, and inserting in lieu thereof "or," also by inserting the word "either" between the word "with" and letter "a," where they appear in the seventh line of said paragraph 92-1402 (B), and by inserting the word "either" between the word "with" and the letter "a," where they appear in the 4th line of said paragraph 92-1403 (E); 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:

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Section 1. That paragraph 92-1402 (B) of the Motor Fuel Tax Law (Georgia Laws 1937, pages 167-207) be, and the same is hereby amended by striking therefrom the words and figures "two hundred degrees" "(200) ", where they appear in said paragraph, and inserting in lieu thereof the words and figures "one hundred eighty degrees" "(180o)", also by striking therefrom the words "and/or" and inserting in lieu thereof the word "or", also by inserting the word "either" between the word "with" and letter "a" where they appear in line seven of said paragraph, so that said paragraph when amended shall read as follows:

(B) "Motor Fuel" shall mean and include all products commonly or commercially known or sold as gasoline, benzol, benzine, or naphtha, regardless of their classification or uses, and any other liquid of a kind prepared, advertised, offered for sale or sold for use as, or used as, a fuel for internal combustion engines ; except that it does not include kerosene, or any other petroleum products with either a flash of more than one hundred degrees ( 100o) Fahrenheit, or with an initial boiling point of one hundred eighty degrees (1800) Fahrenheit, or over (as determined by the distillation tests prescribed by the Bureau of Mines of the United States Government for gasoline), when such products are sold for use otherwise than as a fuel for the propulsion of motor vehicles on the public highways; and that nothing in this act shall exclude the tax on kerosene of one cent per gallon placed on same by Section "B" of Subsection 92-1403 of Section "B" of Subsection 92-1403 of Section 1 of said bill.

Section 2. That paragraph 92-1403 (E) of the Motor Fuel Tax Law (Georgia Laws 1937, pages 167-207) be, and the same is hereby amended by striking therefrom the words and figures "two hundred degrees" "(200)" and inserting in lieu thereof the words and figures "one hundred eighty degrees" " ( 180o) ", also by striking therefrom the words "and/or" and inserting in lieu thereof the word "or," also by inserting the .word "either" between the word "with" and the letter "a" where they appear in the 4th line of said paragraph as amended shall read as follows:

(E) Provided further, that the six ($0.06) cents per gallon tax on the sale or use of motor fuel shall not be imposed upon the sale or use of kerosene or any other petroleum products with either a flash or more than one hundred degrees ( 100) or with an initial boiling point of one hundred eighty degrees ( 180) Fahrenheit, or over (as determined by the distillation tests prescribed by the Bureau of Mines of the United States Government for gasoline), when such products are sold for use otherwise than as fuel for the propulsion of motor vehicles on the public highways.
Section 3. 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, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 110, the nay.s 0.

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963

The bill having received the requisite constitutional majority was passed, by substitute.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 462. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to create a board of commissioners of roads and revenues in and for the County of Carroll; and for other purposes.
The following Senate Committee substitute was read:
An Act to create a Board of Commissioners of Roads and Revenues for the County of Carroll; to provide for election ot members thereof; to provide for referendum; to define their powers and duties; to provide for an Executive Director or Clerk and define his powers and duties; to fix the salary of members of said board and the Executive Director or Clerk; til repeal all laws in conflict herewith, 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 on Tuesday after the first Monday in August or at such time as the general election is held the Ordinary of Carroll County shall submit for the approval of the voters of said County a proposal as to whether Carroll C(\Unty shall have one or three Commissioners of Roads and Revenues. In case there is no general election in 1943, the Ordinary shall call a special election to be held on Tuesday after the first Monday in September, 1943. He shall have ballots prepared which will read,
"I favor one commissioner" and "I favor three commissioners." In the case a majority of the voters voting in this election cast their ballots for three commissioners this Bill will be in effect; however, if a majority of the voters of Carroll County favor one commissioner this Bill is void and of no effect.
Section 2. That a Board of Commissioners of Roads and Revenues for County of Carroll, to consist of three members, is hereby created.
Section 3. Be it further enacted, that qualifications to hold this office or offices shall be the same as applies to other county officers. No two persons shall be eligible to be elected to or hold office of commissioner of Carroll County during same term from any one militia district of said County. In the event there are two or more candidates for this office residing in one militia district of said County, of the candidates of such district only the candidate receiving the highest number of votes in the election shall be declared elected.
Section 4. Be it further enacted that at the time the election is held in County of Carroll for election of County officers beginning with the year 1944 there shall be elected the three commissioners as provided for in this Act. The three candidates for said office receiving the highest number of votes in said election shall hold the

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office for a term of four years, beginning January 1, 1945, and until their successors in office are elected and qualified. All of said commissioners shall be elected by voters of Carroll County as a whole.
Section 5. Be it further enacted that should a vacancy occur in membership of
said board by death, resignation, or otherwise, the majority of other members of said board shall elect his successor for the residue of the term of such commissioner, provided that such successor shall be a resident of a militia district not then having a representative on said board and shall be approved in writing by Ordinary of Carroll County, such election by the board and approved by the Ordinary to be spread upon the minutes of the board. Provided further that should the said board fail to agree upon any one to fill said vacancy, or fail to agree upon a person who meets the approval of said Ordinary, then the Ordinary of Carroll County shall within thirty days call a special election to be held within not less than sixty days to fill said v;;cancy, said election to be held as provided by law for holding special election~.
Section 6. Be it further enacted that before entering upon their duties as commissioners, each commissioner shall take and subscribe to an oath for the faithful performance of their duties as commissioners, which said oath shall be taken before the Ordinary of said County or Judge of Superior Court of said County and in addition thereto each of said commissioners shall give bond with good security thereon, approved by Ordinary of said County, in the sum of $2,000 payable to Ordinary of said County and his successors in office, conditioned upon the faithful discharge of his duties as commis&ioner.
Section 7. Be it further enacted that regular meetings of the Board of Commissioners of Roads and Revenues as herein provided shall be held at the Courthouse of Carroll County once a month on the first Tuesday in each month beginning with first meeting on first Tuesday in January, 1945. Special meetings may be held at the call of Executive Director or Clerk herein provided for, who shall call same upon his own initiative when county matters require, or when requested to do so in writing by any three members of said board, provided that each member shall be given due notice in writing of such special meeting at least two days before time of such meeting. However, such notice may be waived by all members attending such meetings and assenting thereto, or in event any one or more commissioners absent, their waiver of such notice in writing. Notations of assent ani waiver to be spread upon minutes of such meeting.
Section 8. Be it further enacted that at the first meeting of members of said board, or at not later than second meeting of same and at first or second meeting of said board every two years thereafter, said board shall elect a person to serve as Executive Director or Clerk of said Board of Commissioners of Roads and Revenues of Carroll County. These two offices to be held by one person so elected. Said Executive Director or Clerk shall be elected from among the members of said board, or the board may, if in its discretion it deems best, elect to such office a person not a member of said board. To be eligible to hold said office of Executive Director or Clerk, the person as elected shall not be less than 25 years of age, have had experience in keeping books and records, and in practical business. He shall be so elected

WEDNESDAY, MARCH 3, 1943

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for a term of two years and his office shall not be declared vacant or his salary reduced during his term of office except by affirmative vote of mem!Jers of entire board, and approval of Ordinary of said county in writing. Said vote and approval ot 01dinary shall be spread upon minutes of the board.
Section 9. Be it further enacted that said Executive Director or Clerk shall devote his entire time to the duties of said office, and shall not hold either directly or indirectly any other salaried office or position, and shall not be engaged in any other business that requires any part of his time, shall keep office hours in offices of board of commissioners in Courthouse of Carroll County, such as are kept by Clerk of Superior Court and Ordinary of said County, and shall be available to the public in connection with affairs pertaining to the county, except such time as he is required to be out of said offices in connection with county business.
Section 10. Be it further enacted that said Executive Director or Clerk shall preside at all meetings of said board and keep minutes of same; at the close of such meeting the minutes of such meeting shall be read and approved by said board, such approval being verified by signature of at least two members of the board; shall call meetings of the board as herein provided; shall before each meeting prepare in writing a list of matters pertaining to county affairs and such county matters as have been brought to his attention by citizens of the county to be brought to the attention of the board at such meeting; shall keep himself informed as to conditions of all county property and roads so as to be prepared to inform the board with respect to same and to make recommendations with respect thereto; shall at the end of each month make out list of all expenditures during the month for which warrants have been issued, and the names of to whom issued, and the amounts, which shall be presented to the board for their examination and approval and kept as permanent records of the board; it shall be his duty to keep in touch with State and Federal authorities who have charge of roads and road buiding, to secure and keep in office of commissioners and familiarize himself with all free bulletins bearing upon the subject of road building, and have same available for the board; shall keep accurate records of all county affairs under jurisdiction of the board and the actings and doings of said board; shall keep all records herein required to be kept by said board; shall issue all county warrants and checks and make all payments approved and directed by the board, all county checks and warrants shall be countersigned by a member of the board who shall be designated by board for such purpose; shall execute in the name of the county all bills of sale and conveyances of county property as directed by the board, and shall generally. do and perform all duties of office of chairman and clerk of a board.
Section 11. Be it further enacted that in the event said Executive Director or Clerk so elected is one of the elected commissioners he shall give a bond in the sum of $10,000 in lieu of the bond hereinbefore provided for, for each commissioner, and he shall have the right and duty to vote on all matters coming before the board. In the event the person elected Executive Director or Clerk is not one of said elected commissioners he shall before entering upon the duties of his office give a bond in the sum of $10,000 conditioned for faithful performance of duties of his office and

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payable as hereinbefore provided for commissioners bonds, and he sball not have the right to vote on matters coming before said board.
Section. 12. Be it further enacted that each member of elected board of commissioners, other than Executive Director or Clerk, shall be paid annually the sum '>f $500 to be paid in monthly or quarterly installments as said board ~hall direct and said sum shall be in full compensation for services as members of said board. The Executive Director or Clerk shall be paid such salary as the board shall direct not to exceed the sum of $2400 per year, to be paid monthly. In addition he shall be paid such necessary traveling expenses as in the discretion of the Board it shall authorize and direct, not to exceed the sum of $500 per year, and only to be paid when such expenses have been incurred with the approval and at the discretior of the board. In the event said Executive Director or Clerk is one of the elected commissioners said salary so fixed shall include and not be in addition to the compPnsation hereinbefore provided for each commissioner.
Section 13. Be it further enacted that Board of Commissioners of Roads and Revenues is hereby vested with exclusive jurisdiction and control over the following matters, to wit: directing, controlling and caring for all property of the county according to law; levying taxes for county purposes according to law; establishing, altering or abolishing public roads, bridges and ferries in conformity to law; establishing, abolishing or changing election precincts and militia districts according to law; supervising the tax officers' books and allowing the insolvent list of said county according to law; in connection with amounts of commissions or fees claimed by Tax Collector and Tax Receiver the said board is directed to retain at least fifteen p<:r cent of amount claimed until books of said officers have been audited and amount claimed found to be correct; in examining and auditing all claims and accounts of officers having the care, management, .keeping, collection or disbursement of money belonging to the county or appropriations for its use and benefit, in bringing them to settlement, and especially is said board charged with frequently examining and auditing the books of county treasurer or depository, the tax collector, tax receiver, or tax commissioner, as the case may be, the sheriff, the superintendent of public schools, and other officers of said county through whose hands county funds pas3, and this may be done by the board itself or through certified accountants or bookkeepers employed for the purpose, and such may require from all officers, subject to examination, such reports as may be necessary to keep said board fully informed at all times of the financial condition of the county; controlling, caring for, managing the convicts of the county, if any, according to law, make rules and regulations and provisions for the support of the poor of the county according to law; in promoting and preserving the public health of the county, with the authority to quarantine against contagious diseases and epidemics according to law; regulate and fix licen~e fees as authorized by law; to provide for and collect the commutation road taxes, fixing the amount to be paid in money or the number of days work to be performed in lieu thereof; to try all road defaulters according to law; and to have and to exercise all powers generally vested by law in the Ordinary when sitting for county purposes; to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over said county matters or county finances; select and ap-

WEDNESDAY, MARCH 3, 1943

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point all minor officers or employees of the county whose election or appointment is not otherwise provided for by law, such 'as superintendents and guards of convicts, if any, janitor of the court house, county physician, health officer, county nurse, road superintendent, tax assessors, county policeman, and other officers and employees as are needed and authorized by law. All appointees of said board except Executive Director or Clerk (who may be dismissed as hereinbefore provided) shall be subject to suspension or dismissal at any time and no appointee including Executive Director or Clerk so suspended or dismissed shall be entitled to a salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. In addition all of the general laws of this State applicable to the duties and powers of county commissioners, and all of the laws of said State applicable to the working and improvement of public roads of said county except as herein otherwise provided, shall be in force in Carroll County and be applicable to said board.
Section 14. Be it further enacted that said board shall keep a proper and accurate book of minutes wherein shall appear all orders and proceedings had and passed with reference to county matters. The board shall keep a complete and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn on the county treasurer or the depository, for what purpose, and upon what fund. The board shall also keep a book: in which shall be recorded an itemized statement of all articles or things of whatever kind purchased for the use of the county, giving the name of article, date when purchased, from whom purchased, the price paid therefor, and for which department of the county purchased and used. The board shall keep also a cash book: in which shall be daily entt>red any cash item received, from whom received, and for what purpose received. The board shall keep an inventory book of all county property, including road machinery, livestock:, road working tools and every other kind and class and description of property belonging to the county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year. Said books and records shall be kept so as to show at all times the financial condition of the county and shall be open to inspection of any and all citizens of Carroll County who may be desirous of seeing same.
Section 15. Be it further enacted that the said board is hereby constituted the purchasing agent for Carroll County, provided that before purchasing any material, equipment, or supplies, exceeding the estimated value or cost of $200, it is hereby rt:quired to first publish an advertisement for bids by posting an advertisement before the court house door of Carroll County for ten days and running said advertisement in the newspaper that is the official organ of said county at least one issue. The advertisement for bids in such case shall contain specifications of the articles, merchandise, supplies or equipment sought to be purchased and shall be submitted in sealed envelopes to the board to be opened by the board in regular or special called meeting. The board shall have privilege of rejecting all bids but if purchase is made shall purchase from the lowest and best bidder. Purchase of any material, equipment, or supplies exceeding in cost or value said amount shall not otherwise be made, unless at a regular or called meeting, as herein provided, all members of board

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present after being informed of facts vote to waive advertisement and bid for purchase of such material, equipment or supplies in a particular, instance, and the Ordinary of the County after being fully informed of nature of material, supplies, or equipment and price of same approves the purchase without advertisement or bids, such approval to be made in writing and spread upon minutes of meeting of board.
Section 16. Be it further enacted that it shall be unlawful for said board or any member of same or Executive Director or Clerk of same to have any financial interest in the sale or purchase of any material or of any article furnished the county, or to receive any rebate, expense account, transportation or other V;{luable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract by or for said county and if any commissioner or the Executive Director or Clerk shall violate any provision of this section he shall be guilty of a misdemeanor and punished as prescribed in section 27-2506 or Penal Code of 1933.
Section 17. Be it further enacted that the grand jury sitting at the first regular term in each year shall appoint two or more auditors (or a committee) to audit the books, records, warrants, and accounts of said board of commissioners and Executive Director or Clerk thereof. Said auditors (or committee) shall have power to ex&mine, under oath, said commissioners and Executive Director or Clerk thereof, relative to any account, item or warrant or transaction in connection with business transacted by said board, said auditors (or committee) shall perform their duties as provided herein and make a report of their findings to the Judge of Superior Court of said county, within thirty days from the time of their appointment, and said findings shall be published in the newspaper that is the official organ of said county. The grand jury appointing said auditors shall prescribe the amount to be paid for their services.
Section 18. Be it further enacted that said board of commissioners may receive contributions for the improvement of public roads, bridges or puhlic works of the county from any person who owns property adjacent thereto, or from any other person who may be interested in the improvement of the same, or from the State Government, or from the United States Government, and such contributions when received shall be used for the improvement of same as designated by the contributor. Said board shall keep record of accounts which shall correctly show all such contributions, from whom received, and a correct disbursement of same, and the Executive Director or Clerk shall take and file receipts for all such disbursements, and such contributions and the members of the board, the Executive Director or Clerk, and their sureties upon their official bonds shall be liable for any misapplication of such funds.
Section 19. Be it further enacted that it shall be the duty of said board to keep always in view that which will be to the greater good of the greatest number of citizens of Carroll County in connection with all matters and business transacted by them as a board, and this policy shall be uniformly observed by said board.
Section 20. Be it further enacted that the said board shall have the power to employ a county attorney, and shall have authority to pay such county attorney for

WEDNESDAY, MARCH 3, 1943

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his services, not exceeding $300 per annum, and provided also that said board shall also be authorized to employ additional legal counsel in any case where necessary and pay for such services a reasonable amount as the nature of the case or the service may warrant.
Section 21. Be it further enacted by the authority of the aforesaid that said board of commissioners shall prepare and publish quarterly a complete list of the warrants issued during the preceding quarter, showing the purchases made, from whom, and the amounts and a statement of all receipts during said quarter, showing the amounts paid out and to whom; showing the amount received !lnd the balance of funds on hand; and a failure to so prepare and publish a true report at the end of each three months, beginning the count on January 1, 1945, the members of said board shall be guilty of a misdemeanor and punished as prescribed in Section 27-2506 of the Penal Code of 1933, and failure to comply with this section shall be grounds (Jf removal of the members of said board, or the ones responsible for the failure to so publish said report.
Section 22. Be it further enacted that if for any reason any section, prOVISion, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or constitutionality or any part, section, provisions oi clause of this Act which is not in and of itself unconstitutional and invalid, and the remaining portions of this Act shall be enforced.
Section 23. Be it further enacted that this Act shall become effective and operative immediately insofar as it provides for election of said commissioners in 1944, and that all other provisions of this Act shall become effective and operative January 1, 1945.

Mr. Reid of Carroll moved that the House adopt the Senate substitute to House Bill No. 462.

On the motion to adopt the Senate substitute to House Bill No. 462, the ayes. were 109, the nays 0.
The motion prevailed and the Senate substitute to House Bill No. 462 was adopted.
The following resolution of the House was read and adopted:
HR 144. By Messrs. Bynum of Rabun and Dunn of Lamar:
A resolution that the General Assembly accept the invitation of the Honorable Wiley Moore to a barbecue to be given at his estate and at a time convenient to him.
The speaker appointed as a committee to notify Honorable Wiley Moore of the General Assembly's acceptance of the invitation, the following members of the House to wit:

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Messrs. Bynum of Rabun, Dunn of Lamar, and Smith of Dougherty.
Under the order of business established by the Committee on Rules the following bill of the House was taken up for consideration, read the third time, and placed upon its passage:
HB 420. By Messrs. Gowen and Gilbert of Glynn, Ferguson of Camden, Grayson of Chatham, Durden of Dougherty, Mcintosh of Mcintosh, and Smiley of Liberty:
A bill to be entitled an act to provide that the State of Georgia may enter into a compact with other Atlantic Seaboard States to promote better utilization of fisheries; and for other purposes.
Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
Leaves of absence was granted Messrs. Sheppard of Heard and Wilson of Bibb.
The speaker announced the House adjourned until tomorrow morning at 10:00 o'clock and House Bill No. 420 went over as unfinished business.

THURSDAY, MARCH 4, 1943

971

Representative Hall, Atlanta, Georgia. Thursday, March 4, 1943.
The House met pursuant to adjournment this day at 10:00 A. M., was called to order by the speaker and opened with a prayer by the chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. 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.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills. The following message was received from the Senate through Mr. Nevin, the Secretary thereof: Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit: HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Gowen of Glynn,
and others: A bill to define the business of title insurance; and for other purposes. Mr. Speaker: The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to wit: HB 448. By Messrs. Alexander, Grayson and MeN all of Chatham: A bill amending the several acts incorporating the mayor and council of the City of Tybee; and for other purposes.

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Mr. Speaker:
The Senate has passed by the reqUisite constitutional majority the following bills of the Senate and House to wit:
HB 440. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to create a county planning commsision for DeKalb county.
HB 517. By Messrs. Broome, Hubert and Turner of DeKalb:
A bill to amend an act to establish a new charter for the City of Atlanta; and for other purposes.
HB 438. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to provide a salary for the official court reporter of the Stone Mountain judicial circuit; and for other purposes.
HB 533. By Messrs. Hooks and Rountree of Emanuel:
A bill to abolish the office of tax receiver and tax collector of Emanuel county; to create the office of tax commissioner of Emanuel county; to provide the method of election and filling vacancies to provide for giving a bond; and for other purposes.
HB 536. By Mr. Crummey of Wilcox:
A bill to amend an act approved December 2, 1897, entitled an act t~ incorporate the City of Abbeville; and for other purposes.
HB 537. By Mr. Woodruff of Barrow:
A bill to amend the act giving a new charter to the City of Winder; and for other purposes.
HB 540. By Mr. Crummey of Wilcox: A bill to amend an act establishing the City of Rochelle, approved August 10, 1909; and for other purposes.
HB 548. By Messrs. Gilbert and Gowen of Glynn: A bill to carry into effect in the County of Glynn the provisions of a proposed amendment, relating to the abolition of justices' courts and the offices of justices of the peace; and for other purposes.
HB 561. By Mr. Ferguson of Camden: A bill to amend an act incorporating the Town of Woodbine m Camden county; and for other purposes.

THURSDAY, MARCH 4, 1943

973

HB 563. By Mr. Overby of Stewart:
A bill to amend an act creating the office of commiSSIOner of roads and revenue of the County of Stewart; and for other purposes.
HB 564. By Mr. Overby of Stewart:
A bill to amend an act creating the office of disbursing clerk m Stewart County, Georgia; and for other purposes.
HB 569. By Mr. Bowen of Pierce:
A bill to provide for the payment from county funds of the official bond of the sheriff of Pierce county; and for other purposes.
SB 134. By Senators Gross of the 31st and Eubank of the 29th:
A bill to equalize educational opportunities throughout the state in certain phases of vocational education; and for other purposes.
SB 139. By Senator Raynor of the 4th:
A bill to amend an act approved March 31, 1937, to regulate the buying and selling of livestock in the State of Georgia; and for other purposes.
SB 153. By Senator Ennis of the 20th:
A bill to amend section 66-103 of the code of Georgia of 1933, relating to the payment of wages of a deceased employee to his widow or minor children and the exemption of same from garnishment; and for other purposes.
SB 204. By Senator Boyett of the II th:
A bill to amend an act which created a board of commissiOners of roads and revenues for Randolph county so as to make the terms of the new commissioners run for four years; and for other purposes.
.SB 206. By Senator Atkinson of the 1st: A bill to alter, amend and revise the several laws creating and establishing the commissioners of Chatham county; and for other purposes.
SB 207. By Senator Millican of the 52nd.: A bill to authorize the ordinary in counties of 200,000 or more to install photostatic equipment; and for other purposes.
SB 208. By Senator Harrison of the 17th: A bill to amend an act to establish a board of commissioners of roads and revenues of Jenkins county; and for other purposes.
SB 209. By Senator Harrison of the 17th: A bill to repeal an act to create the city court of Millen in and for the County of Jenkins; and for other purposes.

974

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time and referred to committees:
HB 613. By Mr. Harris of Richmond:
A bill to be entitled an act to amend the uniform narcotic drug act by striking section 8 and substituting a new section relating to excepted instances where the act shall not apply; and for other purposes.
Referred to Committee on Hygiene and Sanitation.
HB 614. By Mr. Chance of Twiggs:
A bill to be entitled an act to provide that the term of the county commissioners of Twiggs county shall be for four years; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 615. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta to require the city clerk to keep an itimized statement of all salaries and expenses, including traveling expenses, paid to each person; and for other purposes.
Referred to Committee on Municipal Government.
HR 153-615A. By Messrs. Ennis and Moore of Baldwin:
A resolution to appropriate $12,900.30 to pay the City of Milledgeville for paving around old capitol square and the State's Jarrett Springs Reservation; and for other purposes.
Referred to Committee on Special Appropriations.
HB 616. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to provide for an assistant solicitor general of the superior court of Richmond county; and for other purposes.
Referred to Committee on Special Judiciary.
HB 617. By Messrs. Harris, Holley and Nicholson of Richmond:,
A bill to be entitled an act to provide for an assistant solicitor of the city court of Augusta; and for other purposes. Referred to Committee on Special Judiciary.
HB 618. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to fix the salary of the clerk of the solicitor general of the Augusta circuit for Richmond county; and for other purposes. Referred to Committee on Special Judiciary.

THURSDAY, MARCH 4, 1943

975

HB 619. By Mr. Reynolds of Clayton:
A bill to be entitled an act to provide the amount of flour, grits or corn meal that may be packed in sacks for sale in this state; and for other purposes.
Referred to Committee on Agriculture No.2.
HB 620. By Messrs. Harris of Richmond and Whipple of Bleckley:
A bill to be entitled an act to amend sections 27-904 and 27-906 of the code of Georgia by substituting new sections to provide a bail may surrender their principal in vacation to the sheriff or in open court in discharge of themselves from liability, and the clerk shall issue a scire facias on all forfeited bonds, and the manner of service; and for other purposes.
Referred to Committee on General Judiciary No. 2.
Mr. Welsch of Cobb County, Chairman of the Committee on Amendments to Constitution No. 2, submitted the following report:
'
Mr. Speaker:
Your Committee on Amendments to Constitution No. 2 have had under consideration the following bill and resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 603. Do Pass.
HR 146-600R Do Pass by substitute.
HR 148-600C Do Not Pass.
Respectfully, submitted,
Welsch of Cobb, Chairman.

Mr. Sill~ of Candler 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:

HB 612. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

976

JOURNAL OF THE HOUSE,

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills and resolutions of the House to wit:
HR 14. HR 57. HR 94. HB 387. HB 529. HB 530.
HB 546. HB 550.
Respectfully submitted,
Johnson of Chattahoochee, Chairman.

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 580. Do Pass.
Respectfully submitted,
Allison of Gwinnett, Chairman.

Mr. Mavity of Walker 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 recommendations:

THURSDAY, MARCH 4, 1943

977

HR 130-568A. Do Pass.
Respectfully submitted,
Mavity of Walker, Chairman.
Mr. Grayson of Chatha~ County, Vice-Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker: Your Committee on Ways and Means have had under consideration the 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:
SB 166. Do Pass.
HB 239. Do Pass by substitute as amended.
Respectfully submitted,
Grayson of Chatham, Vice-Chairman.

By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:
HB 239. By Messrs. Hatchett and Thompson of Meriwether, Key of Jasper, Thigpen of Glascock:, Kelly of Thomas, Hubert of DeKalb, Maund of Talbot and Smiley of Liberty:
A bill to be entitled an act to amend the intangibles classification tax act so as to reduce the tax levied on all notes or other obligations secured by real estate; and for other purposes.
HB 580. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the pension act of Fulton county to provide that policemen and firemen serving in the armed forces shall have the same status as those not in the armed services; and for other purposes.
HB 612. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to fix the number of deputies and assistants to county officials of Richmond county, and to fix their salaries; and for other purposes.
SB 166. By Senators Eubank of the 29th and Gross of the 31st districts:
A bill to be entitled an act to amend an act approved December 24, 1938, {Ga. Laws 1937-38, Ex. Sess., pp. 292-293) amending section 92-3701 of

978

JOURNAL OF THE HOUSE,

the code of 1933, to provide that county taxes may be levied to provide lunches for children of school age in the public schools of this state; and for other purposes.

HB 603. By Messrs. Harris, Holley and Nicholson of Richmond:

A bill to be entitled an act proposing an amendment to article 7, section 6,

paragraph 2, of the constitution to authorize the General Assembly to create

a Richmond county retirement or pension fund for county employes; and

for other purposes.



HR 130-568A. By Messrs. Looper of Dawson, Nicholson of Oconee, Reid of Carroll, Gillis of Treutlen, Guyton of Effingham, Moate of Hancock, Wilbanks of Cherokee, Wright of Gilmer, Sparks of Towns, Cannon of Rockdale, Thomas of Chattooga, Hicks and Littlejohn of Floyd:
A resolution advising the state board of pardons and paroles it is the wish and intent of the General Assembly that all pardons and paroles be considered by said board, including misdemeanor cases; and for other purposes.

HR 146-600A. By Messrs. Grayson of Chatham and Durden of Dougherty:
A resolution proposing an amendment to article 3, section 7, of the constitution to provide the state nor any county or city shall maintain any civil service scheme without providing for preference to veterans of any war; and for other purposes.

SB 106. By Senators Preston of the 27th and Griner of the 45th districts:
A bill to be entitled an act to amend section 42-511 of the 1933 code relating to the sale of evaporated condensed milk or concentrated milk so as to allow the adding of cotton seed, soybean or peanut oil; and for other purposes.

Mr. McCamy of Whitfield moved that Senate Bill No. 106 be placed on the calendar for the purpose of disagreeing to the report of the committee, which was unfavorable to the passage of the bill, 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:

SB 23. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to declare leases of real estate for term nine hundred and ninety-nine years or longer to be grants in perpetuity; and for other purposes.
Referred to Committee on General Judiciary No. 1.

THURSDAY, MARCH 4, 1943

979

SB 77. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize and direct the Governor to sell all book plate metal belonging to the state; and for other purposes.
Referred to Committee on Public Property.
SB 134. By Senators Gross of the 31st and Eubank of the 29th districts:
A bill to be entitled an act to equalize edudtional opportunities in vocational education; to encourage the development of a system of public vocational training; and for other purposes.
Referred to Committee on Education No. 1.
SB 138. By Senators Arnall of the 36th and Harrison of the 17th districts:
A bill to be entitled an act to create a Georgia insurance commission; to license resident agents to represent fire, casualty and marine or fidelity and surety bonds; to fix the amount of fees and taxes; and for other purposes.
Referred to Committee on Insurance.
SB 139. By Senator Raynor of the 4th district:
A bill to be entitled an act to amend the act approved March 31, 1937, (Ga. Laws 1937, pp. 716-719) by striking section 4 in its entirety and substituting a new section to provide any dealer purchasing animals for resale or slaughter shall keep the license number of the automobile or truck of the seller and a description of the animals bought, and obtain a bill of sale; and for other purposes.
Referred to Committee on General Agriculture No. 1.
SB 153. By Senator Ennis of the 20th district:
A bill to be entitled an act to amend section 66-103 of the code of 1933 relating to amount of wages of a deceased employee exempt from garnishment, to raise the amount from $300.00 to $500.00; and for other purposes.
Referred to Committee on General Judiciary No. 2.
SB 164. By Senator Kaigler of the 12th district:
A bill to be entitled an act to amend an act providing for a recount of ballots in primary elections to provide for appeals; and for other purposes.
Referred to Committee on Privileges and Elections.
SB 173. By Senator Brock of the 37th district:
A bill to be entitled an act to authorize the board of regents of the univer-

980

JOURNAL OF THE HOUSE,

sity system of Georgia to provide an annuity for the retirement of em ployees of the university system of Georgia; and for other purposes.
Referred to Committee on University of Georgia.

SB 178. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the charter of the City of Atlanta, to provide for the election of the city attorney by the qualified voters of the city; and for other purposes.
Referred to Committee on Municipal Government.
SB 203. By Senator Millican of the 52nd district:
A bill to be entitled an act to provide in all elections in Fulton county the voters shall be required to vote at the voting precinct of the militia district, ward or precinct area where such voter resides; and not elsewhere ; and for other purposes.
SB 204. By Senator Boyett of the 11th district:
A bill to be entitled an act to provide the terms of the commissioners of Randolph county shall run for four years and to fix their pay at $4.00 per day for each day engaged in transacting county business; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 206. By Senator Atkinson of the lst district:
A bill to be entitled an act to provide for a change in the salary of the woman bailiff of the Chatham superior court; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 207. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize the ordinary of Fulton county to install and use photostatic or other photographic equipment for the purpose of recording documents; and for other purposes.
Referred to Committee on Counties and County Matters.

SB 208. By Senator Harrison of the 17th district:
A bill to be entitled an act to remove the limit on the salary of the clerk of the county commissioners and dispense with publication of quarterly reports in Jenkins county; and for other purposes.
Referred to Committee on Counties and County Matters.

THURSDAY, MARCH 4, 1943

981

SB 209. By Senator Harrison of the 17th district:
A bill to be entitled an act to abolish the city court of Millen and provide for the disposition of all cases, and proceedings pending therein; and for other purposes.
Referred to Committee on Special Judiciary.
SR 58. By Senator Preston of the 27th district:
A resolution authorizing the state library to furnish to the clerk of the superior court of Walton county, without cost to said county, certain enumerated volumes of the Georgia supreme court and court of appeals; and for other purposes.
Referred to Committee on Public Library.
By unanimous consent, the following bills of the House and Senate were taken up for consideration, read the third time and placed upon theirpassage:
HB 586. By Mr. Norman of Henry:
A bill to be entitled an act to provide the county commiSSioners of Henry county shnll not draw pay to exceed $270.00 per annum each except the chairman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority, was passed.
HB 587. By Mr. Norman of Henry:
A bill to be entitled an act to fix the salary of the clerk of the county commissioner of Henry county at $65.00 per month; and for other purposes.
\
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 588. By Mr. Clark of Catoosa:
A bill to be entitled an act to create and establish a new charter for the Town of Ringold; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.

982

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.
HB 589. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to authorize the commissiOn of the City of Brunswick to close the alley between sections nine and ten of the Dart Homestead Tract; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.
HB 590. By Mr. Mcintosh of Mcintosh:
A bill to be entitled an act authorizing the City of Darien to close a portion of a street ~ithin said 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 107, the nays 0. The bill having received the requisite constitutional majority was passed. HB 597. By Messrs. Hart and Kelly of Thomas:
A bill to be entitled an act to amend the charter of the City of Thomasville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 599. By Mr. Reynolds of Clayton:
A bill to be entitled an act to repeal an act entitled "Clayton 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 600. By Messrs. Campbell and Livingston of Polk: A bill to be entitled an act to amend an act of the General Assembly of Georgia, approved August 15, 1904, entitled an act to amend, consolidate

THURSDAY, MARCH 4, 1943

983

and supersede the several acts incorporating the Town of Rockmart 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 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 602. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to provide that the judge of the city court of Richmond County, Georgia, shall be permitted to practice law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed. HB 608. By Messrs. Welsch and Dorsey of Cobb:
A bill to be entitled an act to amend an act creating a new charter for the Town of Smyrna in the County of Cobb; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 182. By Senator Bloodworth of the 23rd district:
A bill to be entitled an act to incorporate a new municipality in Houston county to be known as Warner Robins; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed. HB 184. By Senator Martin of the 13th district:
A bill to be entitled an act to abolish the office of county treasurer of Macon county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

984

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Reid of Carroll moved that the House reconsider its action in failing to pass the following bill of the House, to wit:
HB 231. By Mr. Reid of Carroll:
A bill to be entitled an act to provide for the changing of county lines lying within the limits of incorporated towns and cities; and for other purposes.
On the motion to reconsider House Bill No. 231, the ayes were 103, the nays 2.
The motion prevailed and House Bill No. 231 was reconsidered and placed in its proper place upon the calendar.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 307. By Messrs. Thurmond of Hall, Etheridge of Fulton, Gowen of Glynn, Allison of Gwinnett and Phillips of Columbia:
A bill to be entitled an act to regulate and license title insurance companies; and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend House Bill No. 307, Section 6, by striking in line 3 the word "five" and inserting in lieu thereof the word "one."
He further moves to amend Section 7 by striking, in line 6, the words "one hundred" and inserting in lieu thereof the word "fifty."
He further moves to amend Section 8, line 9, by striking the words "ten thousand" and inserting in lieu thereof the words "twenty-five thousand."
He further moves to amend by adding a new section to be known as Section 11-A, and reading as follows:
"Any title insurance company not organized under the laws of this State, desiring to transact business in this State, shall appoint an agent, resident of this State, to accept service of process for and in its behalf, and such company shall thereupon be subject to suit and service of process in the same manner as is provided by law with reference to other non-resident insurance companies doing business in this State."
Mr. Thurmond of Hall moved that the House adopt the Senate amendment to House Bill No. 307.
On the motion to adopt the Senate amendment to House Bill No. 307, the ayes were 103, the nays 0.

THURSDAY, MARCH 4, 1943

985

The motion prevailed and the Senate amendment to House Bill No. 307 was adopted.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 448. By Messrs. Alexander, Grayson and McNall of Chatham:
A bill to be entitled an act to amend the acts incorporating the mayor and councilmen of Tybee, now known as Savannah Beach, so as to authorize them to operate a sanitary sewerage system; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend the several Acts incorporating the Mayor and Councilmen of the Town of Tybee, now known under the Act of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island, and particularly to amend said Act for the purpose of increasing the power of the Mayor and Councilmen to impose and collect additional ad valorem tax and assessments; 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, the Mayor and Councilmen of the Town of Savannah Beach, Tybee Island, are hereby authorized and empowered and have full power and authority to maintain and operate a sanitary sewerage system; to compel the connections to said sewerage system; to fix the necessary charges for the connections; and shall have full power to levy, impose and collect, when and if necessary, a special tax in a sum not to exceed one-half (0) of one ( 1) per cent of the total value of the assessments on the books of said municipality as of January 1, 1943. Said levy and assessment shall be separately made and collected, and the amounts so collected shall be applied first to the operation and maintenance of said sanitary sewerage system, any surplus may be used in the prevention of beach erosion.
Section 2. Be it further enacted by the authority aforesaid that Section 21 of the Acts of the General Assembly of the State of Georgia, approved August 19, 1922, be and the same is hereby amended by striking from sadi Act Section 21 thereof and inserting in lieu thereof the following section to be known as Section 21 of said Act:
"Section 21. Be it further enacted by the authority aforesaid that said Mayor and Councilmen shall have power to levy, impose and collect ad valorem tax upon all real and personal property within the corporate limits of said municipality that they may deem advisable and not in conflict with the laws of this State; provided that such tax does not exceed two (2) per cent of the value of said property. Said Mayor and Councilmen shall provide an ordinance for the annual assessment of the taxable property in said town and the mode and manner of valuing such property for taxation, but they shall not collect a tax for more than two dollars ($2.00) on each one hundred dollars valuation of property."

986

JOURNAL OF THE HOUSE,

Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and .the same are hereby repealed.
Mr. McNall of Chatham moved that the House adopt the Senate substitute for House Bill No. 448.
On the motion to adopt the Senate substitute for House Bill No. 448, the ayes were 108, the nays 0.
The motion prevailed and the Senate substitute for House Bill No. 448 was adopted.
The following report of the Committee on Rules was read and adopted: Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HB 420. Interstate fisheries. 2. HB 513. Adoption law. 3. HB 166. Paint bill. 4. HB 104. Bynum wildlife plan.
' 5. HB 461. Relating to Habersham and Rabun counties.
6. HB 330. Relating to lien laws. 7. HB 242. State board of farmers. 8. HB 318. Examining boards. 9. HB 322. Liability on hotels. 10. HB 370. Relating to workmen's compensation. 11. SB 125. Relating to sheriffs in the armed forces. 12. HB 475. Sheriffs compensation. 13. HB 543. Relative to printing school books. 14. HB 430. Power of attorney. 15. SB 92. Repealing tax on gasoline trucks. 16. HB 424. Absentee voting. 17. HR 133-577A. Payment to Mrs. J. D. Bridges. 18. HR 137-583A Authorizing sale of 930 acres in Glynn county.

THURSDAY, MARCH 4, 1943

987

19. SB 140. Allowing minors to work.

20. SB 70. Gasoline tax on consumers.

21. HB 297. Insurance.

22. HB 302. Accounting.

23. HB 450. Making restaurants sanitary.

24. HB 194. Rabies inoculation.

25. HR 58. Consolidated school districts.

26. HB 11. Teacher retirement.

27. HR 117-502A. Constitutional amendment on school taxes.

28. HB 498. Anti billboards.

29. HB 281. Northeastern circuit bill.

30. HB 229. Exemption from gasoline tax. 31. HB 520. Limited partnerships.

Durden of Dougherty, Vice-Chairman.

Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 420. By Messrs. Gowen of Glynn, Ferguson of Camden, Grayson, MeNall and Alexander of Chatham, Mcintosh of Mcintosh, Smiley of Liberty, Hicks of Floyd, Gilbert of Glynn, Durden of Dougherty, McCracken of Jefferson, Connell of Lowndes, Hand of Mitchell and Hagan of Screven:
A bill to be entitled an act to provide that Georgia may enter into an agreement with one or more of the Atlantic States; to provide for the creation of the Atlantic States Marine Fisheries Commission; and for other purposes.
The following amendments were read and adopted:
Mr Gowen of Glynn moves to amend House Bill No. 420 by striking from Section 2 the words "Commissioner of Conservation" wherever they appear in said section and inserting in lieu thereof the words "Director of the Department of Game and Fish."
Mr. Gowen of Glynn moves to amend House Bill No. 420 by adding to Section 6 immediately after the figures "($200.00)" the words per annum.

988

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 112, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 513. By Mr. Gowen of Glynn:
A bill to be entitled an act to amend the laws with reference to the issuance of birth certificates so as to require the department of public health to issue a certificate of birth showing the birthplace of the child to be the place of residence of the parents by adoption, or the residence of the child; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 166. By Mr. Mabry of Sumter:
A bill to be entitled an act to require all mixers of paints to label their products as to ingredients; and for other purposes.
Mr. Swint of Spalding moved that House Bill No. 166 be tabled.
On the motion to table House Bill No. 166, the ayes were 74, the nays 50.
The motion prevailed and House Bill No. 166 was tabled.
Mr. Mabry of Sumter moved that House Bill No. 166 be taken from the table.
On the motion to take House Bill No. 166 from the table, the ayes were 67, the nays 48.
The motion prevailed and House Bill No. 166 was taken from the table and placed in its proper place upon the calendar.
HB 104. By Mr. Bynum of Rabun:
A bill to be entitled an act to provide for the establishment of a wild life department in any one or more counties of this state: and for other purposes.
Mr. Mims of Miller moved that House Bill No. 104 be indefinitely postponed and the motion prevailed.
The Committee of Conference appointed on House Bill No. 306 and House Bill No. 341 submitted the following report:

THURSDAY, MARCH 4, 1943

989

Mr. President:
Mr. Speaker:
The Conference Committee appointed by the President of the Senate and Speaker of the House to consider House Bill No. 306 and 341, being local bills affecting Lamar County, submit the following recommendation and report:
Your Conference Committee recommends that the Senate recede from its position in amending said House Bill by attaching thereto Referendum, and that said Bill do pass without the Referendum Amendment, but with the Amendment substituting the name of one Commissioner.
Respectfully submitted,
On Part of the House:
Fred Hand Of Mitchell
Abe Minchew Of Atkinson
C. M. Dunn Of Lamar

On Part of the Senate:
G. E. Millican Senator 52nd District
R. A. Ingram Senator 51st District
Alpha Fowler Senator 39th District

Mr. Dunn of Lamar moved that the House adopt the report of the Committee of Conference on House Bill No. 306 and House Bill No. 341.

On the motion to adopt the report of the Committee of Conference, Mr. Dunn of Lamar moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Alexander Anderson Bates Bargeron Bennett Bentley

Boone Bowen Boynton Branch Bridges Broome Brunson

Burnside Burton Bynum Caldwell Campbell of Polk: Cannon Cates

990
Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Daves Deal Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Foster Gardner Gaston Gavin Gholston Giddens Gillis Goldberg Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Harden Hart of Quitman

JOURNAL OF THE HOUSE,

Hatchett

Phillips

Herndon

Pirkle

Hicks

Porter

Hightower

Powell

Hill of Clarke

Price

Hill of Troup

Pruitt

Hogg

Ray

Holley

Rees

Hooks

Reid

Hubert

Reynolds

Hurst

Riley

Jennings of Terrell

Roper

Johns

Rossee

Johnson of Chattahoochee Roughton

Johnson of Pike

Russell

Johnston

Salter

Jones

Sharpe

Kelly of Walker

Smiley

Kendrick

Smith of Dougherty

Key

Smith of Muscogee

Livingston

Sparks

Malone

Strickland

Mankin

Sumner

Martin

Swint

Mason

Thompson

Mavity

Thrash

Maund

Thurmond

McCamy

Turner

McCracken

Warnock

McEntire

Weaver

Mcintosh

Welsch

McNall

Wells of Telfair

Mims

Whipple

Mitchell

Wilbanks of Habersham

Moore of Taliaferro

Williams of Coffee

Nicholson of Oconee

Williams of Harris

Ogburn

Willoughby

Pannell

Woodruff

Park

Wright

Parker

Yawn

THURSDAY, MARCH 4, 1943

991

Those not voting were:

Allison Alwood Baker Battles Barfield Brewton Campbell of Newton Dallis Dalton Dorsett Fisher Fortson Fussell Gaskins Gilbert Gowen Hagan Hand Hardy Hart of Thomas Hartness Heard

Hefner Horne Howard Jennings of Sumter Joiner Kelly of Thomas Knabb Littlejohn Looper Mabry Medders Miller Mills Minchew Mixon Moate Moore of Baldwin Nicholson of Richmond Norman Odom Oliver Overby

Padgett Peck Pettit Riddlespurger Rountree Rowland Sheppard Sills Smith of Carroll Smith of M uscogee Smith of Oglethorpe Smith of Washington Thigpen Thomas Waller Wells of Ben Hill Wilbanks of Cherokee Williams of Gwinnett Wilson Mr. Speaker

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

On the adoption of the report of the Committee of Conference, the ayes were 142, the nays 0.

The motion prevailed and the report of the Committee of Conference on House Bill No. 306 and House Bill No. 341 was adopted.

Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

HB 461. By Messrs. Bynum of Rabun and Wilbanks of Habersham:

A bill to be entitled an act to amend the charter of the Town of Tallulah Falls, lying partly in Habersham and partly in Rabun counties, so as to extend the corporate limits; and for other purposes.

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

On the passage of the bill, the ayes were 108, the nays 0. The bill having received the requisite constitutional majority was passed.

992

JOURNAL OF THE HOUSE,

The Committee of Conference appointed on House Bill No. 174 submitted the following report:
Mr. President:
Mr. Speaker:
The Conference Committee appointed by the President of the Senate and Speaker of the House to consider the Senate Amendment to House Bill No. 174, submit the following recommendation and report:
Your Conference Committee recommends the following Amendment be adopted by the House and Senate in lieu of the Senate Amendment to wit:
l. That where the property on which a homestead exemption is claimed is jointly owned by the occupant and others, the occupant or occupants shall be entitled to claim a proportionate exemption of the amount allowed by law in proportion to which the interest of the occupant bears to the total interest of the property.
This 4th day of March, 1943.
Respectfully submitted,
On Part of the House:
Hoke S. Brunson Of Bulloch
D. L. Deal Of Bulloch
A. H. S. Weaver Of Bibb

On Part of the Senate:
Luther U. Bloodworth Senator 22nd District
G. E. Millican Senator 52nd District
J. Cliff Kennedy Senator 2nd District

Mr. Weaver of Bibb moved that the House adopt the report of the Committee of Conference on House Bill No. 174.
On the motion to adopt the report of the Committee of Conference on House Bill No. 174, the ayes were 105, the nays 0.
The motion prevailed and the report of the Committee of Conference on House Bill No. 174 was adopted.
Under the order of business established by the Committee on Rules the follow-

THURSDAY, MARCH 4, 1943

993

ing hills and resolution of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 242. By Messrs. Bynum of Rabun, Powell of Stephens, Wilbanks of Habersham and Russell of White:
A bill to be entitled an act to create a state board farm bureau; to provide for its operation; and for other purposes.
Mr. Bynum of Rabun asked unanimous consent that further consideration of House Bill No. 242 he postponed until Tuesday, March 9, 1943, and the consent was granted.
HB 318. By Messrs. Cannon of Rockdale and Rossee of Putnam:
A bill to be entitled an act to repeal Code section 84-102 in its entirety pertaining to the duties of the secretary of state and the joint-secretary of state examining boards; and for other purposes.
The following amendment to H B 318 was read and adopted:
Messrs. Rossee of Putnam and Cannon of Rockdale move to amend HB 318 entitled:
A BILL
To be entitled an act to repead Code Section 84-102 in its entirely, pertaining to the duties of the Secretary of State and the Joint-Secretary of State Examining Boards, and describing the duties of each and providing for the holding of examinations by the State Examining Boards, and for other purposes, and substituting in lieu thereof a new section to be known as Section 84-102, so as to prescribe the duties of the Secrtary of State and the JointSecretary of the State Examining Boards, and to provide for the manner of conducting examinations by the State Examining Boards; and for other purposes.
By amending Section I of said bill by adding a new sentence under the amended code Section 84-102 thereof to be inserted immediately preceding the last sentence thereof to read as follows:
Provided, further that where examination dates are fixed by law, said dates for the meetings or examinations may be changed to comply with the graduation dates of the various colleges and universities occasioned by the accelerated wartime program. So that when so amended Section 1 of said act will read as follows:
84-102. The salary of the secretary of said examining boards shall be fixed by the secretary of state, and he shall hold office at the pleasure of the secretary of state. The secretary of state shall employ such clerks and others employees as deemed necessary to carry out the provisions of this chapter and for all services required by each of the state examining boards. Provided, that all of such expenses shall be paid pro-rata out of the respective board fees, and limited to such fees or appropriations

994

JOURNAL OF THE HOUSE,

for such purposes. The expenses of the members of the various boards shall be limited to actual expenses while in attendance upon the meetings of said respective boards, their legal per-diem, and actual traveling expenses. One member of each of the several examining boards may attend annually state and/or national meetings pertaining to work of his respective trade or profession. The secretary shall maintain an office in the state capitol, and all of the meetings of said respective boards shall be held in the capitol. Provided that the examinations of applicants for licenses may be conducted at some other designated place in this state. Provided, further, that where examination dates are fixed by law, said dates for the meetings or examinations may be changed to comply with the graduation dates of the various colleges and universities occasioned by the accelerated wartime program. All expense vouchers shall in each case be itemized, approved by the chairman of each respective board, and presented to the joint-secretary for payment.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill as amended, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 322. By Messrs MeN all, Grayson and Alexander of Chatham:
A bill to be entitled an act to amend Title 52 of the Code of Georgia, to provide that hotels ard innkeepers shall not be responsible for loss or theft of valuables in excess of the sum of $300.00 unless a written contract is entered into ; and for other purposes.
The following committee substitute to HB 322 was read and adopted:
A BILL
' To be entitled an act to amend Title 52 of the Code of Georgia entitled, "Hotels and Inns," by adding to Chapter 52-1 a new Section to be known as Section 52-110a, and to provide that hotels :tnd innkeepers shall not be responsible for loss or theft of valuables in excess of $300.00 where cash, jewelry, etc., box package, bag or other container wherein the valuables are kept in safe, or other depository where valuables are kept by the hotel; to provide that by written contracts the hotels or inkeepers may assume a greater liability; to provide that notive of this restricted liability shall be posted in a conspicuous manner in all rooms occupied by guests; and for llther purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. That title 52 of the Code of Georgia, entitled "Hotels and Inns," be amended by adding a new section to chapter 52-1 to be known as section 52-llOa and providing the following:

THURSDAY, MARCH 4, 1943

995

No hotel, apartment hotel, or innkeeper shall be responsible in an amount in excess of $300.00 for the theft of any valuables including cash, jewelery, etc. which are contained in a package, box, bag or other container left with hotel proprietor or innkeeper to be placed in the safe or other depository of the hotel or inn. Provided, however, that the liability of the hotel or innkeeper may be increased to an amount in excess of $300.00 by a written contract entered into between the parties providing a greater liability, provided the contract shall not call for any additional cost to the guest.
"A notice containing the above provision of law shall be posted in a conspicuous place in all rooms of the hotel occupied by guests."
Section 2. 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, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 103, the nays 3.
The bill having received the requisite constitutional majority was passed, by substitute.
Mr. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.
2:00P.M.
The Speaker called the House to order.
Mr. Warnock of Montgomery asked unanimous consent that he be allowed to introduced two bills at this time and the consent was granted.
The following bills of the House were submitted by Mr. Warnock of Montgomery, read the first time and referred to committees:
HB 621. By Mr. Warnm:k of Montgomery:
A bill to be entitled an act to repeal the act amending the act approved December 3, 1937, creating a new board of commissioners for 1\<Iontgomery County; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 622. By Mr. Warnock of Montgomery:
A bill to be entitled an act to amend the act approved December 3, 1937, creating a board of commissioners of three members for Montgomery county; and for other purposes.
Referred to Committee on Counties and County Matters.
Under the order of business established by the Committee on Rules the following

996

JOURNAL OF THE HOUSE,

bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

HB 370. By Messrs. Kendrick of Fulton, McNall of Chatham, Holley of Richmond, and Weaver of Bibb:
A bill to be entitled an act to amend the "Unemployment Compensation Law" so as to provide for the collection of unemployment contributions m default by the commissioner; and for other purposes.

The following amendment was read and adopted:

Mr Yawn of Dodge m~ves to amend HB 370 as follows, to wit:

1. By striking therefrom section 4 in its entirety.

2. By re-numbering section 5 to read section 4.

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

On the passage of the bill, as amended, the roll call was ordered and the vote was as follows :

Those voting in the negative were:

Allison Alwood Anderson Baker Bates Barfield Bargeron Bennett Boone Bowen Boynton Brewton Bridges Brunson Burnside Bynum Caldwell Cannon Cates Chance Cheshire Clark Connell Copland

Cowart Culpepper Curry Dallis Daves Deal Dorsey Drake Dukes Dunn DuPree Durden Easler Elliott Ennis Etheridge Foster Gardner Gaston Gavin Gholston Giddens Goldberg Gray

Greene of Jones Greene of Schley Guerry Hagan Hardy Hart of Quitman Hand Hatchett Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Hubert Hurst Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Thomas

THURSDAY, MARCH 4, 1943

997

Kelly of Walker Kendrick Key Littlejohn Malone Mankin Martin Mason Mavity Maund McCamy McCracken McEntire Mcintosh Mims Mitchell Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Odom

Oliver Padgett Pannell Park Parker Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Reid Reynolds Riley Roper Roughton Russell Salter Sharpe

Those not voting were :

Adams Alexander Battles Bentley Branch Broome Burton Campbell of Newton Campbell of Polk Crummey Dalton Dorsett Dyal Edwards Ferguson Fisher Fortson Fussell Gaskins Gilbert Gillis

Gowen Graham Grayson Guyton Harden Hart of Thomas Hartness Heard Horne Howard Jennings of Sumter Jennings of Terrell Joiner Johns Knabb Livingston Looper Mabry McNall Medders Miller

Sills Smiley Strickland Sumner Swint Thigpen Thompson Thrash Thurmond Waller Warnock Weaver Welch Wells of Telfair Whipple Wilbanks of Habersham Williams of Coffee Williams of Harris Willoughby Woodruff Yawn
Mills Minchew Mixon Nicholson of Richmond Norman Ogburn Overby Peck Rees Riddlespurger Rossee Rountree Rowland Sheppard Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Smith of Washington Sparks Thomas

998

JOURNAL OF THE HOUSE,

Turner Wells of Ben Hill Wilbanks of Cherokee

Williams of Gwinnett Wilson

Wright Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 135, the nays 0.

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

SB 125. By Senators Kaigler of the 12th and Pope of the 7th districts:

A bill to be' entitled an act to amend the Code so as to provide that when a vacancy occurs in the office of sheriff due to the fact that said sheriff has had to enter the armed forces the Governor mar appoint a competent person to fill the unexpired term ; and for other purposes.

Mr. Durden of Dougherty moved that SB 125 be taken from the table and the motion prevailed and SB 125 was taken from the table and placed in its proper place on the calendar.

HB 475. By McMcCracken of Jefferson:

A bill to be entitled an act to require that in all counties where the sheriff is on a fee system the counties shall pay the sheriff for any investigations thta he may have to make and any expenses occurred in making same; and for other purposes.

Mr. Sharpe of Toombs moved that HB 475 be tabled.

On the motion to table HB 475, the ayes \vere 52, the nays 54.

The motion to table HB 475 was lost.

Mr. McCracken of Jefferson asked unanimous consent that HB 475 be recommitted to the Committee on State of Republic and objection was heard.

Mr. Allison of Gwinnett asked unanimous consent that HB 475 be recommitted to the Committee on State of Republic and the consent was granted.

HB 475 was recommitted to the Committee on State of Rpublic.

HB 543. By Mr. Kendrick of Fulton:
A bill to be entitled an act to provide that all state-owned textbooks and other books used in the public schools shall be Georgia printed and manufactured; to provide for exceptions from the provisions of this act; and for other purposes.

The following amendment was read and adopted :

Messrs. Hogg of Marion and Whipple of Bleckley move to amend HB 543 by adding another section immediately following section one ( 1), to be known as section

THURSDAY, MARCH 4, 1943

999

two (2), to read as follows: "In order to encourage Georgia writers, it shall be further requir(:d that preference shall be given to all books of Georgia authorship, provided such books are found to be of equal merit with others submitted to the State Board of Education."

That said bill be further amended by making section two (2) thereof to be section three (3).

And that the caption of said bill be amended by adding thereto, the clause "to provide for the Georgia authorship of such textbooks" to be inserted next preceeding the phrase "and for other purposes."

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

On the passage of the bill, as amended, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were:

Allison Anderson Baker Barfield Bargeron Bennett Bentley Boone Bowen Boynton Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Cates Chance Cheshire Copland Cowart Dallis Daves Deal Dorsey Drake

Dukes Dunn DuPree Durden Easler Edwards Etheridge Foster Gardner Gaston Gholston Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guyton Hagan Harden Hardy Hart of Quitman Hatchett Hefner Herndon Hicks Hightower Hill of Clarke

Hill of Troup Hogg Holley Hubert Hurst Johns Johnson of Chattahoochee Johnson of Pike Johnston Jones Kelly of Walker Kendrick Key Littlejohn Malone Mankin Martin Mason McCamy McCracken McEntire Mcintosh Medders Mims Mitchell Moate Moore of Baldwin Moore of Taliaferro

1000

JOURNAL OF THE HOUSE,

Nicholson of Oconee Norman Odom Ogburn Oliver Padgett Park Parker Pettit Phillips Pirkle Porter Powell Price Pruitt

Ray Reid Reynolds Riley Roughton Russell Salter Sharpe Sills Smiley Smith of Dougherty Smith of Muscogee Sparks Strickland Sumner

Those voting in the negative were Messrs.:

Connell

Gavin

Culpepper

Giddens

Ferguson

Guerry

Those not voting were:

Adams

Hand

Alexander

Hart of Thomas

Alwood

Hartness

Bates

Heard

Battles

Horne

Branch

Howard

Campbell of Newton

Jennings of Sumter

Campbell of Polk

Jennings of Terrell

Cannon

Joiner

Clark

Kelly of Thomas

Crummey

Knabb

Dalton

Livingston

Dorsett

Looper

Dyal

Mabry

Elliott

Mavity

Ennis

Maund

Fisher

McNall

Fortson

Miller

Fussell

Mills

Gaskins

Minchew

Gilbert

Mixon

Gillis

Nicholson of Richmond

Grayson

Overby

Swint Thigpen Thomas Thompson Thrash Thurmond Welch Wells of Telfair Whipple Wilbanks of Habersham Williams of Coffee Williams of Harris Woodruff Yawn
Hooks
Pannell Peck Rees Riddlespurger Roper Rossee Rountree Rowland Sheppard Smith of Carroll Smith of Oglethorpe Smith of Washington Turner Waller Warnock Weaver Wells of Ben Hill Wilbanks of Cherokee Williams of Gwinnett Willoughby Wilson Wright Mr. Speaker

THURSDAY, MARCH 4, 1943

1001

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

On the passage of the bill, as amended, the ayes were 12S, the nays 7.

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

HB 430. By Messrs. Copland and Smith of Muscogee:
A bill to be entitled an act to amend section 4-214 of the 1933 Code which defines circumstances under which an agency may be revoked and providing that the death of a person who has executed the power of attorney shall have the same force and effect as though coupled with an interest in the property itself; and for other purposes.

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

On the passage of the bill, the ayes were 107, the nays 0.

The bill having received the requisite constitutional majority was passed.
SB 92. By Senator Raynor of the 4th district:
A bill to be entitled an act to amend chapter 92-11 of the 1933 Code so as to strike therefrom the tax on gasoline trucks or wagons; and for other purposes.
The report 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 8.
The bill having received the requisite constitutional majority was passed.
HB 424. By Mr. Mixon of Irwin:
A bill to be entitled an act to amend the absentee voting laws so as to simplify them; and for other purposes.
Mr. McCracken of Jefferson asked unanimous consent that further consideration of HB 424 be postponed until Monday, March 8, 1943, and the consent was granted.
HB 424 was postponed until Monday, March 8, 1943.
HB 133-577A. By Messrs. Jennings of Terrell, Durden and Smith of Dougherty, Bridges of Early, Burton of Lee, Hand and Gardner of Mitchell, Curry
of Randolph, Branch of Tift, and Johnston and Sumner of Worth:

1002

JOURNAL OF THE HOUSE,

A resolution for the payment of benefits to Mrs. J. D. Bridges and her two minor children, whose husband was accidently killed while on duty as a state guard; and for other purposes.
The following amendment was read and adopted:
The Committee on Special Appropriations moves to amend HR 133-577A as follows: By striking the last sentence of said resolution which reads "Said sum shall he paid from the funds available to the Georgia State Guard," and inserting in lieu thereof a new sentence to read as follows: "Said sum shall be paid from the said funds when such funds are available without curtailing the operation of the state guard."
The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.
On the adoption of the resolution, as amended, the ayes were 105, the nays 2.
The resolution having received the requisite constitutional majority was adopted, as amended.
HR 137-583A. By Mr. Gilbert of Glynn:
A resolution to authorize the State Properties Commission to sell all of the right, title and interest it has or may have in a tract of marsh land located in Glynn county; and for other pu rpcses.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, the nays 1.
The resolution having received the requisite constitutional majority was adopted.
SB 70. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the motor fuel tax law so as to provide that the levy of motor fuel tax under said law be considered in fact a levy on the consumer of motor fuels; and for other purposes.
The report 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.
HB 297. By Messrs. Allison of Gwinnett, Harris of Richmond and Burnside of McDuffie.
A bill to be entitled an act to levy fees on insurance companies doing business in this state; and for other purposes.

THURSDAY, MARCH 4, 1943

1003

Mr. Durden of Dougherty moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.
Leaves of absence were granted Messrs. Horne of Crisp, Medders of Bacon, Overby of Stewart, Fussell of Webster, Jennings of Terrell, Burton of Lee, Campbell of Polk, and Crummey of Wilson.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock and HB 297 went over as unfinished business.

1004

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia,
Friday, March 5, 1943.
The House met pursuant to adjournment this day at 10:00 a. m., was called to order by the Speaker and opened with a prayer by the chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. 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. 2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills.
By unanimous consent, the following bills and/or resolutions of the House were introduced, read the first time and referred to the committees: HB 623. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to fix the salaries and compensation of certain officers and deputies of the municipal court of Augusta; and for other purposes. Referred to Committee on Special Judiciary. HR 154-623A. By Mr. Curry of Randolph: A resolution appropriating $343.00 to pay Dr. J. C. Patterson, of Cuthbert, for treating Willie Bell and William J. Allen, who were injured while working for the state highway department; and for other purposes. Referred to Committee on Special Appropriations. HR 155-623B. By Messrs. Gardner of Mitchell, Durden of Dougherty and McCracken of Jefferson : A resolution opposing liquidation of the Home Owners' Loan Corporation,

FRIDAY, MARCH 5, 1943

1005

and memorializing Congress not to allow liquidation at this time; and for other purposes. Referred to Committee on General Judiciary No. 1.
HB 624. By Mr. Hagan of Screven: A bill to be entitled an act to abolish the county treasurer of Screven county and to create a county depository; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 625. By Mr. Hagan of Screven: A bill to be entitled an act to fix the compensation of the treasurer of Screven county, and providing for a referendum submitting this act to the voters; and for other purposes. Referred to Committee on Counties and County Matters.
HB 626. By Mr. Norman of Henry: A bill to be entitled an act to abolish the city court of Henry county and transfer all matters pending to the superior court of Henry county; and for other purposes.
Referred to Committee on Special Judiciary. HB 627. By Mr. Norman of Henry:
A bill to be entitled an act to provide for holding three terms each year for the superior court of Henry county and to fix the dates; and for other purposes. Referred to Committee on Special Judiciary.
Mr. Sills of Candler County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker: Your Committee on Counties and County Matters have had under considera-
tion the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 621. Do Pass. HB 622. Do Pass.
HB 614. Do Pass.
SB 204. Do Pass.
SB 206. Do Pass.

1006

JOURNAL OF THE HOUSE,

SB 207. Do Pass.

SB 208. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Mason of Morgan County, Chairman of the Committee on General Agriculture No. 1, submitted the following report:

Mr. Speaker:

Your Committee on General Agriculture No. 1 have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 139. Do Pass.
Respectfully submitted, Mason of Morgan, Chairman.
Mr. Hicks of Floyd County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary No. 2 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 620. Do Pass.

Respectfully submitted,

Hicks of Floyd, Chairman.
Mr. Kendrick of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:

Your Committee on Industrial Relations have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 606. Do Pass.

Respectfully submitted,

Kendrick of Fulton, Chairman.

FRIDAY, MARCH 5, 1943

1007

Mr. Powell of Stephens County, Chairman of the Committee on ~Ianufacturers, submitted the following report:
1\Ir. Speaker:
Your Committee on J.\;lanufacturers have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 140. Do Pass.
Respectfully submitted,
Powell of Stephens, Chairman.

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on l\Iunicipal 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:

SB 178. Do Pass.

HB 615. Do Pass.

HB 609. Do Pass.

Respectfully submitted,
Allison of Gwinnett, Chairman.

Mr. Thigpen of Glascock County, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker: Your Committee on Privileges and Elections have had under consideration the
following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 578. Do Pass.
SB 164. Do Pass.
SB 203. Do Pass.
SB 176. Do Pass.

1008

JOURNAL OF THE HOUSE,

SB 177. Do Pass. SB 175. Do Pass.

Respectfully submitted,
Thigpen of Glascock, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special judiciary, submitted the following report: Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 617. Do Pass.
HB 618. Do Pass.
HB 616. Do Pass.
SB 197. Do Pass.
SB 209. Do Pass. Respectfully submitted, Mims of Miller, Chairman.

Mr. McCracken of J e:fferson 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:
HB 158. Do Pass.
HB 528. Do Pass by substitute.
Respectfully submitted,
McCracken of Jefferson, Chairman.
By unanimous consent, the following bills of the House and Senate, favorably reported, were read the second time:

FRIDAY, MARCH 5, 1943

1009

HB 158. By Messrs. Riddlespurger of Colquitt, Hubert and Broome of DeKalb, Nicholson of Richmond, Peck of Dade and Ogburn and Malone of Laurens:
A bill to be entitled an act to require the preparation and publication of the receipt and disbursement of public funds by fiscal authorities of counties and municipalities; and for other purposes.
HB 518. By Messrs. Key of Jasper, Rowland of Johnson, Graham of Brooks, Anderson of Wayne, Fortson of Wilkes and Riley of Peach:
A bill to be entitled an act to provide revenue and a source of revenue for paying annuities and benefits to the peace officers of Georgia; and for other purposes.
HB 578. By Messrs. Powell of Stephens, Hardy of Jackson and Horne of Crisp:
A bill to be entitled an act to add a new section to the Code to be numbered 34-3316 to provide the method for soldiers and sailors to cast their ballots in all elections in Georgia; and for other purposes:
HB 606. By Mr. Mims of Miller: A bill to be entitled an act to amend the workmen's compensation la~s of Georgia so as to include all state, ~unicipal and county employees; and for other purposes.
HB 609. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of East Point to provide for a deputy marshal; to provide for forfeiture of bonds in recorder's court; to provide method of appeal from recorder's court; to provide for voting by absentee ballot; and for other purposes.
HB 614. By Mr. Chance of Twiggs:
A bill to be entitled an act to provide that the term of county commissioners of Twiggs county shall he for four years; and for other purposes.
HB 615. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to amend the charter of City of Valdosta to require the city clerk to keep an itemized statement of all salaries and e~penses, including traveling expenses, paid to each person; and for other purposes.
HB 616. By Messrs. Harris, Holley and Nicholson of Richmond: A bill to be entitled an act to provide for an assistant solicitor general of the superior court of Richmond county; and for other purposes.
HB 617. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to provide for an assistant solicitor of the City Court of Augusta; and for other purposes.

1010

JOURNAL OF THE HOUSE,

HB 618. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to fix the salary of clerk of the solicitor general of the Augusta circuit for Richmond county; and for other purposes.
HB 620. By Messrs. Harris of Richmond and Whipple of Bleckley:
A bill to be entitled an act to amend sections 27-904 and 27-906 of the code of Georgia by substituting new sections to provide a bail may surrender their principal in vacation to the sheriff or in open court in discharge of themselves from liability, and the clerk shall issue a scire facias on all forfeited bonds, and the manner of service; and for other purposes.
HB 621. By Mr. Warnock of Montgomery:
A bill to be entitled an act to repeal an act amending an act approved December 3, 1937, creating a new board of commissioners; and for other purposes.
HB 622. By Mr. Warnock of Montgomery:
A bill to be entitled an act to amend the act approved December 3, 1937, to provide for a board of county commissioners of three members to be elected by the grand jury; and for other- purposes.
SB 139. By Senator Raynor of the 4th district:
I
A bill to be entitled an act to amend the act approved March, 1937, (Ga. laws 1937, pp. 716-719) by striking section 4 in its entirety and substituting a new section to provide any dealer purchasing animals for resale or slaughter shall keep the license number of the automobile or truck of the seller and a description of the animals bought; and for other purposes.
SB 140. By Senator Ennis of the 20th district:
A bill to be entitled an act to amend section 54-205 of the code of 1933 to change the age of persons working in manufacturing establishments at night from 21 to 18 years of age; and for other purposes.
SB 164. By Senator Kaigler of the 12th district:
A bill to be entitled an act to amend an act providing for a recount of ballots in primary elections to provide for appeals; and for other purposes.
SB 175. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize for the division of militia districts in Fulton county into precinct areas where additional election precincts are authorized; and for other purposes.
SB 176. By Senator Millican of the 52nd district:
A bill to be entitled an act to require registration cards in the voters' book

FRIDAY, MARCH 5, 1943

1011

in Fulton county, to disclose information regarding naturalization date; and for other purposes.
SB 177. By Senator Millican of the 52nd district:
A bill to be entitled an act to require managers in Fulton county, to preserve the applications for ballots of voters; and for other purposes.
SB 178. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the charter of the City of Atlanta, to provide for the election of the city attorney, by the qualified voters of the city; and for other purposes.
SB 197. By Senator Kaigler of the 12th district:
A bill to be entitled an act to abolish the county court of Quitman and reestablish a county court of Quitman county; and for other purposes.
SB 203. By Senator Millican of the 52nd district:
A bill to be entitled an act to provide in all elections in Fulton county the voters shall be required to vote at the voting precinct of the militia district, ward or precinct area where such voter resides, and not elsewhere ; and for other purposes.
SB 204. By Senator Boyett of the 11th district:
A bill to be entitled an act to provide the terms of the commiSSIOners of Randolph county shall run for four years and to fix their pay at $4.00 per day for each day engaged in transacting county business; and for other purposes.
SB 206. By Senator Atkinson of the 1st district:
A bill to be entitled an act to provide for a change in the salary of the woman baliff of the Chatham superior court; and for other purposes.
SB 207. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize the ordinary of Fulton county to install and use photostatic or other photographic equipment for the purpose of recording documents; and for other purposes.
SB 208. By Senator Harrison of the 17th district:
A bill to be entitled an act to remove the limit on the salary of the clerk of the county commissioners and dispense with publication of quarterly reports in Jenkins county; and for other purposes.
SB 209. By Senator Harrison of the 17th district:
A bill to be entitled an act to abolish the city court of Millen and provide



1012

JOURNAL OF THE HOUSE,

for the disposition of all cases and proceedings pending therein; and for other purposes. By unanimous consent the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 604. By Mr. Miller of Lanier: A bill to be entitled an act to abolish the county court of Lanier and transfer pending matters to the superior court of Lanier; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0. The bill having received the requisite constitutional majority was passed. The following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HB 557. Relating to Jefferson county. 2. HR 129-567A. Relating to Jefferson county. 3. HB 549. Wheeler county constitutional amendment. 4. HB 605. Terms of court, Lanier county. 5. HR 142-594Bfl Name of Sea Island. 6. HR 149-600D. Constitutional amendment, Crisp county. 7. 601. Relating to Richmond county. 8. HB 607. Chattooga county constitutional amendment. 9. SB 54. Conveying property to City of Griffin. 10. SB 123. Relating to Dade county. 11. HR 43-198A. Constitutional amendment, Berrien county. 12. SB 133. Relating to Columbia county.
13. HB 603. Richmond county, constitutional amendment.
14. HB 385. Relating to Muscogee county. 15. HB 335. Fulton and DeKalb county constitutional amendment.

FRIDAY, MARCH 5, 1943

1013

16. HB 361. Relating to DeKalb county. 17. HR 111-492A. Constitutional amendment Bibb county. 18. HR 118-509A. Fulton county constitutional amendment. 19. HB 539. Relating to Fulton and DeKalb counties. 20. HB 541. Relating to Clayton county. 21. HR 125-545B. Fulton county constitutional amendment. 22. SR 21. Constitutional amendment, Atlanta judicial circuit. 23. HB 558. Relating to Cherokee county. 24. HB 573. Relating to Houston county. 25. HR 107-479A. Manner of pledging allegiance to Georgia flag. 26. HB 612. Relating to Richmond county. 27. HR 115-497A. Girl Scout day. 28. HR 117-502A. Constitutional amendment on school taxes. 29. I:IR 120-519A. Memoralizing congress. The committee fixes and gives the speaker authority to call the above bills and resolutions in such order as he sees fit. 30. HR 102-454A. Request to congress. 31. HB 580. Relating toFulton county.
Durden of Dougherty, Vice-Chairman.

Under the special and continuing order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 557. By Mr. McCracken of Jefferson:
A bill to be entitled an act to provide for the payment of $10.00 at the time of filing petitions for divorce to the clerk of the superior court of Jefferson county; and for other purposes.
The report of the ecommittee, which was favorable to- the passage of the bill,
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.

1014

JOURNAL OF THE HOUSE,

HR 129-567A. By Mr. McCracken of Jefferson:
A resolution authorizing the state librarian to furnish certain law books to the clerk of the superior court of Jefferson county; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
HB 605. By Mr. Miller of Lanier:
A bill to be entitled an act to provide for the holding of four terms a year of the Lanier superior court; to fix the time 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
HR 142-594B. By Messrs. Gowen and Gilbert of Glynn:
A resolution to declare the name of a certain island m Glynn county, Georgia, to be Sea Island; 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 werl! 106, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
HB 601. By Messrs. Harris, Holley, and Nichloson of Richmond:
A bill to be entitled an act to require that in all counties having a population between 81,000 and 82,000, applicants for divorces must deposit $15.00 before filing said application; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB. 54. By Senator Arnold of the 26th district:
A bill to be entitled an act to cede and convey to the City of Griffin the fee simple title to the tract of land known as Camp Northern; and for other purposes.

FRIDAY, MARCH 5, 1943

1015

The following amendment to SB 54 was read and adopted:
Messrs. Hightower and Swint of Spalding moves to amend SB 54 as follows: By striking the period after the word "land" in Section 1 and inserting in lieu thereof a comma and adding thereto the following: Provided, that the City of Griffin and its board of commissioners shall have no power or authority to grant, sell or convey the land 'described herein or any part thereof, until the grant or sale shall have been ratified by majority vote of the qualified voters of said City voting in an election specially called for said purpose. A notice of said election shall be published in the official gazette in and for Spalding county once a week for four (4) successive weeks, next preceding said election date, stating the time and place for said election and the purpose for which the same is to be held.
So that said Section 1 as amended shall read as follows: That the State of Georgia reserving only the right of eminent domain, hereby cedes and quit claims to the City of Griffin the fee simple title to all of said tract of land, provided that the City of Griffin and its board of commissioners shall have no power or authority to grant, sell or convey the lands described herein or any part thereof, until the grant or sale shall have been ratified by a majority vote of the qualified voters of said City voting in an election specially called for said purpose. A notice of said election shall be published in the official gazette in and for Spalding county once a week for four successive weeks next preceding said election date, stating the time and place for said election and the purpose for which same is to be held.
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 v.ere 112, the nays 0.
The bill having received the req~isite constitutional majority was passed, as amended.
SB 123. By Senator Forester of the 44th district:
A bill to he entitled an act authorizing and directing all proper officers of all counties in Georgia having certain specified populations, to pay sheriffs of said counties $100.00 per month, in addition to fees 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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 133. By Senator Eubank of the 29th district:
A bill to he entitled an act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court, the sheriff, and tax commissioner; and for other purposes.

1016

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 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 385. By Messrs. Elliott, Smith, and Copland of M uscogee: A bill to be entitled an act to amend section 32-903 of the code of Georgia which sets fourth the qualifications of members of county boards of education; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 361. By Messrs. Hubert, Turner and Broome of DeKalb:
A bill to be entitled an act to provide for the examination for qualified electrician in counties having a population between 85,000 and 90,000 persons; to create a board of examiners for said purpose; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 539. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to be entitled an act to authorize the board of county commissioners or other fiscal agents in counties in this state having a city with a population with not less than 200,000 to acquire within the unincorporated areas parks and historic sites; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 541. By Mr. Reynolds of Clayton: A bill to be entitled an act to provide for and to fix the time of keeping the polls open in elections at precincts in counties having a population between 1,600 and 11,700 persons; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, MARCH 5, 1943

1017

On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 558. By Mr. Wilbanks of Cherokee:
A bill to be entitled an act to provide payment by counties having a population, according to the census of 1940 and of any future census of not less than 20,120 nor more than 20,130, 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 passage of the bill, was agreed to.
On the passage of the bill, the ayes .were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 612. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to fix the salaries of all deputies and assistants of the county officials of all counties having a population of not less than 81,000 and not more than 83,000 and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 549. By Mr. Adams of Wheeler:
A bill to be entitled an act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the town of Glenwood 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 the existing bonded indebtedness and interest thereon of said town due and unpaid as of July 1, 1943, and any outstanding bonded indebtedness and interest thereon due up to and including January 1, 1958; 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 1, 1943, and any bonded indebtedness and interest thereon which becomes due up to and including January 1, 1958; to provide for the submission of the amendment for ratification by the people; and for other purposes:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:

1018

JOURNAL OF THE HOCSE,

Section 1. That Article 7, Section 7, Paragraph 1 of the Constitution of Georgia which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit:
"And except that the Town of Glenwood, Wheeler County, 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 $17,500.00,. for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said Town outstanding, past due and unpaid on July 1, 1943, and any bonded indebtedness and interest thereon of said city, outstanding and which becomes due up to and including January 1, 1958, and provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the Town of Glenwood to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon due and unpaid as of July 1, 1943, and any bonded indebtedness and interest thereon outstanding and which becomes due up to and including January 1, 1958. Said refunding bonds shall be issued when authorized by a majority vote of the Mayor and Council of the Town of Glenwood, 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 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 of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Town of Glenwood, Georgia, to issue refunding bonds." All persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution authorizing the Town of Glenwood, Georgia, to issue Refunding bonds". And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for members of the General Assembly, the said 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.

FRIDAY, MARCH 5, 1943

1019

The bill being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Allison Barfield Bennett Boone Boynton Brewton Bridges Broome Brunson Burnside Bynum Cannon Cates Chance Cheshire Copland Cowart Culpepper Curry Dallis Deal Dorsey Drake Dunn DuPree Durden Dyal Easler Edwards Elliott Etheridge Ferguson Fortson Foster Gardner Gaskins Gaston Gavin Gholston Giddens Gillis

Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hart of Quitman Hatchett Heard Herndon Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Hubert Hurst Joiner Johns Johnston Jones Kelly of Walker Kendrick Key Littlejohn Looper Malone Mankin Martin Maund McCamy McCracken McEntire Mcintosh McNall Mims

Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Norman Odom Ogburn Pannell Park Parker Pettit Phillips Pirkle Powell Price Pruitt Ray Reid Reynolds Riley Rossee Rountree Russell Salter Smith of Muscogee Smith of Oglethorpe Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welsch

1020

JOURNAL OF THE HOUSE,

Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham

Williams of Coffee Williams of Harris Willoughby

Woodruff Yawn Mr. Speaker

Those not voting were:

Alexander Alwood Anderson Baker Bates Battles Bargeron Bentley Bowen Branch Burton Caldwell Campbell of Newton Campbell of Polk Clark Connell Crummey Dalton Daves Dorsett Dukes Ennis Fisher

Fussell

Nicholson of Richmond

Gilbert

Oliver

Grayson

Overby

Hardy

Padgett

Hart of Thomas

Peck

Hartness

Porter

Hefner

Rees

Hicks

Riddles purger

Horne

Roper

Howard

Roughton

Jennings of Sumter

Rowland

Jennings of Terrell

Sharpe

Johnson of Chattahoochee Sheppard

Johnson of Pike

Sills

Kelly of Thomas

Smiley

Knabb

Smith of Carroll

Mabry

Smith of Dougherty

Mason

Smith of Washington

Mavity

Wells of Ben Hill

Medders

Williams of Gwinnett

Miller

Wilson

Mills

Wright

Moate

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

On the passage of the bill, the ayes were 137, the nays 0.

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

HR 149-600. By Mr. Horne of Crisp:

A RESOLUTION

A resolution to the qualified voters of Georgia amendment to Article seven, Section seven, Paragraph one, of the Constitution of Georgia so as to authorize the City of Cordele, Crisp county, or either of them to enter into contracts with each other, or with a hospital authority, without the necessity of an election and irrespective of the debt limitation provision of the constitution, and to levy and collect taxes for the purpose of complying

FRIDAY, MARCH 5, 1943

1021

with such contracts so entered into; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
Be it resolved and it is hereby resolved by the General Assembly of the State of Georgia:
Section 1. That Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, which heretofore been amended, shall be further amended by adding at the end thereof, a new paragraph in the following language, to wit.
"And except that the city of Cordele, County of Crisp, or either of these political sub-division, may jointly and severally by a majority vote of the governing body, or bodies, the respective political sub-divisions, enter into contracts each with the other, or with a duly authorized and a created Hospital Authority, and assume thereby definite and fixed future liabilities or obligations for the period of time provided under and in furtherance of the General powers and obligations pertaining to hospitalization authorized by Article seven, Section six, Paragraph 3, of the Constitution and may agree to levy and collect a tax within the mileage limitations as prescribed by the Hospital Authority Act, Georgia Laws 1941, p. 241, et seq., and any amendment thereto, for the purpose of complying with the terms of any contract so entered into, such contract so entered into, such contracts so entered into, such contracts so entered into, and the liabilities or obligations arising thereunder shall not require an election for that purpose, and such liabilities or obligations so assumed thereby shall not be deemed within the debt limitation provision of the Constitution."
Section 2. Be it further resolved 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 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 of Article 7, Section 7, Paragraph 1, of the Constitution so as to a~thorize the City of Cordele, Crisp County to enter into contracts and assume liabilities of obligation thereunder pertaining to hospitalization of the indigent sick:, and for other purposes." All persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the City of Cordele Crisp County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick: and for other purposes." And if the majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall he 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 mak:e a proclamation therefor, as provided by law.

1022

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the reso-

lution, was agreed to.



The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those toting in the affirmative were:

Adams Allison Barfield Bennett Boone Boynton Brewton Bridges Brunson Burnside Bynum Cannon Cates Chance Cheshire Copland Cowart Culpepper Curry Dallis Deal Dorsey Drake Dunn DuPree Durden Dyal Easler Edwards Elliott Etheridge Ferguson Fortson Foster Gardner Gaskins Gaston Gavin Gholston

Giddens Gillis Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hatchett Heard Hefner Herndon Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Hubert Hurst Joiner Johns Johnson of Pike Johnston Jones Kelly of Walker Kendrick Key Littlejohn Livingston Looper Malone

Mankin Martin Maund McCamy McCracken McEntire Mcintosh McNall Mims Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Norman Odom Ogburn Pannell Park Parker Pettit Phillips Pirkle Price Pruitt Ray Reid Reynolds Riley Rossee Rountree Russell Salter Smith of Muscogee Smith of Oglethorpe Sparks Strickland Sumner

FRIDAY, MARCH 5, 1943

1023

Swint Thigpen Thomas Thompson Thrash Thurmond Turner

Waller Warnock Weaver Welsch Wells of Telfair Whipple Wilbanks of Cherokee

Wilbanks of Habersham Williams of Coffee Williams of Harris Woodruff Yawn Mr. Speaker

Those not voting were:

Alexander Alwood Anderson Baker Bates Battles Bargeron Bentley Bowen Branch Burton Caldwell Campbell of Newton Campbell of Polk Clark Connell Crummey Dalton Daves Dorsett Dukes Ennis Fisher

Fussell

Oliver

Gilbert

Overby

Grayson

Padgett

Hart of Thomas

Peck

Hartness

Porter

Heard

Powell

Hefner

Rees

Hicks

Riddlespurger

Horne

Roper

Howard

Roughton

Jennings of Sumter

Rowland

Jennings of Terrell

Sharpe

Johnson of Chattahoochee Sheppard

Kelly of Thomas

Sills

Knabb

Smiley

Mabry

Smith of Carroll

Mason

Smith of Dougherty

Mavity

Smith of Washington

Medders

Wells of Ben Hill

Miller

Williams of Gwinnett

Mills

Wilson

Moate

Wright

Nicholson of Richmond

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

On the adoption of the resolution the ayes were 137, the nays 0.

The resolution having received the requisite constitutional two-thirds majority was adopted.

The following message was received from the Senate through Mr. Nevin, 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:

1024

JOURNAL OF THE HOUSE,

SB 145. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Raynor of the 4th, Forester of the 44th, and Dean of the 34th:
A bill to provide for a general election to be held in August, and to be known as the "August general election", to be held biennially on Tuesday after the first Monday in August, beginning in 1943 ; and for other purposes.
SB 169. By Senator Gross of the 31st:
A bill to amend, revise, and codify the laws of this state governing fraternal benefit societies; and for other purposes.
SB 170. By Senator Oden of the 46th:
A bill to provide that all powers, duties, and functions previously performed by the state entomologist shall be vested in the director of entomology; and for other purposes.
SB 174. By Senator Gross of the 31st:
A bill to amend the 1933 code of Ga. by striking the words, "United States government bureau of mines", and substituting in lieu thereof the words, "Federal specifications board"; and for other purposes.
SB 180. By Senators Eubank of the 29th, Atkinson of the 1st, Harrison of the 17th, and Pope of the 7th:
A bill to provide for the public servtce commission, etc.; and for other purposes.
SB 200. By Senator Lovett of the 16th:
A bill to provide that bank examiners in making examinations of banks shall verify eighteen or more individual deposit accounts; and for other purposes.
SB 202. By Senator Arnold of the 26th:
A bill to provide that bank examiners shall interview the directors or a committee of directors; to provide the examiner shall call the directors attention to any violation of the banking laws; and for other purposes.
SR 43. By Senator Atkinson of the 1st:
A resolution approving the suspension of the collection of $75.00 of the $100.00 tax imposed on dance halls in Ga. during 1941 and 1942; and for other purposes.
SR 57. By Senators Atkinson of the 1st, and Williams of the 5th:
A resolution relative to the creation of a comprehensive marketing system

FRIDAY, MARCH 5, 1943

1025

for the agricultural products of the United States by the United States Congress; and for other purposes.
SR 63. By Senators Gross of the 31st, Atkinson of the 1st, Terrell of the 19th, Harrison of the 17th, Bloodworth of the 22nd, Ennis of the 20th, Millican of the 52nd, Ansley of the lOth, Williams of the 5th, and Simmons of the 8th:
A resolution to provide for a commission to draft a new constitution to be submitted to the next General Assembly; and for other purposes.
HR 68. By Messrs. Durden of Dougherty, Culpepper of Fayette, and Harris of Richmond:
A resolution providing that revenue antiCipation obligations shall not be deemed debts against the political sub-division issuing such obligation; and for other purposes.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 573. By Mr. Gray of Houston:
A bill to be entitled an act to provide that in counties having a population between 11,300 and 11,305 persons the board of commissioners of roads and revenues shall divide the county into five school districts and that one member of the board of education shall be elected from each district; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 607. By Mr. Thomas of Chattooga:
A BILL
To be entitled An Act proposing to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia to permit the County Board of Education of Chattooga County, or the Trustees of the Summerville School District or other proper authority, to issue bonds in an amount in excess of seven per centum of the taxable property in the Summerville School District for the purpose of replacing in the Summerville School District high school buildings destroyed by fire, and to authorize the proper school authority of Chattooga County, whether it be the Board of Education of said County or the Trustees of the Summerville School District, to issue bonds in an amount

1026

JOURNAL OF THE HOUSE,

not to exceed $35,000.00 over and above the present indebtedness, for school buildings in the Summerville School District of Chattooga County, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, which has heretofore been amended, be and the same is hereby proposed to be further amended by adding at the end of said Paragraph 1, the following language, to wit:
"Except that the Board of Education of Chattooga County, or the Trustees of the Summerville School District, whichever may be the proper authority, shall be and are hereby authorized to issue bonds to replace a high school building in the Summerville School District destroyed by fire, in an amount not to exceed $35,000.00 which said amount of $35,000.00 will not be in excess of the limitation of seven per centum provided by Article 7, Section 7, Paragraph 1 of the Constitution. After this amendment has been authorized and approved by the qualified voters of the Statt of Georgia, as required by the Constitution and Laws of this State, the bonds herein authorized in the amount of $35,000.00, or as much thereof as the proper school authorities may determine is necessary, shall be issued only after an election held in the Summerville School District at which the qualified voters of said District shall vote either for or against such bond issue and no bonds shall be issued until the same shall have been approved by the qualified voters of the Summerville School District in the method and manner now 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 the State for two months previous to the time of holding the next general election at which proposed amendments of the Constitution of this State may be voted on, the same shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of ratification of the proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution authorizing the proper school authority in Chattooga County to issue bonds in an amount not exceeding $35,000.00 to replace a high school building in the Summerville School District destroyed by fire" and all persons opposing the ratification of said amendment shall have written or printed on their ballots the words: "Against the ratification of amendment of Article 7, Section 7, Paragraph 1 of the Constitution authorizing the proper school authority in Chattooga County to issue bonds in: an amount not exceeding $35,000.00 to replace a high school building in the Summerville School District destroyed by fire." 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 required by law in a general election at which Constitutional amendments are submitted to th~ voters of this State, then said amendment shall become a part of

FRIDAY, MARCH 5, 1943

1027

Article 7, Section 7, Paragraph 1 of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law.

Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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

The bill being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Allison Barfield Bennett Boone Boynton Brewton Bridges Broome Brunson Burnside Bynum Cannon Cates Chance Cheshire Copland Cowart Culpepper Curry Dallis Deal Dorsey Drake Dunn DuPree Durden Dyal Easler Edwards Etheridge Ferguson Fortson Foster

Gardner Gaskins Gaston Gavin Gholston Giddens Gillis Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hatchett Hefner Herndon Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Hubert Hurst Joiner Johns Johnston

Jones Kelly of Walker Kendrick Key Littlejohn Livingston Looper Malone Mankin Ma,rtin Mason Maund McCamy McCracken McEntire Mcintosh McNall Mims Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Norman Odom Ogburn Pannell Park Parker Pettit Phillips Pirkle Price

1028

JOURNAL OF THE HOUSE,

Pruitt Ray Reid Reynolds Riley Rossee Rountree Russell Salter Smith of Muscogee Smith of Oglethorpe Sparks

Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock

Weaver Welsch Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris Willoughby Woodruff Yawn

Those not voting were:

Alexander Alwood Anderson Baker Bates Battles Bargeron Bentley Bowen Branch Burton Caldwell Campbell of Newton Campbell of Polk Clark Connell Crummey Dalton Daves Dorsett Dukes Elliott Ennis

Fisher

Oliver

Fussell

Overby

Gilbert

Padgett

Grayson

Peck

Hart of Thomas

Porter

Hartness

Powell

Heard

Rees

Hicks

Roper

Horne

Riddlespurger

Howard

Roughton

Jennings of Sumter

Rowland

Jennings of Terrell

Sharpe

Johnson of Chattahoochee Sheppard

Johnson of Pike

Sills

Kelly of Thomas

Smiley

Knabb

Smith of Carroll

Mabry

Smith of Dougherty

Mavity

Smith of Washington

Medders

Wells of Ben Hill

Miller

Wilson

Mills

Wright

Moate

Mr. Speaker

Nichcolson of Richmond

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

On the passage of the bill, the ayes were 137, the nays 0.

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

FRIDAY, MARCH 5, 1943

1029

HR 43-198A. By Mr. Gaskins of Berrien:
A resolution proposing 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 Ray City to incur a bonded indebtedness in addition to that heretofore authorized by the constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness and interest thereon past due and unpaid as of July 1, 1943, and which becomes due up to and including January 1, 1962; 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 1, 1943, or which may become due up to and including January 1, 1962; to provide for the submission of the amendment for ratification by the people, and for other purposes:
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end there~ a new paragraph in the following words, to wit:
"And except that the City of Ray City, Berrien county, Georgia, may issue refunding serial bonds not in excess of the aggregate sum of $25,000.00, for the purpose of refunding and retiring any bonded indebtedness and interest thereon of said City outstanding, past due and unpaid on July 1, 1943, and any bonded indebtedness and interest thereon of said City outstanding and which becomes due up to and including January 1, 1962, a~d 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 Ray City to be used exclusively for the purpose of paying and retiring said bonded indebtedness and interest thereon past due and unpaid as of July 1, 1943, and interest thereon outstanding and which becomes due up to and including January 1, 1962. Said refunding bonds shall be issued when authorized by an ordinance of the officials of the City of Ray City 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, tha twhen 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, in 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 to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the City of Ray City to issue refunding bonds," and all persons opposed to the adopting of said amendment shall have written or printed

1030

JOURNAL OF THE HOUSE,

on their ballots the words, "Against ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the City of Ray City to issue refunding bonds." And if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the result shall be consolidated as now required by law in election for members of the General Assembly, the said 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, or parts of law, in conflict herewith are hereby repealed.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Allison Barfield Bennett Bentley Boone Boynton Brewton Bridges Broome Brunson Burnside Bynum Cates Chance Cheshire Copland Cowart Culpepper Curry Dallis Deal Dorsey Drake Dunn DuPree Durden Dyal Easler

Edwards Elliott Ennis Etheridge Ferguson Fortson Foster Gardner Gaskins Gaston Gavin Gholston Giddens Gillis Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitmn Hatchett Hefner

Herndon Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Hubert Hurst Joiner Johns Jones Kelly of Walker Kendrick Key Littlejohn Livingston Looper Malone Mankin Martin Mason Maund McCamy McCracken McEntire Mcintosh McNall ::\1ims

FRIDAY, MARCH 5, 1943

1031

Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Norman Odom Ogburn Pannell Park Parker Pettit Phillips Pirkle Porter Price Pruitt

Ray Reid Reynolds Riley Rossee Rountree Russell Salter Smith of Muscogee Smith of Oglethorpe Sparks Strickland Sumner Swint Thigpen Thomas Thompson

Thrash Thurmond Turner Waller Warnock Weaver Welsch Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Woodruff Yawn

Those not voting were:

Alexander Alwood Anderson Baker Bates Battles Bargeron Bowen Branch Burton Caldwell Campbell of Newton Campbell of Polk Cannon Clark Connell Crummey Dalton Daves Dorsett Dukes Ennis Fisher

Fussell

Oliver

Gilbert

Overby

Grayson

Padgett

Hart of Thomas

Peck

Hartness

Powell

Heard

Rees

Hicks

Riddlespurger

Horne

Roper

Howard

Roughton

Jennings of Sumter

Rowland

Jennings of Terrell

Sharpe

Johnson of Chattahoochee Sheppard

Johnson of Pike

Sills

Johnston

Smiley

Kelly of Thomas

Smith of Carroll

Knabb

Smith of Dougherty

Mabry

Smith of Washington

Mavity

Wells of Ben Hill

Medders

Wilson

Miller

Wright

Mills

Mr. Speaker

Moate

Nicholson of Richmond

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

On the adoption of the resolution, the ayes were 138, the nays 0.

1032

JOURNAL OF THE HOUSE,

The resolution having received the requisite constitutional two-thirds majority was adopted.
HB 603. By Messrs. Harris, Holley and Nicholson of Richmond:
A BILL
To be entitled an Act to propose to the people an amendment to paragraph two of section six of article seven of the Constitution of the State of Georgia so as to authorize the General Assembly to enact laws to create in Richmond County a retirement or pension fund for county employees and to enact laws to c;:reate in Richmond County a pension or retirement . fund for the employees of the Board of Health of Richmond County, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That the Constitution of the State of Georgia is hereby amended as follows, to wit: By adding to Paragraph 2, of Section 6 of Article 7 thereof the following words, to wit:
"Provided further, that the General Assembly shall have authority, however, to enact laws authorizing the County of Richmond to create a retirement or pension fund, and a system of retirement or pension pay for county employees not elected by the people and to employees under county officials elected by the people and paid from the county Treasury, and to provide for a contribution to such fund by all such employees by deductions from their pay, and to provide for contributions thereto from the County Treasury of Richmond County, and to provide for an assessment of taxe6 by Richmond County sufficient to cover such county's contribution, and to establish rules of tenure of office for all such employees.
"Provided further, that the General Assembly shall have authority to enact laws authorizing the Board of Health of Richmond County to create a retirement or pension fund for the employees of such Board, to provide a system of retirement or pension pay for the employees of such Board, to provide for contribution by the City Council of Augusta and Richmond County to such fund, to provide for contribution to such fund by the employees of the Board of Health of Richmond County, to authorize the City Council of Augusta and Richmond County to levy taxes for such fund, and to provide for the tenure of office of such employees.
Section 2. Be it further enacted by the authority aforesaid, that whenever th~: above proposed amendment to the Constitution shall have been agreed to by twothirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional

FRIDAY, MARCH 5, 1943

1033

District of this State, for two months next preceding the time of holding the next general election.

Section 3. Be it further enacted by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the word, "For ratification of amendment to Paragraph 2, of Section 6, of Article 7 of the Constitution authorizing the Legislature to provide a pension or retirement fund for the employees of Richmond County and to enact laws authorizing a retirement or pension fund for the employees of the Board of Health of Richmond County," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph 2, of Section 6, of Article 7 of the Constitution authorizing the Legislature to provide a pension or retirement fund for the employees of Richmond County and to enact laws authorizing a retirement or pension fund for the employees of the Board of Health of Richmond County." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain in the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby rtpealed.
The report of the committee, which was favorable to the passage of the bill. was agreed to.

The bill being a constitutional amendment, which requires a two-thirds vote-,. the roll call was ordered and the vote was as follows:
Those voting in the affirmative were:

Adams Allison Barfield Bentley Boone Boynton Brewton Bridges Broome Brunson Burnside

Bynum Cates Chance Cheshire Copland Cowart Curry Dallis Deal Dorsey Drake

Dunn DuPree Durden Dyal Easler Edwards Elliott Etheridge Ferguson Fortson Foster

1034

JOURNAL OF THE HOUSE,

Gardner Gaskins Gaston Gavin Gholston Giddens Gillis Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hatchett Heard Hefner Herndon Hightower Hill of Clarke Hogg Holley Hooks Hubert Hurst Joiner Johns Johnston Jones

Kelly of Walker Kendrick Key Littlejohn Livingston Looper Malone Mankin Martin Mason Maund McCamy McCracken McEntire Mcintosh McNall Mims Minchew lHitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Norman Odom Ogburn Pannell Park Parker Pettit Phillips Pirkle Porter Price Pruitt

Those not voting were:

Alexander Alwood Anderson Baker Bates Battles Bargeron Bennett Bowen

Branch Burton Caldwell Campbell of Newton Campbell of Polk Cannon Clark Connell Crummey

Ray Reid Reynolds Riley Rountree Russell Salter Smith of Muscogee Smith of Oglethorpe Sparks Strickland Sumner Swint Thigpen Thomas Thompson Thrash Thurmond Turner Waller Warnock Weaver Welsch Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Woodruff Wright Yawn
Culpepper Dalton Daves Dorsett Dukes Ennis Fisher Fussell Gilbert

FRIDAY, MARCH 5, 1943

1035

Grayson

Mavity

Hart of Thomas

Medders

Hartness

Miller

Hicks

Mills

Hill of Troup

Moate

Horne

Nicholson of Richmond

Howard

Oliver

Jennings of Sumter

Overby

Jennings of Terrell

Padgett

Johnson of Chattahoochee Peck

Johnson of Pike

Powell

Kelly of Thomas

Rees

Knabb

Riddlespurger

Mabry

Roper

Rossee Roughton Rowland Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of Washington Wells of Ben Hill Wilson Mr. Speaker

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

On the passage of the bill, the ayes were 137, the nays 0.

The bill having received the requisite 'constitutional two-thirds majority was passed.
HR 107-479A. By Messrs. Guyton of Effingham, Park of Greene, and Brunson of Bulloch:

A resolution specifying the manner of pledging allegiance to the Georgia flag; and for other purposes.

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 ayes were 104, the nays 0.

,,

The resolution having received the requisite constitutional majority was adopted. HR 115-479A. By Mr. McNall of Chatham:

A resolution for the observance and commemoration of the founding of the Girl Scout movement in the United States by Juliette Gordon Low; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 116, the nays 0.

The resolution having received the requisite constitutional majority was adopted.
HR 120-519A. By Messrs. Park of Greene, Hooks of Emanuel, Yawn of Dodge, and Hagan of Screven:

A resolution requesting congressmen and senators from the State of Georgia,

1036

JOURNAL OF THE HOUSE,

to introduce and advocate, an amendment to the federal social security act; 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 109, the nays 1.
The resolution having received the requisite constitutional majority was adopted.
HR 102-454A. By Messrs. Brewton of Evans, Howard of Long, Smiley of Liberty, Dukes of Bryan, and Oliver of Tattnall:
A resolution requesting the federal government to fence m the Camp Stewart anti-aircraft area base; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, the nays 0.
The resolution having received the,requisite constitutional majority was adopted.
HB 580. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act entitled an act to provide pensions for police and firemen in counties having a population of 200,000 or more; and for other purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the hill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Durden of Dougherty moved that the House do now adjourn and the motion prevailed.
Leave of absence was granted to Mr. Williams of Coffee.
The speaker announced the House adjourned until Monday morning, March 8, 1943, at 10:00 o'clock.

MONDAY, MARCH 8, 1943

1037

Representative Hall, Atlanta, Georgia. Monday, March 8, 1943.
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 a prayer by Dr. Sauls of Buena Vista, 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 Friday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions.
2. First reading and reference of House bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills. By unanimous consent, the following bills and/ or resolutions of the House were introduced, read the first time and referred to committees: HR 156-627A. By Mr. Etheridge of Fulton:
A resolution to relieve automobile garages and parking places from the payment of one-half of annual license taxes for the years 1943 and 1944; and for other purposes. Referred to Committee on Ways and Means. HB 628. By Mr. Connell of Lowndes: A bill to be entitled an act to amend the charter of the City of Valdosta so as to extend the corporate limits; and for other purposes. Referred to Committee on Municipal Government. HB 629. By Mr. Yawn of Dodge: A bill to be entitled an act to require the commissioner of Dodge county to publish a list of voters registered to vote in primary elections ten days prior

1038

jOURNAL OF THE HOUSE,

to each election, and to publish a list of those voting in such primary elections within ten days after the consolidation of the votes; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 630. By Messrs. Jennings and Mabry of Sumter:
A bill to be entitled an act to provide for fishing with hook and line, rod and reel, and fly rod twelve months out of each year in the County of Sumter; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 631. By Mr. Hartness of Fannin:
A bill to be entitled an act to amend the charter of the Town of Mineral Bluff and reincorporate said town as the "City of Mineral Bluff"; and for other purposes.
Referred to Committee on Municipal Government.
HR 157-631A. By Messrs. Harris of Richmond and Durden of Dougherty:
A resolution to authorize the revenue commissioner to order the use of stamps, labels, or other indication of payment of tax on malt beverages due to shortage of material used for crowns and lids; and for other purposes.
Referred to Committee on Ways and Means.
HR 158-631B. By Mr. Smith of Oglethorpe:
A resolution to a:uthorize the state librarian to furnish a complete set of Georgia reports and court of appeals reports to the ordinary of Oglethorpe county; and for other purposes.
Referred to Committee on Public Library.
HB 632. By Mr. Campbell of Newton, Durden of Dougherty, McCracken of jefferson, Miller of Lanier and Han~ of Mitchell:
A bill to be entitled an act to amend section 77-207 of the code of Georgia by providing that it shall be lawful for the prison commission, state highway department, counties or any other agency having charge of convicts to hire such convicts to farmers for farm labor during the present crisis; and for other purposes.
Referred to Committee on State of Republic.
HB 633. By :Messrs. Durden of Dougherty, Connell of Lowndes, McCracken of ] efferson, Miller of Lanier, Phillips of Columbia, Rossee of Putnam, Burnside of McDuffie and Hand of Mitchell:

MONDAY, MARCH 8, 1943

1039

A bill to be entitled an act to create the Rhodes Property commission; to authorize the commission to exchange the Rhodes Memorial Hall property to the Rhodes estate for property on the east side of Capitol avenue; and for other purposes.
Referred to Committee on State of Republic.
HB 634. By Messrs. Johns of Brantley, Hightower of Spalding and Nicholson of Oconee:
A bill to be entitled an act to amend section 84-2011 of the code of Georgia by repealing said section and substituting a new section to provide for veterans or blind persons to peddle or conduct business without a license, and excluding certain businesses; and for other purposes.
Referred to Committee on Ways and Means.
HB 635. By Messrs. Thurmond and Roper of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville relative to .pensions to provide the retirement pay shall be determined by averaging the rate of pay received over the full period of employment; and for other purposes.
Referred to Committee on Municipal Governments.
HB 636. By :Messrs. Rountree of Emanuel, Connell of Lowndes, Durden of Dougherty and Hand of Mitchell:
A bill to. be entitled an act to create the "Mansion site lease commission"; to authorize the commission to execute a lease contract with the Henry Grady Hotel company; providing for the extension of existing lease on the state's property on Peachtree, Cain and Spring streets; and for other purposes.
Referred to Committee on Public Property.
HB 637. By Messrs. Connell of Lowndes, and Rountree of Emanuel:
A bill to be entitled an act to amend the act approved March 21, 1939 (Ga.
Laws 1939, pp. 394-399) by striking section 5 of said act authorizing the
commission to extend existing leases on state property formerly known as the "Mansion property"; and by striki,ng section SA from said act; and for other purposes.
Referred to Committee on Public Property.
HB 638. By Mr. Gillis of Treutlen:
A bill to be entitled an act to provide that applicants for divorce in Treutlen superior court shall deposit $15.00 as costs at the time of filing the petition; and for other purposes.
Referred to Committee on Special Judiciary.

1040

JOURNAL OF THE HOUSE,

Mr. Cowart of Lowndes County, Vice Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 624. Do Pass.
HB 625. Do Pass.
Respectfully submitted,
Cowart of Lo,vndes, Vice-Chairman.

Mr. Thrash of Coffee County, Chairman of the Committee on Education No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Education No. 1, have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 134. Do Pass.
Respectfully submitted,
Thrash of Coffee, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House to wit:
HR 133.
HR 137. HR 43. HR 102. HR 107. HR 115.

MONDAY, MARCH 8, 1943

1041

HR 120.

HR 129.

HR 142.

HR 149.

HR 111.

HB 361.

HB 385.

HB 539.

HB 541.

HB 549.

HB 552.

HB 557.

HB 558.

HB 573.

HB 580.

HB 601.

HB 603.

HB 604.

HB 605.

HB 607.

HB 612.

HB 233.



HB 318.

HB 322.

HB 370. HB 420.

HB 430. HB 461. HB 513.

1042

JOURNAL OF THE HOUSE,

HB 543. HB 586. HB 587. HB 588. HB 589. HB 590. HB 597. HB 599. HB 600. HB 602. HB 608.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills and resolutions of the House to wit:

HR 68.

HB 306.

HB 341.

HB 438.



HB 440.

HB 517.

HB 533.

HB 536.

HB 537.

HB 540.

MONDAY, MARCH 8, 1943

1043

HB 548. HB 561. HB 563. HB 564. HB 569. HB 307. HB 448. HB 462.

Respectfully submitted,
Johnson of Chattahoochee, Chairman.

Mr. Mixon of Irwin County, Chairman oof the Committee on General Judiciary No. 1, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary No. 1, have bad 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:
HB 330. Do Pass.
SB 91. Do Pass.

Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Hicks of Floyd County, Chairman of the Committee on General Judiciary No.2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary No.2, have bad 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:
SB 59. Do Not Pass.
Respectfully submitted,
Hicks of Floyd, Chairn:an.

1044

JOURNAL OF THE HOUSE,

Mr. Drake of Seminole County, Chairman of the Committee on Public Highways No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways No. 2, have had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 52. Do Pass.
Respectfully submitted,
Drake of Seminole, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 627. Do Pass.

HB 626. Do Pass.

Respectfully submitted,

Mims of Miller, Chairman.

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back: to the House with the following recommendations:
HB 623. Do Pass.
Respectfully submitted,
Mims of Miller, Chairman.

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

MONDAY, MARCH 8, 1943

1045

HB 330. By Mr. Bynum of Rabun:
A bill to be entitled an act to amend section 67-2203 of the code of 1933 relative to liens for hauling lumber, stocks or logs, to provide that this section shall include a special lien for hauling with trucks or any other means; and for other purposes.
HB 623. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to fix the salaries and comp~nsation of certain officers and deputies of the municipal court of Augusta; and for other purposes.
HB 624. By Mr. Hagan of Screven:
A bill to be entitled an act to abolish the county treasurer of Screven county and to create a county depository; and for other purposes.
HB 625. By Mr. Hagan of Screven:
A bill to be entitled an act to fix the compensation of treasurer of Screven county, and providing for a referendum submitting this act to the voters; and for other purposes.
SB 91. By Senator Shannon of the 21st district:
A bill to be entitled an act to amend section 38-1604 of the 1933 code of Georgia, relating to husband and wife as witness against each other in criminal proceedings, by striking all of said section and substituting in lieu thereof a new section so as to provide that "husband and wife shall he competent and not compellable to give evidence in any and all criminal proceedings; and for other purposes.
SR 52. By Senator Oden of the 46th district:
A resolution memoralizing the congress of the United States to authorize the appropriation and expenditure of funds for the purpose of constructing and developing super national highways at the termination of the present war; 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:
SB 145. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Raynor of the 4th, Forester of the 44th and Dean of the 34th districts:
A bill to be entitled an act to create and establish a state-wide general election in addition to those elections now provided for under existing laws, to provide how and when held; and for other purposes.
Referred to Committee on State of Republic.

1046

JOURNAL OF THE HOUSE,

SB 169. By Senator Gross of the 31st district:
A bill to be entitled an act to amend, revise, and codify the laws of this state governing fraternal benefit societies; and for other purposes.
Referred to Committee on Insurance.
SB 170. By Senator Oden of the 46th district:
A bill to be entitled an act to amend an act approved March 28, 1937, to provide that all powers, duties, responsibilities and functions previously performed by the state entomologist shall now be vested in the director of entomology; and for other purposes.
Referred to Committee on General Agriculture No. 2.
SB 174. By Senator Gross of the 31st district:
A bill to be entitled an act to amend section 73-216 of the code of 1933, sub-section 3 to change the figures "0.10" and inserting the figures "0.25", and amending section 73-216 by striking the words "United States government bureau of mines", and substituting the words "federal specifications board"; and for other purposes.
Referred to Committee on Mines and Mining.
SB 180. By Senators Eubank of the 29th, Atkinson of the 1st, Pope of the 7th and Harrison of the 17th districts:
A bill to be entitled an act to propose to qualified electors for ratification or rejection an amendment to article 4, section 2 of the constitution by adding a new paragraph, providing for the public service commission; and for other purposes.
Referred to Committee on Amendments to Constitution No. 2.
SB 200. By Senator Lovett of the 16th district:
A bill to be entitled an act to amend an act of the General Assembly amending the banking act of the State of Georgia to provide for verification of certain individual accounts of banks by bank examiners; and for other purposes.
Referred to Committee on Banks and Banking.
SB 202. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking laws of Georgia regarding director's examinations; and for other purposes. Referred to Committee on Banks and Banking.
SR 43. By Senator Atkinson of the lst district: A resolution ratifying the action of former Governor Eugene Talmadge of

MONDAY, MARCH 8, 1943

1047

executive order issued April 11, 1941, suspending collection of three-fourths of the tax levied on dance halls for the years 1941 and 1942; and for other purposes.

Referred to Committee on Ways and Means.

SR 57. By Senators Atkinson of the 1st, and Williams of the 5th districts:
A resolution to request congress to direct U. S. Engineers or other competent authority to investigate and study deep water marketing facilities for agricultural products to meet needs of territory it is intended to serve and furnish adequate shipping facilities; and for other purposes.

Referred to Committee on General Agriculture No. 2.

SR 63.

By Senators Gross of the 31st, Atkinson of the 1st, Terrell of the 19th, Harrison of the 17th, Bloodworth of the 22nd, Ennis of the 20th, Lester of the 18th, Foster of the 40th, Millican of the 52nd, Ansley of the lOth, Williams of the 5th, Simmons of the 8th and Estes of the 35th districts:

A resolution providing for the appointment of a committee to draft a new constitution for the State of Georgia; and for other purposes.

Referred to Committee on State of Republic.

By unanimous consent the following bills of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 544. By Messrs. Kendrick, Etheridge, and Mrs. Mankin of Fulton:
A bill to be entitlfd an act to amend the charter of the Town of Palmetto in 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 104, the nays 0.

The bill having received the requisite constitutional majority was passed.

HB 545. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the Town of Palmetto in 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 105, the nays 0.

The bill having received the requisite constitutional majority was passed.

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JOURNAL OF THE HOUSE,

HB 609. By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton:
A bill to be entitled an act to amend the charter of the Town of East Point in 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 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 614. By Mr. Chance of Twiggs:
A bill to be entitled an act to amend an act app. July 27, 1923 (Ga. laws 1923, pp. 324-332), by striking and repealing section 3 and substituting in lieu thereof a new section 3 providing that after the present term of the commissioners has expired, the next term commencing Jan. 1, 1943 shall be for a period of 4 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 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 615. By Messrs. Connell and Cowart of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta; and for other purposes.
The following amendment was read and adopted:
Mr. Connell of Lowndes moves to amend HB 615 by inserting between the word "in" and the word "detail", in the tenth line of the first quoted paragraph of said bill, the word "reasonable", and striking from the 11th, 12th, and 13th lines of said paragraph the following words, to wit: "the amount paid for railroad fare, hotel accommodations, food, tips, and all other expenses in detail, and the purpose for which such trips were made, or such expenses incurred". He further amends said bill by adding at the end of the paragraph just mentioned, the following: "and that such statements so prepared by said clerk be published at least one time in a newspaper having general circulation in the City of Valdosta, Georgia." Said paragraph as amended shall read as follows:
"That the clerk of the City of Valdosta, Georgia shall make up and keep in his office, open to public inspection, a direct and correct statement in detail of all sums of money paid to any officer, department head, office employee, agent, attorney at law, or other person employed directly or indirectly, other than those performing manual labor, of the City of Valdosta, for salaries, fees, professional fees, special compensation or other compensation, or traveling or other expense, for each of such persons during the year 1942 and for each year thereafter, showing in detail each payment,

MONDAY, MARCH 8, 1943

1049

the amount so paid, the purpose for which paid, and in cases of expenses showing in reasonable detail the items for such expenses, and that such statement for the year 1942, and the months of January, February and March of the year 1943 shall be completed without delay, and in no event later than April 15, 1943 and thereafter monthly by the lOth day of the month for the immediate preceding month during the months and years subsequent to April 1, 1943; and that such statement so prepared by said Clerk be published at least one time in a newspaper having general circulation in the City of Valdosta, Georgia."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill as amended, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 618. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to amend an act providing for a clerk for the office of the solicitor general of the Augusta circuit, providing for the term of office, salary; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 621. By Mr. Warnock of Montgomery:
A bill to be entitled an 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 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 622. By Mr. Warnock of Montgomery:
A bill to be entitled an act to amend an act approved December 3rd, 1937 (Ga. laws, evtra session, 1937-38 pp. 856-864) County of Montgomery, defining the duties and powers of the board of commissioners of roads and revenues; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.

1050

JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed.
SB 178. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend 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 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 197. By Senator Kaigler of the 12th district: A bill to be entitled an act to abolish the county court of Quitman and to reestablish the county court of Quitman; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0. The bill having received the requisite constitutional majority was passed.
SB 204. By Senator Boyett of the 11th district:
A bill to be entitled an act to provide that the terms of the commissioners of Randolph county shall run for four years; to fix their per diem; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0. The bill having received the requisite constitutional majority was passed.
SB 206. By Senator Atkinson of the 1st district: A bill to be entitled an act to provide for a change in the salary of the woman baliff of the Chatham superior court; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0. The bill having received the requisite constitutional maj11rity was passed.
SB 209. By Senator Harrison of the 17th district: A bill to be entitled an act to abolish the city court of Millen; and for other purposes.

MONDAY, MARCH 8, 1943

1051

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0. The bill having received the requisite constitutional majority was passed. SB 208. By Senator Harrison of the 17th district:
A bill to be entitled an act to remove the limit on the salary of the clerk of the county commissioners and dispense with the quarterly reports in Jenkins county; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 117, the nays 0. The bill having received the requisite constitutional majority was passed. The following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit: 1. HB 335. Fulton and DeKalb county constitutional amendment. 2. HR lll-492A. Constitutional amendment Bibb county. 3. HR 118-509A. Fulton county constitutional amendment. 4. HR 125-545B. Fulton county constitutional amendment. 5. SR 21. Constitutional amendment, Atlanta judicial circuit. 6. SB 125. Relating to sheriffs in the armed forces. 7. HB 424. Absentee voting. 8. SB 140. Allowing minors to work. 9. HB 302. Accounting. 10. HR 58. Consolidated school districts. 11. HR 117-502A. Constitutional amendment on school taxes. 12. HB 552. Abolishing examining board. 13. HB 498. Regulating outdoor advertising. 14. HB 520. Relating to limited partnership.

1052 ,

JOURNAL OF THE HOUSE,

15. HB 468. Regulating the operation of dance halls and road houses. (Applying to Ben Hill county)
16. HB 281. Abolishing fee system-Northeastern circuit. 17. H B 616. Fix salary of assistant solocitor general in certain counties. 17A. HB 231. County lines. 18. HB 617. Appointment assistant solicitor general-Certain counties. (Rich-
mond county) 19. HB 158. County and municipal advertising. 20. HB 620. Court cost. 21. HB 577. Burning woods. 22. HR 146-300A. Constitutional amendment-Preference to veterans. 89. HB 340. Prevent discrimination against illegitimates. 24. SB 39. Mortgage forecloseure. 25. HB 181. Eligibility for judge emeritus. 26. HB 239. Stamp tax bill. 27. H B 535. Justice of peace reports. 28. HB 606. Making state subject to workmen's compensation. The speaker is authorized to call these bills in the order as he sees fit, and to add to the calendar any general bills with local application.
Respectfully submitted, Ben Fortson, Jr., Vice-Chairman.

Under the special and continuing order of business established by the Committee on Rules, the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 335. By Messrs. Turner, Broome, Hubert of Dekalb, Etheridge, Kendrick, and Mrs. Mankin of Fulton:
A bill to be entitled an act to propose to the qualified voters of Georgia amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia so as to authorize the City of Atlanta, Fulton County, and DeKalb County, or either of them, to enter into contracts with each other, or with a hospital authority, without the necessity of an election and irrespective of the debt limitation provision of the constitution, and to levy and collect taxes for the purpose of complying with such contracts so entered into; to

MONDAY, MARCH 8, 1943

1053

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 1, of the Constitution of the State of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof, a new paragraph in the following language, to wit:
"And except that the City of Atlanta, Fulton County and DeKalb County, or either of these political subdivisions may jointly and severally, by a majority vote of the governing bodies, or bodies, of the respective political subdivisions, enter into contracts each with each other, or with a duly authorized and created Hospital Authority, and assume thereby definite fixed future liabilities or obligations for the period of time provided under and in furtherance of the general powers and oblgiations pertaining to hospitalization authorized by Article 7, Section 6, Paragraph 3, of the Constitution and may agree to levy and levy and collect a tax within the millage limitation as prescribed by the Hospital Authority Act, Georgia Laws 1941, page 241, et seq., and any amendments thereto, for the purpose of complying with the terms of any contract so entered into; such contracts so entered into, and the liabilities or obligations arising thereunder shall not .require an election for that purpose, and such liabilities or obligations so assumed thereby shall not be deemed within the debt limitation provision of the Constitution.''
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 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 ~he words, "For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the City of Atlanta, Fulton County, and DeKalb County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, and for other purposes." All persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution, so as to authorize the City of Atlanta, Fulton County, and DeKalb County to enter into contracts and assume liabilities or obligations thereunder pertaining to hospitalization of the indigent sick, 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, 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 proclamation therefor, as provided by law.

1054

JOURNAL OF THE HOUSE,

Section 3. All laws and parts of laws in conflict herewith are hereby repealed.

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

The bill being a constitutional amendment which requires a two-thirds majority vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Alwood Baker Barfield Bargeron Bennett Bentley Boone Boynton Branch Bridges Broome Brunson Burnside Bynum Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsett Drake Dukes Dunn DuPree

Durden Dyal Easler Edwards Elliott Etheridge Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gillis Goldberg Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Harden Hardy Hart of Quitman Hart of Thomas Hartness Heard Hefner Herndon Hicks Hightower Hill of Troup Hogg Hooks Hubert Hurst

Jennings of Sumter Joiner Johns Johnson of Chattahoochee Johnson of Pike Jones Kelly of Thomas Kelly of Walker Kendrick Key Littlejohn Looper Mabry Malone Mankin Martin Mason Maund McCamy McCracken McEntire Mcintosh McNall Medders Miller Mills Minchew Mitchell Mixon Moate Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Overby Pannell

MONDAY, MARCH 8, 1943

1055

Park Parker Peck Pettit Pirkle Pruitt Ray Reid Reynolds Riley Roper Roughton

Rountree Russell Salter Sharpe Smiley Smith of Oglethorpe Sparks Sumner Thigpen Thrash Thurmond Waller

Warnock Welsch Wells of Ben Hill Wells of Telfair Whipple Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright

Those not voting were :

Allison Anderson Bates Battles Bowen Brewton Burton Caldwell Dorsey Ennis Ferguson Fisher Gilbert Gowen Graham Grayson Hand Hatchett Hill of Clarke

Holley Horne Howard Jennings of Terrell Johnston Knabb Livingston Mavity Mims Moore of Taliaferro Oliver Padgett Phillips Porter Powell Price Rees Riddlespurger Rossee

Rowland Sheppard Sills Smith of Carroll Smith of Dougherty Smith of M uscogee Smith of Washington Strickland Swint Thomas Thompson Turner Weaver Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Yawn Mr. Speaker

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

On the passage of the bill, the ayes were 149, the nays 0.

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

HR 111-492A. By Messrs. Weaver, Barfield and Wilson of Bibb:

A resolution proposing to the qualified voters of Georgia an amendment to Article 11, Section 1, of the Constitution of this State by adding at the end of said section a new paragraph so as to authorize the governing authorities of the County of Bibb to establish, re-establish, and administer special districts for sanitation, garbage removal and disposal, fire prevention, police

1056

JOURNAL OF THE HOUSE,

protection, drainage, road building, paving, and improvement, and any and all other public services and facilities usual and customarily afforded by municipalities of this state, to levy varying amounts of taxes, to issue bonds, and to levy assessments and service charges in connection with the establishments and administration of said districts; to provide means of collecting such executions, assessments, and service charges; and for other purposes.

Section l. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE

STATE OF GEORGIA, and it is hereby enacted by authority of the same, that

Article 11, Section 1, of the Constitution of the State of Georgia, as the same has

been amended, be further amended by adding at the end of said section as amended,

a new paragraph, as follows:

.

"The governing authorities of the County of Bibb shall have authority in their discretion, and without further authority that the exercise of such discretion, to establish and constitute, from time to time to restablish and reconstitute or discontinue, and to administer within the bounds of the County but without the present territorial limits of the City of Macon, Georgia districts for special sanitation; garbage removal and disposal; fire prevention, police protection, drainage, road building, paving, and improvement; and any and all other public services and facilities usual and customarily afforded and municipalities of this State; and to carry out the purposes of such establishment and administration, they shall have authority to levy taxes in varying amounts from that applicable to the County as a whole or to any other district, to issue bonds of any such district upon a vote of the qualified voters of such district, and under the rules of law governing the issue of County bonds, to levy assessments against and impose service charges upon the property and/or person served by these establishments provided pursuant hereto, to issue executions against the property and/or persons so served, and to collect such assessments, service charges, and executions in the manner as provided by law with respect to ad valorem taxes and/or license taxes."

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 shali be entered upon the Journal of each House, with the "ayes" and "nays" thereon, and publish in one or more newspapers in each congressional district in this State for the two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said general election in- favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of amendment to Article 11, Section 1, of the Constitution of Georgia, authorizing Bibb county to establish special districts for sanitation, garbage removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvements, and any other public service and facility usual and customarily afforded by municipalities of this State"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "against ratification of amendment to Article 11, Section 1, of the Constitution of Georgia,

MONDAY, MARCH 8, 1943

1057

authorizing Bibb County to establish special districts for sanitation, garbage removal and disposal, fire prevention, police protection, drainage, road building, paving, and improvements, and other public service and facility usual and customarily afforded by municipalities of this State." And if a majority of said electors qualified to vote for the 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 11, Section 1, of the Constitution of the State, and the Governor shall make proclamation as provided by law.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Alwood Battles Barfield Baker Bennett Bentley Boone Boynton Branch Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Chance Cheshire Clark Copland Cowart Culpepper Curry Dallis Dalton Daves

Deal Dorsett Dorsey Drake Dukes Durden Dyal Easler Edwards Etheridge Fortson Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gillis Goldberg Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Harden Hardy Hart of Quitman Hart of Thomas

Hartness Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Hooks Horne Hubert Hurst Joiner Johns Johnson of Pike Jones Kelly of Thomas Kelly of Walker Key Littlejohn Looper Malone Mankin Martin Mason Maund McCamy McCracken McEntire Mcintosh

1058

JOURNAL OF THE HOUSE,

McNall Medders Miller Mills Minchew Mitchell Mixon Moate Moore of Baldwin Nicholson of Oconee Norman Odom Ogburn Overby Pannell Park Parker Pettit

Phillips Pirkle Powell Price Pruitt Ray Reid Reynolds Riley Roughton Russell .Salter Sharpe Smith of Oglethorpe Sparks Strickland Sumner Swint

Thigpen Thomas Thrash Waller Warnock Weaver Welsch Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright Yawn

Those not voting were :

Allison Anderson Bates Bargeron Bowen Brewton Burton Cates Connell Crummey Dunn DuPree Elliott Ennis Ferguson Fisher Foster Gilbert Gowen Graham Grayson

Hand

Rees

Hatchett

Riddlespurger

Heard

Roper

Holley

Rossee

Howard

Rountree

Jennings of Sumter

Rowland

Jennings of Terrell

Sheppard

Johnson of Chattahoochee Sills

Johnston

Smiley

Kendrick

Smith of Carroll

Knabb

Smith of Dougherty

Livingston

Smith of Muscogee

Mabry

Smith of Washington

Mavity

Thompson

Mims

Thurmond

Nicholson of Richmond Turner

Oliver

Whipple

Padgett

Wilbanks of Habersham

Peck

Williams of Coffee

Porter

Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 143, the nays 0.
The resolution having received the requisite constitutional two-thirds majority was adopted.

'MONDAY, MARCH 8, 1943

1059

Mr. Weaver of Bibb asked unanimous consent that HR 111-492A be immediately transmitted to the Senate and the consent was granted.
The hour of convening the joint session of the General Assembly having arrived, the Senate appeared upon the floor of the House, and the joint session convened for the purpose of hearing the Milledgeville A Capella Choir, was called to order by Honorable Frank C. Gross, President of the Senate.
The Secretary of the Senate read the resolution providing for the joint session.
The Milledgeville A Capella Choir appeared upon the floor of the House and rendered several selections.
Mr. Durden of Dougherty moved that the joint session of the General Assembly do now dissolve and the motion prevailed.
The speaker called the House to order.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HR 118-507A. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton: A resolution proposing to the qualified voters of Georgia an amendment to Article 7, Section 6, Paragraph I, of the Constitution of Georgia to authorize the Board of Commissioners of Roads and Revenues of the County of Fulton and the city of Atlanta to make appropriations from county or city funds not derived from taxation to advertise and promote the agricultural, industrial, historical, recreational and natural resources, facilities and assets of such County and City and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto, making such appropriation directly for such purposes, or through such agencies as it may designate.
Be it resolved by the General Assembly of Georgia:
Section 1. That Article 7, Section 6, Paragraph I, of the Constitution of Georgia, be and the same is hereby amended by adding at the end of said paragraph the following language,
"Provided, however, that the Board of Commissioners of Roads and Revenues of the County of Fulton and the proper authorities of the City of Atlanta are authorized to make appropriations from county or City funds not derived from taxation to advertise and promote the agricultural, industrial, historical, recreational and natural resources, facilities and assets of such County and City and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto, making such appropriations directly for such purposes, or through such agencies as it may designate."
Section 2. That when this amendment shall be agreed to by two-thirds vote of the members elected to each House in the State for two months previous to the time

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JOURNAL OF THE HOUSE,

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 sheriff's advertisement are published twice during the two weeks immediately prior to the time of the holding of the next General "Election, at the next General Election it shall be submitted to the people for ratification or rejection. All persons voting at said election in favor of adopting said amendment to the Constitution shall have written or printed on their ballots the words:

"For ratification of amendment to Paragraph I, Section 6, Article 7, of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Fulton County and City of Atlanta."

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 6, Article 7, of the Constitution by providing for advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Fulton County and the City of Atlanta."

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 election for members of the General Assembly and return thereof be made to the Governor, then he shall declare said amendment adopted and make proclamation of the results thereof and said amendment shall become a part of Paragraph I, Section 6, Article 7, of the Constitution of the State of Georgia.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution being a constitutional amendment which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander Alwood Barfield Bentley Boone Boynton Branch Broome Brunson Burnside Bynum Caldwell

Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry

Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler

MONDAY, MARCH 8, 1943

1061

Edwards Etheridge Fortson Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gillis Goldberg Gray Greene of Jones Guerry Guyton Hagan Hand Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Hooks Horne Hubert

Hurst

Phillips

Johns

Pirkle

Johnson of Chattahoochee Powell

Jones

Price

Kelly of Thomas

Pruitt

Kelly of Walker

Reid

Kendrick

Reynolds

Littlejohn

Roper

Looper

Rossee

Malone

Roughton

Mankin

Russell

Martin

Salter

Mason

Sharpe

Maund

Sheppard

McCamy

Smiley

McCracken

Smith of Oglethorpe

McEntire

Sparks

Mcintosh

Strickland

Medders

Sumner

Miller

Swint

Mills

Thigpen

Mims

Thomas

Mitchell

Thrash

Mixon

Thurmond

Moate

Waller

Moore of Baldwin

Warnock

Moore of Taliaferro

Weaver

Nicholson of Oconee

Welsch

Norman

Wilbanks of Cherokee

Ogburn

Williams of Harris

Overby

Wilson

Pannell

Woodruff

Park

Wright

Peck

Yawn

Those not voting were:

Adams Allison Anderson Baker Bates Battles Bargeron Bennett Bowen Brewton

Bridges Burton Campbell of Newton Elliott Ennis Ferguson Fisher Foster Gilbert Gowen

Graham Grayson Greene of Schley Heard Holley Howard Jennings of Sumter Jennings of Terna Joiner Johnson of Pilr"

1062

JOURNAL OF THE HOUSE,

Johnston Key Knabb Livingston Mabry Mavity McNall Minchew Nicholson of Richmond Odom Oliver Padgett

Parker Pettit Porter Ray Rees Riddlespurger Riley Rountree Rowland Sills Smith of Carroll Smith of Dougherty

Smith of Muscogee Smith of Washington Thompson Turner Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Willoughby Mr. Speaker

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

On the adoption of the resolution, the ayes were 138, the nays 0.

The resolution having received the requisite constitutional two-thirds majority was adopted.

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

HB 445. By Mr. Dorsett of Douglas:
A bill to be entitled an act to amend the act creating the office of tax commissioner of Douglas county so as to provide for clerical hire; and for other purposes.
The following Senate amendment to HB 445 was read:
The Senate Committee on Counties and County Matters moves to amend HB 445 by striking therefrom the whole of section 4 and substituting in lieu thereof to be designated section 4 the following:
Section 4. Be it further enacted by the authority aforesaid that the compensation of the tax commissioner of Douglas county shall be fixed at an annual salary of eighteen hundred ($1,800.00) dollars per annum, to be paid in twelve equal monthly payments from the general funds of said county.
(a) In addition to the annual salary aforesaid there shall be paid from the general funds of Douglas county, to a clerk to be selected and employed by said tax commissioner of Douglas county, the sum of fifty ($50.00) per month-said clerk hire to be paid for such time, that is, for such months in the year, as the said tax commission may deem it necessary to employ a clerk.
(b) The said tax commissioner shall pay premium on bond, but shall not be required to furnish office equipment, stationery or supplies for his said office or pay for the necessary printing for said office. These items likewise to be paid from the general funds of Douglas county.

MONDAY, MARCH 8, 1943

1063

(c) All fees collected by said tax commissioner shall be paid into the general treasury of Douglas county, Georgia.
(d) This amendment shall become effective as of April 1st, 1943.
Mr. Dorsett of Douglas moved that the House adopt the Senate amendment to HB 445.
On the motion to adopt the Senate amendment to HB 445, the ayes were 103, the nays 0.
The motion prevailed and the Senate amendment to HB 445 was adopted.
Under the order of business established by the Committee on Rules, the following resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HR 126-545B. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton:
A RESOLUTION
To propose to the qualified voters of Georgia an amendment to article 7, section 7, paragraph 1 of the Constitution of Georgia by striking the words "Fulton County," being the fourth and fifth words, from the sub-paragraph to said article 7, section 7, parag~aph 1, proposed by the act of the General Assembly approved August 25, 1927 (Georgia Laws 1927, page 122) and ratified by the people of Georgia on November 6, 1928, providing that Fulton, Chatham and Richmond counties may make temporary loans and be further amended by adding a new sub-paragraph to said article 7, Section 7, paragraph 1, so as to authorize Fulton County to make temporary loans between January 1st and December 31st in each year, and to limit the aggregate amount of said loans outstanding at any one time, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that article 7, section 7, paragraph 1 of the Constitution of Georgia which has heretofore been amended by further amended by striking the words "Fulton County", being the fourth and fifth words, from the sub-paragraph to said article 7, section 7, paragraph 1, proposed by the act of the General Assembly approved August 25, 1927 (Ga. Laws 1927, page 122) and ratified by the people of Georgia on November 6, 1928, providing that Fulton, Chatham and Richmond counties may make temporary loans, and be further amended by adding a new paragraph to said article 7, section 7, paragraph 1, in the following language, to wit:
"And except that Fulton county, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st in each year, said loans to be evidenced by promissory notes signed by the chairman and clerk of the board of county commissioners of said county when previously authorized by resolution by a majority of the county commission at a regular or special meeting of the

1064

JOURNAL OF THE HOUSE,

board and spread upon the minutes. The aggregate amount of all such loans outstanding at any one time shall not exceed 70 per cent of the total gross income of the county from taxes and other sources in the preceding year; provided, however, no loan legal at the time made shall be rendered illegal by any subsequent reduction in such gross income of the county."

Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to- by two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional district in this state for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words "For ratification of amendment to article 7, section 7, paragraph 1 of the Constitution, authorizing Fulton county to make temporary loans," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to artcile 7, section 7, paragraph 1 of the Constitution, authorizing Fulton County to make temporary loans," and if a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the results shall be con~olidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of article 7, section 7, paragraph 1 of the Constitution of this state, and the Governor shall make a proclamation therefor as provided by law.

Section 3. All laws and parts of laws in conflict herewith are hereby repealed.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution being a constitutional amendment which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander Barfield Bennett Bentley Boone Boynton Branch Bridges Broome Brunson Burnside Bynum

Caldwell Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Copland Cowart Culpepper Curry

Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler

,.

MONDAY, MARCH 8, 1943

1065

Edwards Elliott Etheridge Fortson Foster Gardner Gaskins Gavin Gholston Giddens Gillis Goldberg Gray Greene of Schley Guerry Guyton Hagan Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Hefner Herndon Hicks Hightower Hill of Clarke Hogg Hill of Troup Hooks Horne Hubert Hurst Jennings of Sumter Johns

Johnson of Pike Jones Kelly of Walker Kendrick Key Littlejohn Looper Mabry Malone Mankin Martin Mason Maund McCamy McCracken McEntire Mcintosh McNall Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Norman Odom Ogburn Overby Pannell Park Parker

Those not voting were :

Adams Allison Alwood Anderson Baker Bates Battles Bargeron Bowen

Brewton Burton Campbell of Newton Crummey Dyal Ennis Ferguson Fisher Fussell

Peck Pettit Phillips Pirkle Powell Pruitt Ray Reid Reynolds Riley Rossee Roughton Russell Sharpe Sheppard Smiley Smith of Oglethorpe Strickland Sumner Swint Thigpen Thrash Waller Warnock Weaver Welch Wells of Telfair Wilbanks of Cherokee Williams of Harris Willoughby Wilson Woodruff Wright Yawn
Gaston Gilbert Gowen Graham Grayson Greene of Jones Hand Harden Heard

1066

JOURNAL OF THE HOUSE,

Holley

Oliver

Howard

Padgett

Jennings of Terrell

Porter

Joiner

Price

Johnson of Chattahoochee Rees

Johnston

Riddlespurger

Kelly of Thomas

Roper

Knabb

Rountree

Livingston

Rowland

Mavity

Salter

Medders

Sills

Miller

Smith of Carroll

Nicholson of Richmond Smith of Dougherty

Smith of Muscogee Smith of Washington Sparks Thomas Thompson Thurmond Turner Wells of Ben Hill Whipple Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Mr. Speaker

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 139, the nays 0.
The resolution having received the requisite constitutional two-thirds majority was adopted.

SR 21. By Senator Millican of the 52nd district:
A Resolution-Proposing to the qualified voters of Georgia an amendment to article 6, section 3, paragraph 1, of the Constitution of Georgia, by adding to said paragraph the following amendment: "Provided that in the Atlanta Judicial Circuit, the terms of the judges of the Superior Court whose terms commence after the adoption of this amendment shall be six years."
Section 1. Be it resolved by the General Assembly of Georgia that article 6, section 3, paragraph 1, of the Constitution of Georgia be amended by adding to said paragraph the following amendment: "Provided that in the Atlanta Judicial Circuit, the terms of the judges of the Superior Court whose terms commence after the adoption of this amendment shall be six years."
Section 2. Be it further enacted by the authority aforesaid, that when this amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the "yeas" and "nays" thereon, and shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election and at the next general election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the constitution shall have written or printed on their ballots the words, "For ratification of amendment to article 6, section 3, paragraph 1, of the constitution providing for change in length of terms from four to six years for the judges of the Superior Court of the Atlanta Judicial Circuit whose terms commence after the adoption of this amendment." All persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratifi-

MONDAY, MARCH 8, 1943

1067

cation of amendment to article 6, section 3, paragraph 1, of the constitution providing for change in length of terms from four to six years for the judges of the Superior Court of the Atlanta Judicial Circuit whose terms commence after adoption of this amendment." If the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification of said amendment, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, then the said amendment shall become a part of article 6, section 3, paragraph 1 of the Constitution of Georgia, and the Governor shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one. insertion in one of the daily papers of this State declaring the amendment ratified.

Mr. Culpepper of Fayette moved that SR 21 be indefiinitely postponed.

Mr. Etheridge of Fulton moved the ayes and nays on the motion to indefinitely postpone and the call was sustained.
The roll call was ordered and the vote was as follows :

Those voting in the affirmative were:

Baker Battles Bentley Brunson Burton Caldwell Campbell of Polk Connell Cowart Culpepper Dorsey Drake Dukes Dunn Edwards Foster Fussell Gaskins Gavin Guerry

Hardy

Mills

Hart of Quitman

Mims

Hart of Thomas

Minchew

Hefner

Mixon

Herndon

Ogburn

Hicks

Park

Hill of Troup

Parker

Hogg

Pettit

Hooks

Powell

Horne

Reid

Hurst

Roughton

Joiner

Russell

Johnson of Chattahoochee Sharpe

Johnson of Pike

Smiley

Jones

Sumner

Littlejohn

Thigpen

Malone

Welch

Maund

Wells of Telfair

McEntire

W-illiams. of Gwinnett

Medders

Wilson

Those voting in the negative were:

Alwood Bennett Broome Campbell of Newton Cannon

Clark Dalton Daves Deal Dorsett

Durden Easler Etheridge Fortson Gaston

1068

JOURNAL OF THE HOUSE,

Gholston Giddens Goldberg Gray Greene of Schley Hand Hartness Hill of Clarke Hubert Johns Kelly of Walker Kendrick Key Livingston

Looper Mabry Mankin Mason McCamy McCracken Miller Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Norman Odom

Overby Ray Rossee Sheppard Smith of Oglethorpe Swint Thomas Thrash Waller Weaver Williams of Harris Woodruff Yawn

Those not voting were :

Adams Alexander Allison Anderson Bates Barfield Bargeron Boone Bowen Boynton Branch Brewton Bridges Burnside Bynum Cates Chance Cheshire Copland Crummey Curry Dallis DuPree Dyal Elliott Ennis Ferguson Fisher Gardner Gilbert

Gillis Gowen Graham Grayson Greene of Jones Guyton Hagan Harden Hatchett Heard Hightower Holley Howard Jennings of Sumter Jennings of Terrell Johnston Kelly of Thomas Knabb Martin Mavity Mcintosh McNall Mitchell Nicholson of Richmond Oliver Padgett Pannell Peck Phillips Pirkle

Porter Price Pruitt Rees Reynolds Riddlespurger Riley Roper Rountree Rowland Salter Sills Smith of Carroll Smith of Dougherty Smith ofMuscogee Smith of Washington Sparks Strickland Thompson Thurmond Turner Warnock Wells of Ben Hill Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Willoughby Wright Mr. Speaker

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

MONDAY, MARCH 8, 1943

1069

On the motion to indefinitely postpone SR 21, the ayes were 60, the nays 55.
The motion prevailed and SR 21 was indefinitely postponed.
Mr. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.
2:00P.M.
The Speaker called the House to order.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
SB 125. By Senator Kaigler of the 12th district:
A bill to be entitled an act to amend the Code so as to allow the Governor to appoint some competent person to act as sheriff when the sheriff of any county has had to enter the armed forces for the unexpired term of said sheriff; and for other purposes.
The following substitute was read and adopted:
By Mr. Hart of Quitman:
A bill to be entitled an act to provide in counties in the State of Georgia having a population of not less than 3,430 nor more than 3,440 according to the Federal Census of 1940 and all other future federal census that when a vacancy in the office of sheriff occurs because said sheriff has entered the armed forces of the United States, that the Governor shall appoint a competent person to act as sheriff for the unexpired term or until the former sheriff is mustered out and returns; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1. That from and after the passage of this Act in all counties of the Stat;e of Georgia having a population of not less than 3,430 nor more than 3,440, according to the federal census of 1940, and all other future federal census in evidence, a vacancy in the office of sheriff occurs because the office-holder has entered the armed forces of the United States, is shall be the duty of the Governor to appoint a competent person to act as sheriff for the unexpired term or until said sheriff, who entered the armed forces of the United States is mustered out and returns. It is expressly enacted that the acting sheriff, appointed by the Governor, shall relinquish the office of sheriff to the duly elected sheriff when he returns frtm the armed forces of the United States before the expiration of the term for which he was elected.
Section 2. That all laws and parts of laws in conflict with this act be and the same are hereby repealed.

1070

JOURNAL OF THE HOUSE,

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 105, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
The following message was received from the Senate through Mr. Nevin, the Secreetary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolution of the Senate and House to wit:
SB 210. By Senator Harrison of the 17th:
A bill to establish a city court of Millen; and for other purposes.
SB 212. By Senator Goss of the 31st:
A bill to provide for the holding of four terms each year of Stephens superior court, to provide for grand jury terms; and for other purposes.
SB 216. By Senator Shannon of the 21st:
A bill to authorize and direct the ordinaries and county treasurers in and/or other proper officers in counties of not more than nine thousand one hundred twenty and not less than nine thousand one hundred ten according to the federal census of 1940 and all future federal census; and for other purposes.
SB 217. By Senator Shannon of the 21st:
A bill to apply to all counties of this state having a population of not less than 9,110 and not more than 9,120 according to the official U.S. census; to provide that in all such counties a new schedule of commissions be paid tax commissioners; and for other purposes.
HB 332. By Mr. Cannon of Rockdale:
A bill to prohibit and to regulate within the territorial limits of any county in this state having a population of 7,720 or 7,730 inclusive according to U. S. census of 1940, or any other census, the solicitation of votes for any person or proposition; for restricting the handing out of cards or p_amphlets for any person or proposition to be voted on; and for other purposes.
HB 495. By Mr. Boynton of Union:
A bill to amend, consolidate and supersede the several acts incorporating the City of Blairsville, to create a new charter of said corporation; and for other purposes.

MONDAY, MARCH 8, 1943

1071

HB 567. By Mr. Crummey of Wilcox:
A bill to strike and repeal in its entirety an act entitled "an act to abolish the office of county treasurer of Wilcox county, Ga.; and for other purposes.
HB 575. By Mr. Yawn of Dodge:
A bill to amend an act entitled, "an act to create the office of commissioner of roads and revenues in and for Dodge county; provide the methods of the election of such officers; and for other purposes.
HB 582. By Mr. Minchew of Atkinson:
A bill to abolish the office of tax receiver and tax collector of Atkinson county, to create the office of tax commissioner of Atkinsdn county; and for other purposes.
HB 101. By Mr. Thomas of Chattooga:
A resolution whereas, during the liquidation of Chattooga County Bank by the State Banking Department one-half of a certain building located in Summerville, Georgia, and the safe located therein was rented from Dr. 0. A. Selman, of Summerville; and for other purposes.
SB 211. By Senator Millican of the 52nd district:
A bill to regulate the sale of admission tickets to athletic contests; and for other purposes.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 424. By Mr. Mixon of Irwin:
A bill to be entitled an act to amend section 34-3301 of the Code of Georgia of 1933 as amended, relating to voting by mail and to voucher signed by absentee voter; and for other purposes.
The following substitute was read and adopted:
A bill to be entitled an act to repeal section 34-3301 of the official Code of Georgia of 1933 as amended (Ga. Laws 1941, pp. 365-367) relating to the time and manner of giving notice by persons desiring to vote by mail ; and to substitute therefor a new section 34-3301 to provide for the time and manner of giving notice to the registrars or ordinary for persons desiring to vote by mail; and for other purposes; to repeal section 34-3308 of the Code of Georgia of 1933 relating to voucher forms signed by absentee voters, and to substitute therefor a new section 34-3308 to provide for vouchers to be signed by absentee voters and the form of same, to repeal conflicting laws; and for other purposes.

'

1072

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section I. That section 34-3301 of the Code of Georgia of 1933, as amended (Georgia Laws 1941 pp. 365-367) approved March 27, 1941, be and the same is hereby repealed and a new secti9n 34-3301 is hereby substituted, which new section shall read as follows:

"Section 34-3301. Any voter, when required to be absent from the city or county, ward or district in which he is registered, may vote by registered mail; provided, that he or some member of his immediate family, viz, husband or wife, father or mother, sister or brother, or son or daughter, shall give notice in writing of such intention to the registrars or the ordinary of his county, not less than ten days nor more than sixty days prior to the primary or general election in which he may desire to participate."

Section 2. That section 34-3308 of the Code of Georgia of 1933 relating to vouchers signed by absentee voters, is hereby repealed and a new section is hereby inserted in lieu thereof, which new section shall read as follows:

"Section 34-3308. The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows:

This is to certify that the enclosed ballot was received by me from the registrars or the ordinary oL..------------------------County, State of Georgia. The envelope marked "ballot within" was opened by me in the presence of________________________postmaster, counsul or commissioned officer, of_______________________, marked while in the office, without assist-
ance or knowledge on the part of anyone as to manner in which same was prepared, and then and there sealed as provided by law.

Teste: -------------------------------- Date-------------------------------19........"

(Signed)------------------------

Section 3. 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 113, the nays 0.

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

SB 140. By Senator Ennis of the 20th district:
A bill to be entitled an act to amend section 54-205 of the 1933 Code so as to change the age of persons working in manufacturing establishments from 21 years to 18 years; and for other purposes.

MONDAY, MARCH 8, 1943

1073

The following amendment was read and adopted:
Mrs. Mankin of Fulton moves to amend SB 140 as follows: To strike from the bill the words "from sunrise until sunset" and insert in lieu thereof the words "between sunrise and sunset."
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 1.
The bill having received the requisite constitutional majority was passed as amended.
HB 302. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend the acts relating to certified public accountants; to provide for the qualification of accountants; and for other purposes.
The following amendments were read and adopted:
Mr. Elliott of Muscogee moves to amend HB 302 by striking the figures $25.00 where the same appear in the last sentence of section 1 and inserting in lieu therefor the figures $7.00.
Mr. Elliott of Muscogee moves to amend HB 302 by adding a sentence at the end of the first paragraph of the proposed new section 84-215 as follows:
"Any person otherwise qualified to make such application for registration who is a member of the armed forces of the United States on the date this act becomes effective may make such application within six months after the date of his honorable discharge from such service."
Mr. Key of Jasper moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HR 58-237C. By Mr. Burnside of McDuffie:
A resolution proposing an amendment to article 8, section 4, paragraph 1 of the Constitution with reference to the manner of consolidating local school districts; and for other purposes.
The following substitute was read and adopted:

1074

JOURNAL OF THE HOUSE,

By Mr. Burnside of McDuffie:
A RESOLUTION
To propose to the qualified voters of Georgia an amendment to article 8, section 4, paragraph I, of the Constitution of the State of Georgia {1933 Code, Section 2-6901), relating, among other things, to the consolidation of local school districts; so as to provide that where one school district voting on consolidation shall have outstanding any bonds and anther school district voting thereon has no outstanding bonds, a majority only of those voting in such district having such bonds shall he sufficient to carry such election in that particular district, while two-thirds of the qualified voters shall be required as to the district having no such outstanding bonds; and so as to provide that upon such consolidation, the consolidated district shall possess and retain any and all taxing powers that may have existed in either of such districts, but the levying of such tax shall apply to all property in any consolidated districts without any additional election therefor.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that paragraph 1, section 4, article 8, of the Constitution of the State of Georgia ( 1933 Code, Section 2-6901), relating, among other things, to the consolidation of local school districts, be and the same is hereby amended by adding at the end of said section the following:
"Provided further, that where one of such local school districts voting on consolidation shall have outstanding any bonds and another school district voting thereon has no outstanding bonds, a majority only of those voting in such district having such bonds shall be sufficient to carry such election in that particular district, while twothirds of the qualified voters shall be required as to the district having no such outstanding bonds; and upon such consolidation, the consolidated district shall posses. and retain any and all taxing powers that may have existed in either of such districts.. but the levying of such tax shall apply to all property in any consolidated districts without any additional election therefor.
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 8, section 4, paragraph I, of the Constitution providing for consolidation of local school districts where bonds have been voted," 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 8, section 4, paragraph 1, of the Constitution providing for consolidation of local school districts where bonds have been voted." And if a majority of the electors,

MONDAY, MARCH 8, 1943

1075

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 8, section 4, paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

Section 3. That all laws and parts of laws in conflict with this act be and they hereby repealed.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.

The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison Alwood Battles Barfield Bargeron Bennett Bentley Boynton Branch Broome Brunson Burnside Bynum Caldwell Campbell of Newton Cannon Cates Chance Cheshire Connell Copland Crummey Culpepper Curry Dalton Daves Deal Dorsett Dorsey

Drake Dukes Dunn Durden Dyal Easler Edwards Elliott Fortson Foster Gardner Gaskins Gaston Gavin Gholston Giddens Gillis Goldberg Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Harden Hardy Hart of Quitman Hart of Thomas Hartnss Hatchett Hefner

Herndon Hicks Hightower Hill of Troup Hogg Hooks Horne Hubert Hurst Jennings of Sumter Joiner Johns Johnson of Chattahoochee Johnson of Pike Jones Kelly of Walker Kendrick Key Littlejohn Looper Malone Mason Mavity McCamy McCracken McEntire Mcintosh McNall Medders Miller Minchew

1076

JOURNAL OF THE HOUSE,

Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Overby Pannell Park Parker Phillips Pirkle Powell

Price Pruitt Ray Reid Reynolds Riley Rossee Roughton Rountree Russell Salter Sharpe Sheppard Smith of Muscogee Smith of Oglethorpe

Those not voting were :

Anderson Baker Bates Boone Bowen Brewton Bridges Burton Campbell of Polk Clark Cowart Dallis DuPree Ennis Etheridge Ferguson Fisher Fussell Gilbert Gowen Graham Grayson

Hand Heard Hill of Clarke Holley Howard Jennings of Terrell Johnston Kelly of Thomas Knabb Livingston Mabry Mankin Martin Maund Mills Mims Moate Oliver Padgett Peck Pettit Porter

Sparks Strickland Sumner Swint Thomas Thrash Thurmond Warnock Weaver Welch Wells of Telfair Wilbankc of Habersham Williams of Harris Willoughby Wilson
Rees Riddlespurger Roper Rowland Sills Smiley Smith of Carroll Smith of Dougherty Smith of Washington Thigpen Thompson Turner Waller Wells of Ben Hill Whipple Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Woodruff Wright Yawn Mr. Speaker

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

On the adoption of the resolution, by substitute, the ayes were 139, the nays 0.

The resolution having received the requisite constitutional two-thirds majority was adopted, by substitute.

MONDAY, MARCH 8, 1943

1077

Mr. Burnside of McDuffie asked unanimous consent that HR 58-237C be immediately transmitted to the Senate and the consent was granted.

HB 240. By Messrs. Hicks and Littlejohn of Floyd:
A bill to be entitled an act to amend section 24-2728 of the Code of 1933 providing for the fees of clerks in counties having less than fifty thousand; and for other purposes.

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

On the passage of the bill, the ayes were 139, the nays 0.

The bill having received the requisite constitutional majority was passed.

HB 552. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:

A bill to be entitled an act to abolish the state examining boards, and to create in lieu thereof a state examining commission; and for other purposes.

The following amendment was read and adopted:

By Messrs. Roughton of Washington and Dorsey of Cobb:

Move to amend HB 552 by striking section 4 in its entirety and adding a new section to be known as section 4, to read as follows:

The members of the respective state examining commissions created-by this act shall be appointed by the Governor, with the approval of the secretary of state, and shall be confirmed by the Senate.

The terms of such members of said examining commissions created by this act shall expire December 31, 1946, concurrently with the Governor's term and thereafter members of said commissions and boards shall serve for terms of four years.

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

Mr. McCracken of Jefferson moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Alexander Allison Alwood Baker Barfield

Bargeron Bennett Bentley Boynton Branch Bridges

Broome Brunson Burnside Bynum Caldwell Campbell of Newton

1078

JOURNAL OF THE HOUSE,

Cannon Cates Cheshire Connell Cowart Crummey Curry Dalton Daves Deal Dorsett Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Foster Fussell Gardner Gaskins Gavin Gholston Giddens
Gillis Goldberg Gray Greene of Jones Greene of Schley Guerry Hagan Hand Harden Hardy Hart of Quitman

Hart of Thomas

Mixon

Hatchett

Moore of Baldwin

Hefner

Moore of Taliaferro

Herndon

Nicholson of Oconee

Hightower

Nicholson of Richmond

Hill of Clarke

Ogburn,

Hill of Troup

Overby

Hogg

Park

Horne

Parker

Hubert

Phillips

Hurst

Pirkle

Jennings of Sumter

Price

Joiner

Pruitt

Johns

Ray

Johnson of Chattahoochee Reid

Johnson of Pike

Reynolds

Jones

Riley

Kelly of Thomas

Rossee

Kelly of Walker

Roughton

Kendrick

Salter

Key

Sharpe

Littlejohn

Sheppard

Livingston

Smith of Oglethorpe

Looper

Sparks

Malone

Sumner

Mankin

Swint

Martin

Thomas

Mason

Thrash

Mavity

Thurmond

McCamy

Warnock

McCracken

Weaver

McEntire

Welch

McNall

Wells of Telfair

Medders

Wilbanks of Habersham

Mims

Williams of Harris

Minchew

Willoughby

Mitchell

Wilson

Those voting in the negative were:

Battles Boone Campbell of Polk Chance Copland Culpepper Edwards

Elliott Gaston Guyton Hartness Hooks Mcintosh Mills

Norman Pannell Rountree Smith of Muscogee Yawn

MONDAY, MARCH 8, 1943

1079

Those not voting were:

Anderson Bates Bowen Brewton Burton Clark Dallis Ennis Etheridge Ferguson Fisher Fortson Gilbert Gowen Graham Grayson Heard Hicks Holley

Howard Jennings of Terrell Johnston Knabb Mabry Maund Miller Moate Odom Oliver Padgett Peck Pettit Porter Powell Rees Riddles purger Roper Rowland

Russell Sills Smiley Smith of Carroll Smith of Dougherty Smith of Washington Strickland Thigpen Thompson Turner Waller Wells of Ben Hill Whipple Wilbanks of Cherokee Williams of Coffee Williams of Gwinnett Woodruff Wright Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 129, the nays 0.

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

HB 498. By Messrs. Thurmond of Hall, Jennings of Terrell, Mitchell of Monroe, Ray of Warren, Cheshire of Colquitt, Smith of Dougherty, Etheridge and Mrs. Mankin of Fulton, and Mrs. Guerry of Macon:
A bill to be entitled an act to promote public safety by regulating outdoor advertising; to regulate the erection of advertising structures; and for other purposes.

Mr. Thurmond of Hall moved that further consideration of HB 498 be postponed until Tuesday, March 9, 1943.

Mr. Roughton of Washington moved that HB 498 be indefinitely postponed.

Mr. Campbell of Newton moved that the House do now adjourn and the motion was lost.

On the motion to indefinitely postpone HB 498, Mr. Cannon of Rockdale moved the previous question, the motion prevailed and the main question was ordered.

On the motion to indefinitely postpone HB 498, the ayes were 31, the nays 74.

1080

JOURNAL OF THE HOUSE,

The motion to indefinitely postpone HB 498 was lost.
The motion of Mr. Thurmond of Hall to postpone further consideration of HB 498 until Tuesday March 9, 1943, prevailed.
Mr. Park: of Greene moved that the House do now adjourn until tomorrow morning at 10:00 o'clock: and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock.

TUESDAY, MARCH 9, 1943

1081

Representative Hall, Atlanta, Georgia,
Tuesday, March 9, 1943.
The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the Speaker Pro Tern., and opened with a 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. 2. First reading and reference of House bills and resolutions.
3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills.
6. Third reading and passage of uncontested local bills.
The following messages were received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the Senate, to wit:
SR 59. By Senators Foster of the 40th, Pittman of the 42nd and Ansley of the lOth: A joint resolution of the General Assembly, advising the state board of pardons and paroles of the .legislative intent in the creation of such board; and for other purposes.
The Senate has concurred in the House amendment to the Senate amendment to the following bill of the House, to wit:
HB 52. By Mr. Thigpen of Glascock: A bill to amend an act "to fix the amount of fees the sheriffs of this state shall be entitled to charge and collect for performance of official duties; and for other purposes.

1082

JOURNAL OF THE HOUSE,

The Senate has concurred in the House amendment to the following bill of the Senate, to wit:
SB 140. By Senator Ennis of the 20th:
A bill to amend section 54-205 of the Code of Georgia of 1933 relating to the hours of labor by all persons under 21 years of age in all manufacturing establishments or machine shops other than cotton and woolen manufacturing establishments; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the Senate, to wit:
SB 198. By Senators Atkinson of the 1st, Terrell of the 19th, and Newton of the 47th:
A bill to provide for the care of insane convicts at Milledgeville State Hospital; and for other purposes.
SB 215. By Senator Whitworth of the 38th:
A bill to provide additional regulations for the registration of voters in counties having certain populations; and for other purposes.
SB 219. By Senator Lester of the 18th:
A bill relating to the adoption of children; and for other purposes.
SB 189. By Senators Arnall of the 36th, and Arnold of the 26th:
A bill to amend section 75-412 of the Code of 1933, which provides the nature of the firm name under which a limited partnership shall be conducted by providing for the use of the word "company"; and for other purposes.
The Senate insists on its pos1t10n on the following bill of the House, to wit, and respectfully asks that a committee of conference be appointed:
HB 67. By Messrs. Deal and Brunson of Bulloch and others:
A bill to fix the salary of the deputy insurance commissioner of Georgia; and for other purposes.
The President has appointed as a committee of conference on the part of the Senate Senators Lesters of the 18th, Williams of the 5th and Millican of the 52nd.
The Senate has agreed to the conference committee report on the following bill of the House, to wit:
H.B 174. By Dr. Deal and Mr. Brunson of Bulloch:
A bill to amend an act entitled "an act to provide for exemption of taxation to the owner of personal property." ... providing that the date for the filing

TUESDAY, MARCH 9, 1943

1083

of the application for exemption shall be changed from April 1st to May 1st of the year in which exemption from taxation is sought; and for othei' purposes.
The Senate has agreed to the House substitute to the following bill of the Senate, .to wit:
SB 125. By Senators Kaigler of the 12th and Pope of the 7th:
A bill to be entitled an act providing where a vacancy in the office of sheriff occurs because of entrance in the armed forces the Governor shall fill the vacancy for the unexpired term, or until the former sheriff is mustered out of service; and for other purposes.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to committees:
HB 639. By Messrs. Etheridge, Kendrick: and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the civil service act of the City of Atlanta to provide the department head may file charges for inefficiency or misconduct; and for other purposes.
Referred to Committee on Municipal Government.
HB 640. By Mr. Odom of Baker:
A bill to be entitled an act to provide that the comm1ss1oners of Baker county shall be elected from their respective districts and not by a countywide vote; and for other purposes.
Referred to Committee on Counties and County Matters.
HB 641. By Messrs. Howard of Long, Smiley of Liberty and Dukes of Bryan:
A bill to be entitled an act to amend section 26-3601 of the Code of Georgia by striking from said section the word January and substituting the word December; and for other purposes.
Referred to Committee on Conservation.
HR 159-641A. By Mr. Weaver of Bibb:
A resolution to authorize the state game and fish comm1ss1on to deed to the donor 16.5 acres of land in Bibb county because of abandonment of the property for the purposes for which deeded; and for other purposes.
Referred to Committee on Game and Fish.
HB 642. By Messrs. Mixon of Irwin, Phillips of Columbia, Dorsey of Cobb, Burnside of McDuffie, McCracken of Jefferson and Hand of Mitchell:

1084

JOURNAL OF THE HOUSE,

A bill to be entitled an act to extend the powers of the public service commission to give them power to regulate air traffic and air transportation lines; to regulate the charges for transportation of passengers and freight by air lines; and for other purposes.
Referred to Committee on Aviation.
HR 160-642A. By Messrs. Durden of Dougherty and Key of Jasper:
A resolution proposing an amendment to article 7, of the Constitution of Georgia to provide that the powers of taxation may be exercised through the General Assembly and by counties and municipalities for the purpose of paying pensions to teachers; and for other purposes.
Referred to Committee on State of Republic.
Mr. Hogg of Marion County, Vice-Chairman of the Committee on Amendments to Constitution No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution 'No. 1 have had under consideration the following resolution of the Senate and have instructed me as ViceChairman, to report the same back to the House with the following recommendations:
SR 42. Do Pass.
Respectfully submitted,
Hogg of Marion, Vice-Chairman.
Mr. Welsch of Cobb County, Chairman of the Committee on Amendments ta Constitution No. 2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution No. 2 have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 180. Do Pass.
Respectfully submitted,
Welsch of Cobb, Chairman.
Mr. Miller of Lanier 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 fol-

TUESDAY, MARCH 9, 1943

1085

lowing bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 171. Do Pass. SB 107. Do Pass. SB 200. Do Pass. SB 202. Do Pass.
Respectfully submitted, Miller of Lanier, Chairman.

Mr. Cowart of Lowndes County, Vice-Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker: Y~ur Committee on Counties and County Matters have had under consideration
the following bills of the House and have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 629. Do Pass.
HB 630. Do Pass.
Respectfully submitted,
Cowart of Lowndes, Vice-Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and
ready for transmission to the Senate the following bills and resolutions of the House, to wit:
HB 240.
HB 302. HB 335. HB 424. HB 544.
HB 545.

1086

JOURNAL OF THE HOUSE,

HB 609. HB 614. HB 615.

HB 618.

HB 621. HB 622.

HR 58.

HR 118.

HR 126.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Gillis of Treutlen County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:

Mr. Speaker:

Your Committee on General Agriculture No. 2 have had under consideration the following bills 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:

HB 619. Do Pass.

SB 170. Do Pass. SR 57. Do Pass.

Respectfully submitted,

Gillis of Treutlen, Chairman.

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. Speaker:

Your Committee on General Judiciary No. 1 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 188. Do Not Pass.

Mixon of Irwin, Chairman.

TUESDAY, MARCH 9, 1943

1087

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. Speaker :
Your Committee on General Judiciary No. 1 have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 155-623B. Do Pass.
Respectfully submitted,
Mixon of Irwin, Chairman.

Mr. Daves of Dooly 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 recommendations:

HB 613. Do Not Pass.

Daves of Dooly, Chairman.

Mr. Allison of Gwinnett 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:

HB 628. Do Pass.

HB 631. Do Pass.

HB 635. Do Pass.

Allison of Gwinnett, Chairman.

Mr. Phillips of Columbia County, Chairman of the Committee on Insurance, submitted the following report:

1088

JOURNAL OF THE HOUSE,

Mr. Speaker: Your Committee on Insurance 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:
SB 169. Do Pass.
SB 138. Do Not Pass.
HB 412. Do Not Pass.
HB 106. Do Pass by Substitute. Respectfully submitted, Phillips of Columbia, Chairman.

Mr. Price of Clarke County, Chairman of the Committee on Public Libraries, submitted the following report:
Mr. Speaker:
Your Committee on Public Libraries have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 158-631B. Do Pass.
Respectfully submitted,
Price of Clarke, Chairman.

Mr. Rountree of Emanuel County, Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker:
Your Committee on Public Property 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:
HB 636. Do Pass.
HB 637. Do Pass.
Respectfully submitted,
Rountree of Emanuel, Chairman.

TUESDAY, MARCH 9, 1943

1089

Mr. Ennis of Baldwin County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations have had under consideration the following resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 152-612A. Do Not Pass.
HR 153-615A. Do Pass.
HR 154-623A. Do Pass.
Respectfully submitted,
Ennis of Baldwin, Chairman.

Mr. McCracken of Jefferson 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 resolutions of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 145. Do Pass.
SR 63. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:

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:

HB 623. Do Pass.

HB 633. Do Pass.

Respectfully submitted,
McCracken of Jefferson, Chairman.

1090

JOURNAL OF THE HOUSE,

Mr. Burnside of McDuffie County, Chairman of the Committee on Ways and Means, submitted the following report: Mr. Speaker:
Your Committee on Ways and Means have had under consideration the following bills and resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 185. Do Pass SB 118. Do Pass. SR 43. Do Pass. HB 393. Do Pass. HB 634. Do Pass. HR 157-631A. Do Pass. HB 562. Do Pass. HB 397. Do Pass. HB 423. Do Pass by Substitute. HR 99-432A. Do Not Pass. HB 310. Do Not Pass. HR l56-627A, Do Not Pass. HB 311. Do Not Pass. HB 523. Do Not Pass. HB 263. Do Not Pass. HB 596. Do Pass by Substitute.
Respectfully submitted, Burnside of McDuffie, Chairman.

By unanimous consent, the following bills and resolutions of the House and Senate favorably reported, were read the second time:
HB 106. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to amend the Code of 1933, by repealing section 56-703, and substituting a new section to provide that the insured shall recover the full amount of insurance stated in fire insurance policies in case of total loss; and for other purposes.

TUESDAY, MARCH 9, 1943

1091

HB 619. By Mr. Reynolds of Clayton:
A bill to be entitled an act to provide the amount of flour, grits or corn meal that may be packed in sacks for sale in this state; and for other purposes.
HB 628. By Mr. Connell of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta so as to extend the corporate limits; and for other purposes.
HB 629. By Mr. Yawn of Dodge:
A bill to be entitled an act to require the Commissioner of Dodge county to publish a list of voters registered to vote in primary elections ten days prior to each election, and to publish a list of those voting in such primary elections within ten days after the consolidation of the votes; and for other purposes.
HB 630. By Messrs. Jennings and Mabry of Sumter:
A bill to be entitled an act to provide for fishing with hook and line, rod and reel, and fly rod twelve months out of each year in the County of Sumter; and for other purposes.
HB 631. By Mr. Hartness of Fannin:
A bill to be entitled an act to amend the charter of the Town of Mineral Bluff and reincorporate said town as the "City of Mineral Bluff"; and for other purposes.
HB 635. By Messrs. Thurmond and Roper of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville relative to pensions to provide the retirement pay shall be determined by averaging the rate of pay received over the full period of employment; and for other purposes.
HB 636. By Messrs. Rountree of Emanuel, Connell of Lowndes, Durden of Dougherty and Hand of Mitchell:
A bill to be entitled an act to create the "Mansion Site Lease Commission"; to authorize the commission to execute a lease contract with the Henry Grady Hotel Company; providing for the extension of existing lease on the state's property on Peachtree, Cain and Spring streets; and for other purposes.
HB 637. By Messrs. Connell of Lowndes and Rountree of Emanuel:
A bill to be entitled an act to amend the act approved March 21, 1939
(Ga. Laws 1939, pp. 394-399) by striking section 5 of said act authorizing

1092

JOURNAL OF THE HOUSE,

the commission to extend existing leases on state property formerly known as the "Mansion Property"; and by striking section SA from said act; and for other purposes.
HB 393. By Mrs. Mankin of Fulton:
A bill to be entitled an act to repeal the act approved March 15, 1935, amending Code section 84-2011; to amend Code se.ction 84-2011 to allow discharged soldiers or sailors to conduct certain business without paying a license fee; and for other purposes.
HB 397. By Mr. Hogg of Marion:
A bill to be entitled an act to amend the general tax act of 1935 relative to cars operating for hire by striking the provision limiting the total tax for each place of business to not exceed $500.00; and for other purposes.
HB 423. By Messrs. Riley of Peach and Key of Jasper:
A bill to be entitled an act to provide that and county tax collector may appoint deputies to assist in the performance of the duties of his office; and for other purposes.
HB 562. By Mr. Smith of Dougherty:
A bill to be entitled an act to provide that tax returns of pipe lines transporting petroleum or petroleum products shall be made to the state revenue commissioner as now provided for public utilities; and for other purposes.
HB 596. By Mr. Smith of Dougherty:
A bill to be entitled an act to amend the motor fuel tax law by striking subparagraph 3 of paragraph D of section 92-1403, which exempted the Federal Government from paying motor fuel tax ; and for other purposes
HB 632. By Messrs. Campbell of Newton, Durden of Dougherty, McCracken of Jefferson, Miller of Lanier and Hand of Mitchell:
A bill to be entitled an act to amend section 77-207 of the Code of Georgia by providing that it shall be lawful for the prison commission, state highway department, counties or any other agency having charge of convicts to hire such convicts to farmers for farm labor during the present crisis; and for other purposes.
HB 633. By Messrs. Durden of Dougherty, Connell of Lowndes, McCracken of Jefferson, Miller of Lanier, Phillips of Columbia, Rossee of Putnam, Burnside of McDuffie and Hand of Mitchell:
A bill to be entitled an act to create the Rhodes property commission; to authorize the commission to exchange the Rhodes Memorial Hall property to the Rhodes estate for property on the east side of Capitol avenue; and for other purposes.

TUESDAY, MARCH 9, 1943

1093

HB 634. By Messrs. Johns of Brantley, Hightower of Spalding and Nicholson of Oconee.

A bill to be entitled an act to amend section 84-2011 of the Code of Georgia by repealing said section and substituting a new section to provide for veterans or blind persons to peddle or conduct business without a license, and excluding certain businesses; and for other purposes.

HR 153-615A. By Messrs. Ennis and Moore of Baldwin:

A resolution to appropriate $12,900.30 to pay the City of Milledgeville for

paving around Old Capitol Square and the state's Jarrett Springs reserva-

tion; and for other purposes.



HR 155-623B. By Messrs. Gardner of Mitchell, Durden of Dougherty and McCracken of Jefferson:

A resolution opposing liquidation of the Home Owners' Loan Corporation, and memorializing Congress not to allow liquidation at this time; and for other purposes.

HR 158-631B. By Mr. Smith of Oglethorpe:

A resolution to authorize the state librarian to furnish a complete set of Georgia reports and court of appeals reports to the ordinary of Oglethorpe county; and for other purposes.

SB 145. By Senators Gross of the 31st, Atkinson of the lst, Pope of the 7th, Lester of the 18th, Raynor of the 4th, Forester of the 44th and Dean of the 34th districts:

A bill to be entitled an act to amend existing laws relative to general election to provide for a general election to be known as the August general election, to be held biennially on Tuesday after the first Monday in August, beginning in 1943; and for other purposes.

SB 169. By Senator Gross of the 31st district:
A bill to be entitled an act to amend, revise and codify the laws of this state governing fraternal benefit societies; and for other purposes.

SB 170. By Senator Oden of the 46th district:
A bill to be entitled an act to provide that all powers, duties and functions previously performed by the state entomologist shall be vested in the director of entomology; and for other purposes.

SR 42. By Senators Lester of the 18th, Oden of the 46th, Millican of the 52nd and Ennis of the 20th districts:
A resolution proposing an amendment to article 5 of the Constitution to
provide for a board of directors of eleemosynary institutions; and for other purposes.

1094

JOURNAL OF THE HOUSE,

SR 57. By Senators Atkinson of the 1st and iWlliams of the 5th districts:
A resolution memorializing Congress to direct the board of United States engineers, or some other public authority, to investigate and study the
feasibility, practicability and financial justification for creating a comprehensive marketing system for the agriculture products of the United States; and for other purposes.
SR 63. By Senators Gross of the 31st, Atkinson of the 1st, Terrell of the 19th, Harrison of the 17th, Bloodworth of the 22nd, Ennis of the 20th, Lester of the 18th, Foster of the 40th, Millican of the 52nd, Ansley of the lOth, Williams of the 5th, Simmons of the 8th and Estes of the 35th districts:
A resolution providing for the appointment of a committee to draft a new Constitution for the State of Georgia; and for other purposes.
HR 154-623A. By Mr. Curry of Randolph:
A resolution appropriating $343.00 to pay Dr. J. C. Patterson, of Cuthbert, for treating Willie Bell and William J. Allen, who were injured while working for the state highway department; and for other purposes.
HR 157-631A. By Messrs. Harris of Richmond and Durden of Dougherty:
A resolution to authorize the revenue commissioner to order the use of stamps, labels, or other indication of payment of tax on malt beverages due to shortage of material used for crowns and !ide; and for other purposes.
SB 107. By Senators Estes of the 35th and Arnold of the 26th districts:
A bill to be entitled an act to raise the salaries of examiners and clerks of the state banking department; and for other purposes.
SB 118. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Bloodworth of the 23rd, Millican of the 52nd, Forester of the 44th and Kaigler of the 12th districts:
A bill to be entitled an act to provide the manner persons in the armed forces of the United States may file exemptions of homesteads from taxations; and for other purposes.
SB 171. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend title 25, chapter 25-1 of the Code of 1933 to provide credit unions shall pay the state banking department the same fees for examinations as banks, and shall pay the same taxes provided for other property held by individuals; and for other purposes.
SB 180. By Senators Eubank of the 29th, Atkinson of the 1st, Harrison of the 17th and Pope of the 7th districts:
A bill to be entitled an act proposing an amendment to article 4, section 2,

TUESDAY, MARCH 9, 1943

1095

of the Constitution, to provide for the public service commission, its membership, election, terms of office, powers and duties; and for other purposes.
SB 185. By Senator Millican of the 52nd district:
A bill to be entitled an act to provide that tax returns of pipe lines transporting petroleum or petroleum products shall be made to the state revenue commissioner as now provided for public utilities; and for other purposes.
SB 200. By Senator Lovett of the 16th district:
A bill to be entitled an act to amend section 13-401 by adding a new section to be known as section 13-401-A to provide that bank examiners in making examinations of banks shall verify eighteen or more individual deposit accounts by sending statements of balances direct to individual depositors and requesting return of verification; and for other purposes.
SB 202. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking law to provide bank examiners shall interview the directors or a committee of directors ; to provide the examiner shall call the directors attention to any violation of the banking laws; to provide for written reports by the examiner's report of matters called to the attention of the directors; to provide the directors shall report what action they take to the superintendent of banks; and for other purposes.
SR 43. By Senator Atkinson of the 1st district:
A resolution ratifying the action of Former Governor Eugene Talmadge of executive order issued April 11, 1941, suspending collection of threefourths of the tax levied on dance halls for the years 1941 and 1942; and for other purposes.
By unanimous consent, the following bills of the Senate were read the first time, and referred to the committees:
SB 210. By Senator Harrison of the 17th district:
A bill to be entitled an act to establish the city court of Millen; to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and other officers thereof; and for other purposes.
Referred to Committee on Special Judiciary.
SB 211. By Senator Millican of the 52nd district:
A bill to be entitled an act to regulate the sale of admission tickets to athletic contests of the colleges in the university system of Georgia; to provide that no ticket shall be sold for more than the amount printed on the face of the ticket; to provide that said tickets may be sold only at the places

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JOURNAL OF THE HOUSE,

_and in the manner designated by the proper athletic authorities of the college issuing said ticket ; and for other purposes.
Referred to Committee on University of Georgia.
SB 212. By Senator Gross of the 31st district:
A bill to" be entitled an act to provide for the holding of four terms each year of Stephens superior court, to provide for grand jury terms, to prescribe and fix the time for holding the same; and for other purposes.
Referred to Committee on Special Judiciary.
SB 216. By Senator Shannon of the 21st district:
A bill to be entitled an act to authorize and direct the ordinaries and county treasurers in and/or other proper officers in counties of not more than nine thousand one hundred and twenty and not less than nine thousand one hundred and ten according to the federal census of 1940 and all future federal census; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 217. By Senator Shannon of the 21st district:
A bill to be entitled an act to apply to all counties of this state having a population of not less than 9,110 and not more than 9,120 according to the official U. S. census; to provide that in all such counties a new schedule of commission he paid tax commissioners; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 189. By Senators Arnall of the 36th and Arnold of the 26th districts:
A bill to be entitled an act to amend section 75-412 of the Code of 1933, by providing for the use of the word "company", or other general terms to denote special partners; for the use of trade names; for the registration of such firm name; and for other purposes.
Referred to Committee on General Judiciary No. l.
SB 198. By Senators Atkinson of the 1st, Terrell of the 19th and Newton of the 47th districts:
A bill to be entitled an act o repeal section 77-401 of the Code of 1933 and substitute a new section providing the insane convicts shall he removed to the Milledgeville state hospital during the term for which sentenced, or until cured; and for other purposes.
Referred to Committee on Penitentiary.
SB 215. By Senator Whitworth of the 38th district: A bill to be entitled an act to provide additional regulations for the registra-

TUESDAY, MARCH 9, 1943

1097

tion of voters in counties having a population of not less than 12,800 and not more than 12,900; to provide new registration books and for the reregistering of all voters; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 219. By Senator Lester of the 18th district:
A bill to be entitled an act to amend chapter 74-4 of the Code of 1933 as amended by an act approved March 27, 1941, entitled "Adoption of Children", and the amendment of 1941 being entitled "Adoption Laws Revised", by amending section 2 of the amendment of 1941 by striking the words "Resident of this State"; and for other purposes.
Referred to Committee on General Judiciary No. 2.
SR 59. By Senators Foster of the 40th, Pittman of the 42nd and Ansley of the lOth districts:
A resolution of the General Assembly, advising the state board of pardons and paroles of the legislative intent in the creation of such board; and for other purposes.
Referred to Committee on Penitentiary.
Mr. Hagan of Screven gave notice that at the proper time he would move that the committee of the House having the following bill of the Senate in its possession, report the same back to the House:
SB 105. By Senator Harrison of the 17th district:
A bill to be entitled an act to provide a certified shorthand reporters law; to provide a board of examiners and certificates; and for other purposes.
By unanimous consent, the following bills of the House were taken up for consideration, read th~ third time and placed upon their passage:
HB 623. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to be entitled an act to fix the salaries and compensation of certain officers and deputies of the municipal court 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 bills, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 624. By Mr. Hagan of Screven: A bill to be entitled an act to abolish the county treasurer of Screven county and to create a county depository; and for other purposes.

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JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
. The bill having received the requisite constitutional majority was passed.
HB 625. By Mr. Hagan of Screven:
A bill to be entitled an act to fix the compensation of the treasurer of Screven county, providing for a referendum, submitting this act to the voters; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 626. By Mr. Norman of Henry:
A bill to be entitled an act to abolish the city court of the County of Henry and transfer all pending matters to the superior 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, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HB 498. Regulating outdoor advertising.
2. HB 468. Regulating the operation of dance halls and road houses. (Applying to Ben Hill county.)
3. HR 117-502A. Constitutional amendment of school taxes. 4. HB 231. County lines. 5. HB 281. Abolishing fee system-Northeastern circuit.
6. HB 616. Fix salary of assistant solicitor general in certain counties.

TUESDAY, MARCH 9, 1943

1099

7. HB 617. Appointment assistant solicitor general-certain counties. (Richmond County.)
9. HB 620. Court cost. 10. HB 577. Burning woods. 11. HR 146-600A. Constitutional amendment-preference to veterans. 12. HB 340. Prevent discrimination against illegitimates. 13. SB 39. Mortgage foreclosure. 14. HB 181. Eligibility for judge emeritus. 15. HB 535. Justice of peace reports. 16. HB 606. Making state subject to workmen's compensation. 17. HR ll8-511A. Relating to textile and paper shipping bags. 18. HB 424. Relating to ex-officio notary public. 19. HR 92-430A. Relating to divorce suits. 20. HB 215. Annual reports of county school superintendents. 21. HB 297. Relating to insurance companies. 22. HB 142. Repeal Code section 92-512. 23. HB 578. Soldiers voting by, mail. 24. HB 242. Creating state farm board. 25. HR 504. Relating to parks for growing food. 26. SB 166. Providing for free lunches for children. 27. HR 52-217B. Relating to poll tax. 28. HB 158. Fiscal reports of counties and municipalities. 29. HB 239. Stamp tax bill. 30. HB 554. Civilian defense. 31. HB 194. Anti-rabies. 32. HB 222. Relating to consolidation of city and county health department. 33. HB 275. Admission to the bar. 34. HB 584. Constitutional amendment-DeKalb county. 35. HB 627. Henry county superior court.

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JOURNAL OF THE HOUSE,

The Speaker is authorized to call these l>ills in the order as he sees fit, and to add to the calendar any general bills with local appl!_cation.
Durden of Dougherty, Vice-Chairman.

Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

HB 498. By Messrs. Thurmond of Hall, Jennings of Terrell, Mitchell of Monroe, Cheshire of Colquitt, Ray of Warren, Smith of Dougherty, Etheridge of Fulton, and Mesdames Mankin of Fulton and Guerry of Macon:

A bill to be entitled an act to regulate outdoor advertising in the interest of public safety; and for other purposes.

The following amendments were read and adopted:

Mr. Reynolds of Clayton moves to amend HB 498 by striking the word "five" in line six of section 2 of said act and substituting the word "three" in lieu thereof.
Mr. Bynum of Rabun moves to amend HB 498 by inserting in an appropriate place and section the following words: "That the terms of this act shall not apply to any road or highway, except state aid and federal highways."

Mr. Hagan of Screven moves to amend HB 498 as follows: Substitute the words "three years" for the words "twelve months" everywhere such words appear in section six.
Mr. Mavity of Walker moved the previous question, the motion prevailed and the main question was ordered.

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

Mrs. Mankin of Fulton moved the ayes and nays and the call was sustained. The roll call was ordered and the vote was as follows: Those voting in the affirmative were:

Allison Barfield Bennett Boynton Branch Brunson Bynum Caldl\'ell Campbell of Newton

Cannon Cheshire Curry Dallis Deal Dorsey Dunn Etheridge Ferguson

Fisher Fortson Foster Gholston Gilbert Gillis Goldberg Greene of Schley Guerry

TUESDAY, MARCH 9, 1943

llOl

Guyton Hagan Harden Hart of Thomas Hatchett Heard Hill of Troup Hubert Jennings of Terrell Johns Key Knabb Mankin McCamy

McEntire Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Odom Overby Peck Porter Pruitt Ray Reid

Those voting in the negative were:

Adams Alexander Alwood Baker Bates Battles Bentley Boone Bridges Burton Campbell of Polk Cates Chance Clark Connell Copland Cowart Culpepper Dalton Daves Drake Dukes DuPree Durden Dyal Edwards Elliott Fussell Gaskins

Gavin Giddens Gowen Gray Grayson Greene of Jones Hardy Hart of Quitman Herndon Hightower Hooks Horne Howard Hurst Joiner Johnson of Pike Johnston Jones Kendrick Littlejohn Looper Mason Martin Mavity Maund Malone Mcintosh McNall

Reynolds Riley Rossee Sheppard Swint Thrash Thurmond Waller Whipple Wilbanks of Cherokee Williams of Gwinnett Williams of Harris Woodruff
Medders Miller Mims Minchew Moate Norman Ogburn Park Parker Pettit Powell Roper Roughton Rountree Russell Sharpe Smiley Smith of Washington Sparks Sumner Thompson Weaver \Veils of Telfair Wilbanks of Habersha~r Williams of Coffee Willoughby Wilson Yawn



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JOURNAL OF THE HOUSE,

Those not voting were:

Anderson Bargeron Bowen Brewton Broome Burnside Crummey Dorsett Easler Ennis Gardner Gaston Graham Hand Hartness Hefner Hicks

Hill of Clarke

Rees

Hogg

Riddlespurger

Holley

Rowland

Jennings of Sumter

Salter

Johnson of Chattahoochee Sills

Kelly of Thomas

Smith of Carroll

Kelly of Walker

Smith of Dougherty

Livingston

Smith of Muscogee

Mabry

Smith of Oglethorpe

McCracken

Strickland

Mills

Thigpen

Oliver

Turner

Padgett

Warnock

Pannell

Welch

Phillips

Wells of Ben Hill

Pirkle

Wright

Price

Mr. Speaker

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

An the passage of the bill, as amended, the ayes were 68, the nays 86.

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

Mr. Medders of Bacon moved that the following bill of the House be taken from the table:

HB 358. By Messrs. Medders of Bacon, Oliver of Tattnall, Williams of Coffee, Gaskins of Berrien, and Fisher of Jeff Davis:
A bill to be entitled an act to regulate the operation of tobacco warehouses; and for other purposes.

On the motion to take HB 358 from the table, Mr. Medders of Bacon moved the ayes and nays and the call was not sustained.
On the motion to take HB 358 from the table, the ayes were 24, the nays 101.
The motion was lost and HB 358 remained on the table.
The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 495. By Mr. Boynton of Union:
A bill to be entitled an act to amend the charter of the Town of Blairsville, Union county, Georgia; and for other purposes.
The following Senate amendment was read:



TUESDAY, MARCH 9, 1943

1103

Senator Foster of the 40th district moves to amend HB 495 by striking the word "lVIarch" in the second line of section 6 and inserting in lieu thereof the word "May"; and by striking the word "March" wherever the same appears in said bill and substituting in lieu thereof the word "May".
Mr Boynton of Union moved that the House adopt the Senate amendment to HB 495.
On the motion to adopt the Senate amendment to HB 495, the ayes were 111, the nays 0.
The motion prevailed and the Senate amendment to HB 495 was adopted.
HB 205. By Mrs. Guerry of Macon and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend section 49-103 of the 1933 Code entitled testamentary guardian; appointment, bond and dismissal; and for other purposes.
The following Senate amendment was read:
The Senate Committee on General Judiciary No. 1 moves to amend HB 205 by adding the following after the word Ordinary in the last line of section 1 : "Provided, however, that if one of the parents be dead, the surviving parent may, by will appoint guardian for the person of his or her minor children."
Mrs Mankin of Fulton moved that the House adopt the Senate amendment to HB 205.
On the motion to adopt the Senate amendment to HB 205, the ayes were 106, the nays 0.
The motion prevailed and the Senate amendment to HB 205 was adopted.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 468. By Mr. Wells of Ben Hill:
A bill to be entitled an act to regulate the operation of dance halls, road houses, tourist camps, etc., in certain counties; and for other purposes.
The following amendment was read and adopted:
Mr. Dyal of Appling moves to amend HB 468 by striking the words and figures "fourteen thousand five hundred twenty (14,520)" wherever they appear in said bill and inserting in lieu thereof the words and figures "fourteen thousand four hundred ninety (14,490) ".
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 111, the nays 0.

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JOURNAL OF THE HOUSE,

The bill having received the requisite constitutional majority was passed, as amended.
HB 627. By Mr. Norman of Henry:
A bill to be entitled an act to provide for the holding of three terms in each year of the superior court of Henry county, to provide for the holding of 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 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 616. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to be entitled an act to provide for an assistant socicitor general of the superior court of Richmond county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 617. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to be entitled an act to provide for an assistant solicitor of the city court 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 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
HR 117-502-A. By Mr. McCamy of Whitfield:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to paragraph 1, section 4 of article 8 of the Constitution of Georgia as set forth and codified in section 2-6901 of the Code of 1933 by striking from -line 8 of said paragraph the word "five" and by inserting in lieu thereof the word "ten", so as to provide that the proper county authorities whose dutiy it is to levy taxes for county purposes in this state shall on the recommendation of the board of education assess and collect taxes for the support of public schools under its control not less than one nor more than ten mills on the dollar of all taxable property of the

TUESDAY, MARCH 9, 1943

1105

county outside of independent local school systems; to provide for the submission of the amendment for ratification by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That paragraph 1, section 4, article 8 of the Constitution of Georgia as set forth and codified in section 2-6901 of the Code of 1933 be and the same is hereby amended by striking from line 8 of said paragraph the word "five" and by inserting in lieu thereof the word "ten" so that said paragraph 1, section 4 of article 8 of the Constitution when so amended shall give the proper county authorities whose duty it is to levy taxes for county purposes in this state power and authority on the recommendation of the board of education to assess and collect taxes for the support of public schools under its control not less than one or more than ten mills on the dollar of all taxable property of the county outside of independent local systems.
Section 2. That when this amendment shall be agreed to by a two-thirds vote of the members elected to each House it shall be entered upon the journals of each House with the ayes and nays thereon and shall be published in one or more newspapers in each Congressional district in the state for two months previous to the time for holding the next general election to be held in and for the State of Georgia, and at said next general election shall 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, "For ratification of amendment to paragraph 1, section 4, article 8 of the Constitution of Georgia providing for the levy and assessment of not less than one nor more than ten mills for county school purposes". And all persons opposed to the adoption of said amendment shall have writteri or printed on their ballots the words, "Against ratification of amendment to paragraph 1, section 4, article 8 of the Constitution of Georgia providing for the levy and assessment of taxes at not less than one nor more than t~n mills for county school purposes." If the majority of electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof when the returns shall be consolidated as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the .results by publication of the results of said election by one insertion in one of the daily papers of this state declaring the amendment ratified, and upon said proclamation declaring said amendment ratified the proper county authorities whose duty it is to levy taxes for county purposes in this state shall have power and authority on the recommendation of the board of education to assess and collect taxes for the support of public schools under its control of an amount not less than one nor more than ten mills on the dollar of all taxable property of the county outside of independent local systems.
The following substitute was read:

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JOURNAL OF THE HOUSE,

A RESOLUTION
Proposing to the qualified voters of Georgia for ratification or rejection an amendment to the Constitution of the State of Georgia authorizing the board of education of Whitfield county to levy a county-wide school tax not exceeding five mills, in addition to the five mills now authorized by law; to provide for the submission of this amendment for ratification; to provide a county-wide election for making the amendment mandatory; and for other purposes
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That article 8, section 4, paragraph 1 of the Constitution of Georgie, as heretofore amended, shall be further amended by adding at the end thereof a new paragraph as follows, to wit:
"The board of education of Whitfield county is hereby authorized to recommend to the tax levying authority of said county, and said authority is authorized and directed, upon such recommendation, to levy for educational purposes a tax not exceeding five mills on all taxable property within said county, outside of independent local school systems, said tax to be in addition to the five mills school tax now authorized by law. Provided, however, that this additional levy shall not be made, or the provisions of this amendment made effective, until the same shall have been ratified by the voters of Whitfield county at an election called and held after statewide ratification of this amendment, in accordance with the following provisions:
Upon the request of the board of education of the county, it shall be the duty of the ordinary to order an election not earlier than thirty days, not later than sixty days, notice of which election shall be published in four weekly issues of the county newspaper in which legal advertisements are published. Said election shall be held as ordinary county elections are held. Those favoring the putting into effect of the amendment shall vote "for additional county-wide school tax" and those opposed shall vote "against additional county-wide school tax". The returns of said election shall be made by the ordinary of the county, who shall declare the result of the election, and a majority vote of those voting shall be necessary to carry said election for additional county-wide taxation for public schools."
Section 2. That when this amendment shall be agreed to by a two-thirds vote of the members elected to each House it shall be entered upon the journals of each House with the ayes and nays thereon and shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election to be held in and for the State of Georgia, and at said next general election shall 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, "for amendment to authorize Whitfield County, Georgia, to levy additional school tax", 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 authorize Whitfield County, Georgia to levy additional school tax". If the majority of electors

TUESDAY, MARCH 9, 1943

1107

qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof when the returns shall be consolidated as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the results by publication of the results of said election by one insertion in one of the daily papers of this State declaring the amendment ratified, and upon said proclamation declaring the amendment ratified, and the same shall become a part of Article 8, Section 4, Paragraph 1, of the Constitution of Georgia and the Governor shall issue his proclamation to that effect as provided by law.

The following amendment to the substitute was read and adopted:

Mr. McCamy of Whitfield moves to amend the substitute for House Resolution No. 117-502A by adding at the end of Section 1 thereof the following: "Provided, further, that the additional county-wide levy, if authorized by the voters of said county at the election provided, shall be levied for only such time as shall be necessary to retire the existing and present outstanding indebtedness of the Board of Education of said county, or the indebtedness outstanding at the time of the taking effect of this amendment, which ever amount is the greater."

By unanimous consent, the substitute as amended, was adopted.

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

The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alwood Bennett Brunson Cates Cheshire Clark Connell Cowart Curry Daves Deal Dukes Durden Ennis Etheridge Fortson

Foster

McCracken

Fussell

Miller

Gardner

Mitchell

Giddens

Mixon

Gilbert

Moore of Baldwin

Graham

Nicholson of Oconee

Harden

Park

Heard

Peck

Howard

Ray

Hurst

Reynolds

Joiner

Rossee

Johnson of Chattahoochee Smiley

Kendrick

Strickland

Key

Sumner

Martin

Thurmond

McCamy

Wells of Ben Hill

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JOURNAL OF THE HOUSE,

Those voting in the negative were:

Anderson Baker Bates Battles Barfield Bentley Branch Bridges Broome Bynum Campbell of Newton Campbell of Polk Chance Copland Dorsett DuPree Dyal Easler Edwards Fisher Gaskins Gavin Gholston Greene of Schley Guyton Hart of Quitman Hardy

Hart of Thomas Hatchett Herndon Hightower Hill of Troup Hooks Horne Hubert Jennings of Terrell Johns Johnson of Pike Johnston Jones Kelly of Thomas Littlejohn Livingston Malone Mason Maund McEntire Mcintosh Mills Mims Minchew Moate Overby

Those not voting were:

Adams Alexander Allison Bargeron Boone Bowen Boynton Brewton Burnside Burton Caldwell Cannon Crummey Culpepper Dallis

Dalton Dorsey Drake Dunn Elliott Ferguson Gaston Gillis Goldberg Gowen Gray Grayson Greene of Jones Hagan Hartness

Parker Pettit Pirkle Porter Pruitt Reid Riley Rountree Russell Sheppard Sparks Swint Thomas Thompson Thrash Waller Warnock Weaver Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris Wilson Woodruff
Hefner Hicks Hill of Clarke Hogg Holley Jennings of Sumter Kelly of Walker Knabb Looper Mabry Mankin Mavity McNall Medders Moore of Taliaferro

TUESDAY, MARCH 9, 1943

1109

Nicholson of Richmond Norman Odom Ogburn Oliver Padgett Pannell Phillips Powell Price

Rees Riddlespurger Roper Roughton Salter Sharpe Sills Smith of Carroll Smith of Dougherty Smith of Muscogee

Smith of Oglethorpe Smith of Washington Thigpen Turner Welsch Williams of Gwinnett Willoughby Wright Yawn Mr. Speaker

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

On the adoption of the resolution, by substitute as amended, the ayes were 48, the nays 79.

The resolution having failed to receive t_he requisite two-thirds constitutional majority was lost.

Mr. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.

2:15 P.M.

The speaker pro tern. called the House to order.

The following report of the Western and Atlantic Railroad commission was read and ordered filed:

The WESTERN & ATLANTIC RAILROAD COMMISSION as constituted by an Act of the General Assembly of Georgia approved March 21, 1939 (Georgia Laws 1939 pp. 394-399), together with Frank D. Foley, Esquire, successor of Honorable A. H. Freeman, deceased, as authorized by House Resolution Number 82 (Act Number 25) of the General Assembly approved the 2nd day of March, 1943 (Georgia Laws 1943), respectfully submits to the General Assembly of Georgia, at the regular 1943 session thereof, the following:
1. That under and by virtue of the aforesaid Act (Georgia Laws 1939, pp. 394-399) the said Commission, among other things, is authorized to contract in the name and on behalf of the State of Georgia, for an extension of existing leases on the State property located in the City of Atlanta, Fulton County, Georgia, formerly known as the "Mansion Property" and now occupied by the structures known as the Henry Grady Hotel, Henry Grady Annex, Henry Grady Office Building, Red Rock Building, and the Roxy Theatre, and to fix the terms and conditions with reference thereto, but limited as follows:
(a) That the period of such lease to extend no longer than twenty (20) years from June 1, 1972, the date of the present lease expiring on May 31, 1972; and the provision:

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JOURNAL OF THE HOUSE,

(b) That any contract made by said Commission shall be submitted to "the General Assembly meeting next after the execution of said contract, for approval or disapproval, and unless approved by said General Assembly, said contract shall be void." (Italics supplied)
2. Within the past week there has been verbally submitted to said Commission by the Henry Grady Hotel Company, a corporation, a proposal to lease all of said "Mansion Property" for a period of fifty (50) years from June 1, 1972, subject, however, to the condition that said lease can be approved by the General Assembly at the present 1943 session thereof, a copy of which said lease proposal, embodying the terms, conditions, provisions and remuneration thereof is attached hereto, marked "Exhibit A", and hereby made a part hereof.
3. While your Commission has no authority under existing law to execute such a contract for the term proposed and submit it to the General Assembly as a signed instrument, the apparent good faith of the Henry Grady Hotel Company, a corporation, and the possible advantages to t;he State of Georgia which might accrue therefrom, are such that your Commission feels that it is a part of its duty to transmit the proposal to the General Assembly as a matter of information for such consideration and action, if any, that may be desirable.
4. Your Commission, upon a study of the said lease proposal, and after an analysis of a recent appraisal of the property, is of the opinion that the proposed lease would be profitable and advantageous to the State of Georgia. If the Commission had authority it would execute as provided by the said Act of 1939 a contract embracing the provisions of the proposed lease for the fifty year period sought thereunder and submit the same to the General Assembly with the recommendation that it be ratified.
5. The Commission had no occasion for a meeting prior to the receipt of information regarding the present proposal and was convened and organized only after information regarding this proposal was brought to our attention. S. Price Gilbert was named Vice Chairman and Ryburn G. Clay was named Secretary. A meeting of the Commission was held on March 3, 1943, at which time full information regarding the proposal herein discussed was received and considered. At that time a sub-committee consisting of Judge S. Price Gilbert, Frank D. Foley, and Ryburn G. Clay, was named to pursue a further investigation and study of the proposal and to make investigation regarding the value of the present outstanding leasehold and of the property belonging to the State, which is the subject matter of the lease. This Committee has been in more or less continuous session since that time consulting with the office of the Attorney General, the State Auditor, and other independent agencies. The Committee has received an appraisal of the land belonging to the State as made by the Atlanta Real Estate Board which, it will be noted, values the property at $900,000.00. It will also be noted that under the proposal as submitted, the property on this valuation would bring a yield of 5.977% as against a yield on the current lease of 4.042% and that the State will receive in the aggregate under the proposed lease a total of $1,020,000.00 more than if the new lease were extended upon the highest annual rental as provided in the lease now of force,

TUESDAY, MARCH 9, 1943

1111

$195,000.00 of which is to be payable during the term of the present lease. These additional sums of money, of course, are in addition to the improvements agreed to be placed upon the property by the lessees.
Two members of the Commission, Mr. H. T. Mcintosh, of Albany and Mr. Cason Callaway, of Hamilton, were not, due to engagements which called them out of the State, able to participate in the deliberations of the Commission, but have been fully advised as to the nature of the proposal considered by us.
It has been reported to the Commission that in order to assure adequate financing of the proposed improvements by the lessee, it is essential that the lease extension should be promptly executed and for this reason the commission makes its report at this time.
In the circumstances we feel it our duty thus to bring the matter to your attention.
WHEREFORE, the said Commission prays direction of the General Assembly of Georgia in the premises.
Respectfully submitted this 8th day of March, 1943.
WESTERN & ATLANTIC RAILROAD COMMISSION By Chas. S. Reid, Chairman By S. Price Gilbert By Frank D. Foley By R. G. Clay By David S. Atkinson.

EXHIBIT "A"
GEORGIA, FULTON COUNTY
THIS AGREEMENT and contract made and entered into this................day of March, 1943, by and between the STATE OF GEORGIA, party of the first part, acting through the MANSION SITE LEASE COMMISSION, created by Act of the General Assembly of Georgia, duly empowered to execute this lease contract, and HENRY GRADY HOTEL COMPANY, a corporation, party of the second part:
WITNESSETH
That the first party, hereinafter called the Lessor, has leased to and does hereby lease to the party of the second part, hereinafter called the Lessee, and that Lessee has leased from and does hereby lease from Lessor the property called and known as MANSION SITE PROPERTY, in the City of Atlanta, said State and County, the same having the following metes and bounds :
Fronting East on the West side of Peachtree Street, One Hundred and Forty-

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three (143) feet; running back: West along and parallel with Cain Street Three Hundred Eighty-one and Seven-tenths (381.7) feet on the North side of this tract, and Four Hundred Eight and One-tenth (408.1) feet on the South side thereof to Spring Street; and having a West frontage of One Hundred and Forty-six ( 146) feet along the East side of said Spring Street: The same constituting the entire area of what was formerly known as GOVERNOR'S MANSION PROPERTY, whether containing more or less than the exact measurements just above set out, for a period of Fifty (50) years, beginning on June 1, 1972 and expiring on May 31, 2022..
AMOUNT AND TIME OF RENTAL PAYMENTS
There is now in existence a lease covering said described property dated February 1, 1922, and expiring on May 31, 1972. In addition to the rental payable under the existing lease, the Lessee herein agrees to pay as rental, Fifty Thousand ($50,000.00) Dollars in four equal annual installments of Twelve Thousand and Five Hundred ($12,500.00) Dollars each payable to the Treasurer of the State of Georgia, on or before twelve o'clock: noon June lOth in the years 1943, 1944, 1945, and 1946, and Five Thousand ($5,000.00) Dollars annually payable in equal monthly installments in advance, to the Treasurer of the State of Georgia, on or before twelve o'clock: noon on the tenth of each and every month beginning June lOth, 1943, and ending May lOth, 1972, time being of the essence of this contract. Thereafter, for an additional fifty (50) years, Lessee agrees to pay the following annual rental, in twelve equal installments, payable monthly in advance, to the Treasurer of the State of Georgia, on or before twelve o'clock: noon, on the tenth of each and every month during the period of this extension, time being of the essence of this contract, to wit:
From June l, 1972 to May 31, 1982, the sum of Fifty Thousand ($50,000.00) Dollars per annum;
From June 1, 1982 to May 31, 1992, the sum of Fifty-five Thousand ($55,000.00) Dollars per annum;
From June 1, 1992 to May 31, 2002, the sum of Sixty Thousand ($60,000.00) Dollars per annum;
From June 1, 2002 to May 31, 2012, the sum of Sixty-five thousand ($65,000.00) Dollars per annum;
From June 1, 2012 to May 31, 2022, the sum of Seventy Thousand ($70,000.00) Dollars per annum.
In addition to the amounts which Lessor shall receive for said property, Lessee agrees to pay during the entire term of this lease, all ta'xes both on the lot and the improvements as they now are, or may hereafter be made, which may be lawfully assessed against said property, and a!! 5treet and sidewalk: improvements, curbing, white lights, sewers, or any other kind of assessments which may be lawfully assessed against the property.

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1113

ALL TAXES, INSURANCE, ETC. TO BE PAID BY LESSEE
All taxes and charges herein named shall be paid by the lessee to the lawful Tax Collectors, within the time required by law, in ordinary course, and without penalty thereof, except in such cases as the Lessee may contest the legality, or amount thereof, in which event, payment shall be made before levy or execution on final judgmnt. For all payments made by the Lessee herein required to be paid to the lawful Tax or like Collecting Officers, Lessee shall at once furnish to the Lessor duplicate receipts, or satisfactory evidence of such payments. Lessee also agrees to pay the fire insurance premium!! on not less than Seventy-five ( 75%) per cent of the value of the buildings erected or to be erected on said property, and to pay the premiums on a reasonable amount of liability insurance. Lessee shall at once furnish the Lessor duplicate receipts or satisfactory evidence of such payments.
AMOUNT TO BE EXPENDED FOR IMPROVEMENTS
As a further part of the consideration for the extension of the present lease on said property, the Lessee is bound to erect on or before June 1, 1965, a fire proof building or buildings to contain not less than 2,375,000 cu. ft., which it is estimated will cost not less than One Million Five Hundred Thousand ($1,500,000.00) Dollars.

FIREPROOF BUILDINGS
All buildings on said property, whether permanent or temporary, shall be of fire proof construction in accordance with the accepted meaning of the term "fire proof" in this State, at the time of the erection of the respective buildings, and such buildings shall be in keeping with the surroundings at the time of the erection of such buildings, and in accordance with the building requirements of the City of Atlanta, and to determine if these provisions are being complied with, the plans and specifications shall be submitted to the Governor, or other duly constituted authority.
RIGHT TO CANCEL LEASE.
Upon the failure of the Lessee or its successors or assigns to comply with the terms and stipulations contained in the two paragraphs next hereinabove written, Lessor shall have the right to cancel this extension of the lease ; also, Lessor shall have the right to verify the amounts expended for the. additional improvements.
ALL DAMAGES ASSUMED BY LESSEE
Any and all damages to person or property which may be suffered by Lessee, its tenants, or its laborers, or by any person, or persons whomsoever, by reason of anything that may be done, or which may occur, about the buildings, improvements, premises, sidewalks, or premises adjoining at any time during the lease period, shall be borne by the Lessee, and all suits for any claim or damage arising in any manner whatsoever in connection therewith shall be defended, and judgment thereon, if any, paid by the Lessee.

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NO INCUMBRANCE EFFECTIVE AGAINST LESSOR.
No mortgage or incumbrance shall be placed on~any of the buildings, or improvements, erected or to be erected on this property, except with the express understanding that the same shall be inferior to all of Lessor's rights under this lease, and that such buildings and improvements shall vest unincumbered in Lessor upon any breach or default under the conditions and stipulations herein, as well as upon the expiration of the lease.
NO RECEIVER OR TRUSTEE SHALL ACQUIRE INTEREST
It is agreed that no Receiver or Trustee, in legal proceedings with which the Lessee may be concerned, nor of any persons to whom Lessee may transfer this lease, or sublet any portion of the property covered herein, shall ever have any interest or claim in or to the leased premises, or in or to this lease, or to the rents arising thereunder, unless such Receiver or Trustee is appointed at the instance of Lessor to protect its interests. It is agreed also that the rights given to Lessor under this lease contract are optional to it, and are cumulative to any right it may have now or hereafter to enforce this lease contract.
LESSOR'S RIGHT TO RE-ENTER UPON DEFAULT
It is hereby expressly provided that, in the event Lessee defaults in the payment of rents, taxes or other assessments against said property, time being of the essence of the contract, Lessor may at its option, and upon thirty days' written notice, cancel this lease without claim or liability for damages, and re-enter and take possession of said property.
ALL BUILDINGS TO BE KEPT IN REPAIR
Lessee shall keep all buildings and improvements erected on this property in fair and reasonable repair at all times ami without cost to the Lessor, and is to keep such buildings and improvements insured, with loss payable to Lessor and Lessee jointly, as their interest may appear in an amount equal to seventy-five (75%) per cent of the value of such buildings and improvements. Lessee is to pay premiums on all insurance, and to deliver all policies to Lessor. In the event any of the buildings or improvements erected upon the premises herein leased shall be injured or destroyed by fire, or any other agency or cause, Lessee shall begin their repair, restoration and replacement within ninety days, and the proceeds from any and all policies of insurance on said buildings shall be utilized and applied to the repair, restoration or replacement of such buildings or improvements.
ALL BUILDINGS AND IMPROVEMENTS REVERT TO LESSOR
All buildings and improvements upon the premises, including elevators and all appurtenances thereto, and all engines, dynamos, boilers, furnaces, heating apparatus, and all such appliances used in connection with any buildings that may be erected, and any and all essential parts of any building or improvements that may be placed on the leased premises which shall be deemed and considered a part of the realty, at the expiration of the lease period, or at the time of any default which may operate to

TUESDAY, MARCH 9, 1943

1115

cause a termination of the iease as herein provided, immediately shall become the property of, and the title thereto vest in, Lessor free of any claim of Lessee, its assigns, or any person whomsoever.

It is expressly agreed that any and all sub-leases and transferees under this lease contract shall be bound by the terms, stipulations and conditions contained herein.

IN WITNESS WHEREOF, Lessor has hereunto, by the aforesaid duly empowered MANSION SITE LEASE COMMISSION, duly constituted according to the provisions of said Act as aforesaid, executed this lease contract, and has duly obligated the State of Georgia, the owner of said property; AND THE LESSEE, through its proper officers, duly authorized to do so, has signed this instrument, and caused its seal to be attached thereto, the same being done in duplicate, on the day and year first above written.

Signed, sealed and delivered in the presence of the undersigned.

........................................................ (L.S.) ........................................................ (L.S.)

........................................................ (L.S.)

NOTARY PUBLIC SEAL

........................................................ (L.S.) ........................................................ (L.S.)

........................................................ (L.S.)

......................................................... (L.S.)
Constituting the MANSION SITE LEASE COMMISSION
HENRY GRADY HOTEL COMPANY
By.................................................... ( L.S.)

The following report of the Committee on Georgia School for the Deaf was submitted:
Mr. Speaker, Your Committee on Georgia School for the Deaf, visited this worthy Institution located at Cave Spring, Georgia, February 24th, 1943.
We were very greatly impressed with the splendid work that is being done for these unfortunate children. We found the dining rooms, living quarters, class rooms and equipment in a high state of good order.
Mr. C. H. Hollingsworth the fine gentleman who is Superintendent, and his efficient staff are to be highly commended for their sincere interest and sympathetic understanding of their duty and the problems of the children.

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We regret that expediency does not permit us to commend the entire staff individually, yet we do wish to thank Mr. Roy Parks, Principal, Mr. Steve Pettis, Maintenance Engineer, and Mr. R. R. Caswell, Director of Farming.
We further found that this institution is not on the High School accredited list because it does not have an auditorium-gymnasium and recommend that as soon as funds are available that this building be erected so as to place it on the accredited list where we feel that it should be.
We further find that the school is without transportation for the benefit of the children when making trips off the campus for necessary purposes, and they are forced to ride in a stake-body truck without protection from the weather. This Committee recommends that a moderate priced bus be purchased for the use of the children of the school, as soon as possible.
We also find, that there are several vacancies in the school, and we recommend that all members of the General Assembly check in their respective counties to see if there are not other unfortunate children who should be placed in this school.
We were also impressed with the fact that all children of the school were very happy, which speaks so forcefully of the wholesome environment of the school.
Respectfully submitted,
A. D. Littlejohn, Chairman.

Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 231. By Mr. Reid of Carroll:
A bill to be entitled an act to provide for the change of county lines lying within the limits of incorporated towns and cities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 20, the nays 87.
The bill having failed to receive the requisite constitutional majority was lost.
HB 281. By Messrs. Looper of Dawson, Sparks of Toombs, and Russell of White: A bill to be entitled an act to provide a salary for the solicitor general of the Northeastern judicial circuit instead of fees; and for other purposes.
Mr. Looper of Dawson moved that HB 281 be postponed until March 10, 1943, and the motion prevailed.
HB 222. By Messrs. Smith and Reid of Carroll, Weaver of Bibb, Price of Clarke, and Elliott of M uscogee:

TUESDAY, MARCH 9, 1943

1117

A bill to be entitled an act amending chapter 88-2 of the code of Georgia of 1933, known as the Ellis health law; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Weaver of Bibb asked unanimous consent that HB 222 be immediately transmitted to the Senate and the consent was granted.
HB 620. By Messrs. Harris of Richmond and Whipple of Bleckley:
A bill to be entitled an act to amend section 27-904 and section 27-906 of the code by substituting a new section to provide for the surrender of a bail's principal in vacation to the sheriff or in open court to discharge themselves from liabilities and to provide that the clerk shall issue a scire facias on bond forfetiures; and for other purposes.
Mr. Whipple of Bleckley moved that further consideration of HB 620 be postponed until March 10, 1943 and the motion prevailed.
SB 166. By Senators Eubank of the 29th and Gross of the 31st districts:
A bill to be entitled an act to amend the 1933 code so as to provide an additional purpose for which county taxes may be levied so as to include old age assistance; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. McCracken of Jefferson asked unanimous consent that SB 166 be immediately transmitted to the Senate and the consent was granted.
HB 504. By Mr. Kendrick of Fulton:
A bill to be entitled an act to provide that public officials having control of park:s and other public property may during the present war emergency permit the use of such lands for the growing food products; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.

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HB 454. By Mr. Fisher of Jeff Davis:
A bill to be entitled an act to constitute all commissioned officers of the armed forces as ex-officio notaries public; and for other purposes.
The following amendment was read and adopted:
Mr. Nicholson of Oconee offers amendment to HB 454 as follows:
By striking after the word Georgia in line three of the caption thereof the words "for the convenience of all persons situated without the territorial limits of the United States of America and of the District of Columbia" and by striking after the word Georgia in line eight of said caption the following words to wit: "to provide that the affixation of the official seal of their respective organizations shall be conclusive proof of their authority to act as such", so that when so amended said caption shall read as follows:
To be entitled an act to constitute all commissioned officers of all branches of the armed services of the United States of America ex-officio Notary Publics of the State of Georgia; to provide that their actings and doings as such shall have the same dignity as those of regularly appointed Notary Publics of the State of Georgia; to provide the ratification of all of their actings and doings as such for a period of two years prior to the effective date of this enactment; to provide that in the event any portion hereof be held invalid that same shall not affect the validity of the other portions; and to provide for the repeal of any laws in conflict herewith.
Further amends body of said bill as follows: By striking from the body of said bill after the word Georgia in line three thereof the following words "for the convenience of all persons situated without tht territorial limits of the 48 States and the District of Columbia of the United States of America." Also by striking Section 2 in its entirety from the body of said bill and have the remaining Sections of said bill appropriately numbered so that when so amended the body of said bill shall read as follows:
Section I. That during the present World War and for six months thereafter all commissioned officers of all branches of the armed Services of the United States of America are hereby constituted ex-officio Notary Publics of the State of Georgia whether within the continental limits of the United -States or without and that their actings and doings as such shall have the same dignity of those of regularly appointed Notary Publics of the State of Georgia.
Section 2. Be it further enacted that all such actings and doings of such commissioned officers for a period of two years prior to the effective date of this enactment are hereby confirmed and ratified.
Section 3. Be it further enacted; that should any portion of this enactment be held invalid, that this should not affect the validity of the other portions hereof.
Section 4. Be it further enacted; that all laws in conflict herewith be and the same are hereby repealed.

TUESDAY, MARCH 9, 1943

1119

The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 109, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 535. By Mr. Hubert of DeKalb:
A bill to be entitled an act to amend section 24-604 of the 1933 code so as to provide that Justices of the Peace shall lay their doc~ts before the grand juries on the first day of the first term 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 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 39. By Senator Moore of the 32nd district:
A bill to be entitled an act to amend section 67-803 of the 1933 code so as to provide for the giving of a bond, the giving of a pauper's affidavit m lieu of bond in cases of statutory foreclosure; and for other purposes.
The following substitute was read and adopted:
A bill to be entitled an act to repeal section 67-803 "Replevy bond; postponement of sale; trial of issue; pauper affidavit in lieu of bond," of the Code of Georgia of 1933, and to enact a new section therefor, to be known as section 67-803 so as to provide the method for giving a bond, the giving of a pauper's affidavit in lieu of bond in case of statutory foreclosure; and for other purposes.
Section 1. That Section 67-803 "Replevy bond; postponement of sale; trial of issue; pauper affidavit in lieu of bond," of the Code of Georgia of 1933 be and the same is hereby stricken in its entirety and there is hereby substituted in lieu thereof a new section to be numbered 67-803 and to read as follows:
"67-803. When an affidavit of illegality shall be filed as provided for in section 67-801, the defendant shall give a bond with good security payable to the plaintiff in fi. fa., which bond shall obligate the defendant to pay the full amount of the judgment and costs that he may recover upon the final trial of said cuse; provided the property levied on shall be equal to or exceed in value the amount of the debt as set forth in the mortgage foreclosure, fi. fa., or execution in all cases where the property levied on shall be of less value than the amount of the indebtedness set forth in the fi. fa., then the said bond shall be in an amount double the value of the property levied upon, such value to be determined by the levying officer, and when said affi-

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davit of illegality and bond shall be returned to the court having jurisdiction of the cause, it shall be lawful for the plaintiff to take judgment against the defendant and his sureties, in the event such plaintiff shall recover, in an amount equal to the value of said property at the time of levy, together with all interest and costs. When the defendant shall be unable from poverty to make bond and surety as required, he shall make affidavit of the fact, setting forth in said affidavit that he has been advised and believes that his ground of illegality will be sustained and such affidavit shall be accepted hy the levying officer in lieu of bond and surety as hereinbefore provided; but in all cases where pauper affidavit is filed as herein set out the property shall remain in the hands of the levying officer, unless sold under a special order of the court, as in case of prGperty that is perishable or that is expensive to keep or that is likely to deteriorate from keeping."

Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed.

The report of t~e committee, which was favorable to the passage of the bill, was agreed to, by substitute.

Mr. Durden of Dougherty moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Alexander Alwood Anderson Bennett Boynton Branch Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Cannon Cheshire Cowart Curry Dallis Deal Dorsey Drake Dunn DuPree Durden

Edwards Etheridge Ferguson Fortson Gardner Gavin Gowen Graham Guerry Harden Hatchett Hefner Herndon Hicks Hill of Clarke Hill of Troup Horne Hubert Jennings of Terrell Joiner Johnson of Chattahoochee Johnston Kelly of Thomas Kelly of Walker

Kendrick Key Knabb Littlejohn Looper Mankin Martin Mason Mavity Maund McCamy McCracken McNall Mims Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Pettit Phillips



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1121

Powell Price Pruitt Ray Reynolds Rossee

Rountree Russell Sharpe Sheppard Sumner Thompson

Those voting in tbe negative were:

Allison

Hardy

Battles

Hart of Quitman

Barfield

Hightower

Boone

Howard

Campbell of Polk:

Johnson of Pike

Copland

Jones

Culpepper

Livingston

Elliott

Mcintosh

Ennis

Mills

Foster

Moate

Goston

Odom

Giddens

Park:

Greene of Jones
.Guyton

Parker Pirkle

Those not voting were :

Adams Baker Bates Bargeron Bentley Bowen Brewton Burton Cates Chance Clark Connell Crummey Dalton Daves Dorsett Dukes Dyal Easler Fisher Fussell Gholston

Gilbert Gillis Goldberg Gray Grayson Greene of Schley Hagan Hand Hart of Thomas Hartness Heard Hogg Holley Hooks Hurst Jennings of Sumter Johns Mabry Malone McEntire Medders Miller

Thurmond Weaver Welch Whipple Wilbanks of Habersham Woodruff
Porter Rees Reid Riddlespurger Smiley Smith of Washington Sparks Strickland Thomas Williams of Coffee Williams of Harris Wilson Yawn
Ogburn Oliver Overby Padgett Pannell Peck Riley Roper Roughton Rowland Salter Sills Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Swint Thigpen Thrash Turner Waller Warnock



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Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee

Williams of Gwinnett Willoughby

Wright Mr. Speaker

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

On the passage of the bill, by substitute, the ayes were 93, the nays 41.

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

Mr. Dunn of Lamar gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 39.

Mr. Smith of Muscogee moved that the House do now adjourn until tomorrow morning at 10:00 o'clock and the motion prevailed.

Leave of absence was granted Mr. Harden of Turner.
The Speaker Pro Tern. announced the House adjourned until tomorrow morning at 10:00 o'clock.

'

WEDNESDAY, MARCH 10, 1943

1123

Representative Hall, Atlanta, Georgia,
Wednesday, March 10, 1943.
The House met pursuant to adjournment this day at 10:00 o'clock A. M., was called to order by the Speaker Pro Tern. and opened with a 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.
2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference of Senate bills. 6. Third reading and passage of uncontested local bills. The following messages were received from the Senate throu~ Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill
of the House, to wit:
HB 93. By Messrs. Burnside of McDuffie and Rountree of Emanuel:
A bill to provide the manner in which justices of the peace and notaries public ex-officio justices of the peace and constables shall he compensated in criminal cases; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to wit:
HB 149. By Mr. Thigpen of Glascock:
A bill to create and establish an election canvassing board for the State of Georgia; and for other purposes.
The Senate has passed by substitute by the requisite constitutional majority the following bills of the House, to wit:

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HB 87. By Mr. Woodruff of Barrow:
A bill to prohibit the sale of horse and dog meat for human consumption in the State of Georgia, and to provide for penalties and prosecutions thereof, for regulating containers and labeling; and for other purposes.
HB 189. By Messrs. Kendrick:, Etheridge and Mrs. Mankin of Fulton:
A bill to create a civil service board in Fulton county; to provide what employees shall be eligible ; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to wit:
HB 547. By Messrs. Mixon of Irwin, Harris of Richmond and others:
A bill to amend chapter 49-2 of the Code of Georgia of 1933, which defines the powers, duties and liabilities of guardians and to amend chapter 49-4 of the Code of Georgia of 1933, which provides for the sale and conveyance by a non-resident guardian or trustee of property of his ward or cestui que trust lying or being in this state; and for other purposes.
HB 38. By Messrs. Hightower and Swint of Spalding:
A resolution proposing to the qualified voters an amendment to article 11, section 2, paragraph 1 of the Constitution of Georgia so as to provide for the division of Spalding county into school districts; and for other purposes.
SB 199. By Senators Atkinson of the 1st, Terrell of the 19th and Newton of the 47th:
A bill to give the state board of prisons the authority and right to set up, establish and maintain central points or stations for receiving all prisoners who have been convicted of crime in the courts of the state; and for other purposes.
SB 218. By Senator Simmons of the 8th:
A bill to amend the motor fuel tax law to provide for reports to the comptroller general, by distributors, shall be filed on the last day of the month instead of the 20th; and for other purposes.
SB 221. By Senator Lovett of the 16th:
A bill to amend the charter of the City of Dublin, to authorize the mayor to suspend any officer or employee for cause, and to provide for a hearing by the board of aldermen; and for other purposes.
SR 48. By Senator Fowler of the 39th:
A resolution endorsing the home gardening program advocated by the secretary of agriculture and national administration; and for other purposes.

WEDNESDAY, MARCH 10, 1943

1125

SR 54. By Senator Kennedy of the 2nd and Forestet: of the 44th:
A resolution proposing an amendment to article 6, section 15, paragraph and 2 of the Constitution by striking paragraph 1 and 2 and inserting a new paragraph i, to provide that ten days after service the judge of the superior court may grant or refuse a decree for total divorce; and for other purposes.
HB 459. By Mr. Thigpe~ of Glascock:
A bill to authorize the state board of health and other officials certifying as to birth records, unless a certified copy containing more complete information is requested, to issue a certificate only as to the following facts: N arne of child, date of birth, place of birth, color and sex; and for other purposes.
By unanmious consent, the following bills of the House were introduced, read the first time and referred to committees:
HB 643. By Messrs. Bates of Ware, Sheppard of Heard and Willoughby of Clinch:
A bill to be entitled an act to provide that any person who has attained fifteen years of age may, upon passing the examination required of persons sixteen years of age for drivers' license, be issued a license; and for other purposes.
Referred to Committee on Motor Vehicles.
HB 644. By Messrs. Cheshire and Riddlespurger of Colquitt:
A bill to be entitled an act to amend an act of 1943 creating a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
Referred to Committee on Municipal Governments.
HB 645. By Messrs. McCracken of Jefferson and Durden of Dougherty:
A bill to be entitled an act to amend section 24-104 of the Code of 1933 enumerating the powers of courts, so as to give trial judges additional powers and to authorize all trial judges in all courts of the state to change their sentence at any time; and for other purposes. Referred to Committee on State of Republic.
Mr. Smith of Muscogee County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker:
Your Committee on Conservation have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE,

HB 641. Do Pass.

Respectfully submitted,
Smith of Muscogee, Chairman.

Mr. Cowart of Lowndes County, Vice-Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and Senate and have instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 640. Do Pass.
SB 215. Do Pass.
Respectfully submitted,
Cowart of Lowndes, Vice-Chairman.

Mr. Sills of Candler 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 Senate bills and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 217. Do Pass.
SB 216. Do Pass.
Respectfully submitted,
Sills of Candler, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills of the House, to wit:
HB 215. HB 222.

WEDNESDAY, MARCH 10, 1943

1127

HB 454. HB 468.
HB 504.
HB 535. HB 616. HB 617. HB 620. HB 627. HB 628. HB 629. HB 631.

HB 635.

Respectfully submitted,

Brand of Tift, Chairman.

:l-Ir. MeN all of Chatham 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 resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 159-641A. Do Pass. Respectfully submitted,
MeNall of Chatham, Chairman.

Mr. Mixon of Irwin 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

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JOURNAL OF THE HOUSE,

following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 189. Do Pass.

Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Pettit of Bartow County, Chairman of the Committee on Mines and Mining, submitted the following report":

Mr. Speaker:

Your Committee on Mines and Mining have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 174. Do Pass.

Respectfully submitted,

Pettit of Bartow, Chairman.

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 639. Do Pass.
Respectfully submitted,
Allison of Gwinnett, Chairman.

Mr. Mavity of Walker County, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary have had under consideration the following bill and resolution of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, MARCH 10, 1943

1129

SB 198. Do Pass.
SR 59. Do Pass.
Respectfully submitted,
Mavity of Walker, Chairman.
Mr. Rossee of Putnam County, Chairman of the Committee on Public Highways No. 1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highway No. 1 have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Hous'e with the following recommendations:
SB 116. Do Pass as amended.
Respectfully submitted,
Rossee of Putnam, Chairman.
Mr. Reid of Carroll 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 resolution of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 58. Do Pass.
Respectfully submitted,
Reid of Carroll, Chairman.
Mr. Durden of Dougherty County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 69-274B. Do Pass. Respectfully submitted, Durden of Dougherty, Vice-Chairman.

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JOURNAL OF THE HOUSE,

Mr. Mims of Miller County, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 638. Do Pass.

SB 210. Do Pass.

SB 212. Do Pass.

SB 105. Do Not Pass. Respectfully submitted,

Mims of Miller, Chairman.

Mr. McCracken of Jefferson County; Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic have had under consideration the following resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 160-642A. Do Pass.
Respectfully submitted,
McCracken of Jefferson, Chairman.
By unanimous consent, the following bills and resolutions, of the House and Senate favorably reported, were read the second time:
HB 638. By Mr. Gillis of Treutlen:
A bill to be entitled an act to provide that applicants for divorce in Treutlen superior court shall deposit $15.00 as costs at the time of filing the petition; and for other purposes.
HB 639. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the civil service act of the City of Atlanta to provide the department head may file charges for inefficiency or misconduct; and for other purposes.

WEDNESDAY, MARCH 10, 1943

1131

HB 640. By Mr. Odom of Baker:
A bill to be entitled an act to provide that the commissioners of Baker county shall be elected from their respective districts and not by a county-wide vote; and for other purposes.
HB 641. By Messrs. Howard of Long, Smiley of Liberty and Dukes of Bryan:
A bill to be entitled an act to amend section 26-3601 of the Code of Georgia by striking from said section the word January and substituting the word December; and for other purposes.
SB 116. By Senators Lester of the 18th, Atkinson of the 1st, Simmons of the 8th, Bloodworth of the 23rd, Bloodworth of the 22nd, Raynor of the 4th, Forester of the 44th, Clements of the 9th, Foster of the 40th and Kaigler of the 12th districts :
A bill to be entitled an act to create a state highway commiSSIOn of ten members and to abolish the state highway board; and for other purposes.
SB 174. By Senator Gross of the 31st district:
A bill to be entitled an act to amend section 73-216 of the Code of 1933, sub-sectio~ 3 to change the figures "0.10" and inserting the figures "0.25", and amending section 73-216 by striking the words "United States Government Bureau of Mines", and substituting the words "Federal Specifications. Board"; and for other purposes.
SB 189. By Senator Arnall of the 36th and Arnold of the 26th districts:
A bill to be entitled an act to amend section 75-412 of the Code of 1933, by providing for the use of the word "company", or other general terms ta denote special partners; for the use of trade names; for the registration of .such firm name; and for other purposes.
SB 198. By Senators Atkinson of the 1st, Terrell of the 19th and Newton of the 47th districts:
A bill to be entitled an act to repeal section 77-401 of the Code of 1933 and substitute a new section providing that insane convicts shall be removed to the Milledgeville State Hospital during the term for which sentenced, or until cured; and for other purposes.
SB 210. By Senator Harrison of the 17th district:
A bill to be entitled an act to establish the city court of Millen; to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and other officers; and for other purposes.
SB 212. By Senator Gross of the 31st district:
A bill to be entitled an act to provide for the holding of four terms each year of Stephens superior court and to fix the dates; and for other purposes.

1132

JOURNAL OF THE HOUSE,

SB 215. By Senator Whitworth of the 38th district:
A bill to be entitled an act to provide additional regulations for the registration of voters in counties having a population of not less than 12,800 and not more than 12,900; to provide new registration books and for the reregistering of all voters; and for other purposes.
SB 216. By Senator Shannon of the 21st district:
A bill to be entitled an act to provide that the sheriff of Twiggs county shall be paid a salary of $100.00 per month in addition to the fees; and for other purposes.
SB 217. By Senator Shannon of the 21st district:
A bill to be entitled an act to provide a new schedule of commissions to be paid the tax commissioner of Twiggs county; and for other purposes.
SR 58. By Senator Preston of the 27th district:
A resolution authorizing the state library to furnish to the clerk of the superior court of Walton county, without cost to said county, certain enumerated volumes of the Georgia supreme court and court of appeals; and for other purposes.
SR 59. By Senators Foster of the 40th, Pittman of the 42nd and Ansley of the
lOth districts:
A resolution of the General Assembly, advising the state board of pardons and paroles of the legislative intent in the creation of such board; and for other purposes.
HR 159-641A. By Mr. Weaver of Bibb:
A resolution to authorize the state game and fish commission to. deed to the donor 16.5 acres of land in Bibb county because of abandonment of the property for the purposes for which deeded; and for other purposes.
HR 160-642A. By Messrs. Durden of Dougherty and Key of Jasper:
A resolution proposing an amendment to article 7, of the Constitution of Georgia to- provide that the powers of taxation may be exercised through the General Assembly and by counties and municipalities for the purpose of paying pensions to teachers; and for other purposes.
HR 69-274B. By Mr. Key of Jasper:
A resolution to amend rule 198 of the House of Representatives of the General Assembly of Georgia providing for committees and the duty and authority of the Speaker to appoint the same, so as to add a newly created committee to be known as "Veterans Affairs", which said committee the Speaker shall appoint.

WEDNESDAY, MARCH 10, 1943

1133

By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
SB 199. By Senators Atkinson of the 1st, Terrell of the 19th and Newton of the 47th districts :
A bill to be entitled an act to give the state board of prisons the authority and right to set up, establish and maintain central points or stations for receiving all prisoners who have been convicted of crime in the courts of the state; and for other purposes.
Referred to Committee on Penitentiary.

SB 218. By Senator Simmons of the ~th district:
A bill to be entitled an act to amend an act approved March 18, 1937 (Ga. Laws 1937, pp. 167-207) by striking the words and figures "twentieth (20th)", and substituting in lieu thereof the word "last"; and for other purposes.
Referred to Committee on Ways and Means.

SB 221. By Senators Lovett of the 16th and Hall of the 50th districts:
A bill to be entitled an act to amend an act creating a new charter for the City of Dublin, reincorporating said city, defining its territorial limits; and for other purposes.
Referred to Committee on Municipal Government.

SR 48. By Senator Fowler of the 39th district:
A resolution that the home gardening program advocated by the secretary of agriculture and the national administration be endorsed and approved; and for other purposes.
Referred to Committee on General Agriculture No. 2.

SR 54. By Senators Kennedy of the 2nd and Forester of the 44th districts:
A resolution proposing to the qualified voters of Georgia an amendment to paragraphs 1 and 2, section 15, article 6, of the Constitution of Georgia concerning the divorce provisions, by striking from said section, paragraphs 1 and 2 in their entirety and inserting in lieu thereof a new paragraph; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
Mr. Hagan of Screven requested that the following bill of the Senate be placed on the calendar for the purpose of disagreeing with the report of the committee, which was adverse to the passage of the bill:

1134

JOURNAL OF THE HOUSE,

SB 105. By Senator Harrison of the 17th district:
A bill to be entitled an act to provide a certified shorthand reporters law; to provide a board of examiners and certificates; and for other purposes.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 628. By Mr. Connell of Lowndes:
A bill to be entitled an act to amend the charter of the City of Valdosta, so as to extend the corporate limits; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 629. By Mr. Yawn of Dodge:
A bill to be entitled an act to require the commissioner of Dodge county to publish a list of voters registered to vote in primary elections ten days prior to each election and to publish a list of those voting in primary 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 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 631. By Mr. Hartness of Fannin:
A bill to be entitled an act to amend the charter of the Town of Mineral Bluff; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 635. By Messrs. Thurmond and Roper of Hall:
A bill to be entitled an act to amend the charter of the City of Gainesville; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.

WEDNESDAY, MARCH 10, 1943

1135

The bill having received the requisite constitutional majority was passed.
SB 179. By Senator Millican of the 52nd:
A bill to be entitled an act to amend the pension act of Fulton county; and for other purposes.
The following amendment was read and adopted:
Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton move to amend SB 179 as follows:
Amend Senate bill No. 179, page 2 of the caption, line 22, by striking the words "employees in the welfare department, and" further amend SB 179, section 11 in the first line of page 12 by striking out the words "but not".
Also amend caption of Senate bill No. 179 by adding after the word "act" and before the word "and" in the nineteenth line of the second page of said caption the following, "including the employees of the Department of 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, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HB 554. Civilian defense. 2. HB 553. Civilian defense. 3. HB 620. Court cost. 4. HB 281. Abolishing fee system-Northeastern Circuit. 5. HB 577. Burning woods. 6. HR 146-600A. Constitutional amendment-preference to veterans. 7. HB 340. Prevent discrimination against illegitimates. 8. HB 181. Eligibility for judge emeritus. 9. HB 606. Making state subject to workmen's compensation. 10. HR 119-511A. Relating to textile and paper shipping bags. 11. HR 92-430A. Relating to divorce suits. 12. HB 215. Annual reports of county school superintendents. 13. HB 297. Relating to insurance companies. 14. HB 142. Repeal Code Section 92-512.

1136

JOURNAL OF THE HOUSE,

15. HB 578. Soldiers voting by mail. 16. HB 242. Creating state farm board. 17. HR 52-217B. Relating to poll tax. 18. HB 158. Fiscal reports of counties and municipalities. 19. HB 144. Relating to beauticians and barbers. 20. SR 63. Relating to new Constitution. 21. HB 194. Anti-rabies. 22. HB 275. Admission to the bar. 23. HB 214. Relating to jurisdiction of city courts. 24. HB 407. Relating to burning of highway right-of-ways. 25. HB 391. Relating to right-of-ways. 26. HB 531. Relating to rights to modify sentences by judges. 27. HR 141-594A. Relating to U. S. pharmacy corps. 28. HB 422. Amendment to homestead exemption. 29. HB 633. Creating roads property commission. 30. HB 636. Relating to mansion site lease commission. 31. HB 637. Relating to extension of the lease of mansion property. 32. HB 155-623B. Relative of H. 0. L. C. 33. HB 584. Constitutional amendment-DeKalb county. The Speaker is authorized to call these bills in the order as he sees fit, and to add to the calendar any general bills with local application.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.

Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 620. By Messrs. Harris of Richmond and Whipple of Bleckley:
A bill to be entitled an act to amend section 27-904 of the Code relating to the surrender of principal, costs, deaths of principal; and for other purposes.
The following amendment was read and adopted:

WEDNESDAY, MA~CH 10, 1943

1137

Mr. Whipple of Bleckley moves to amend HB 620 by striking from the last sentence of section one ( 1) the words "may in its discretion" and inserting in lieu thereof the words, "shall, after final judgment."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
HB 215. By Mr. Hatchett of Meriwether:
A bill to be entitled an act to amend section 32-1014 of the Code of 1933, relating to the time of filing county school superintendent reports so as to provide that the time of filing shall be at the end of the fiscal 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 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Hatchett Meriwether asked unanimous consent that HB 215 be immediately transmitted to the Senate and the consent was granted.
HB 281. By Messrs. Looper of Dawson, Sparks of Towns, and Russell of White: A bill to be entitled an act to abolish the fee system in the Northeastern judicial circuit; to provide that the solicitor general shall receive a salary; and for other purposes:
The following amendments were read and adopted:
Mr. Bynum of Rabun moves to amend HB 281 by striking therefrom the words and figures where they appear $6,000.00 and insert in lieu thereof $8,250.00, further moves to amend said bill by appropriately wording same so that each of said counties shall pay pro-rata portion of $8,250.00: Dawson-$349.00, Hall-$2,880.20, Lumpkin-$514.80, White-$320.82, Union-$629.26, Towns-$407.35, Rabun-$646.87, Habersham-$1,218.39, and Stephens-$1,072.91.
Mr. Looper of Dawson moves to amend HB 281 as follows: By striking all of section 1 and inserting in lieu thereof a new section numbered section 1 to read as follows:
Section 1. "The fee system now existing in the superior courts of the Northeastern judicial circuit, as applied to office of solicitor general in said judicial circuit be and the same are hereby abolished in so far as the same constitutes the compensation of sai~ solicitor-general; provided the same schedule of fees and costs prescribed under existing laws which remain for the purpose of ascertaining the sum or sums

1138

9F JOURNAL

THE HOUSE,

to be paid into the treasuries of the counties composing said judicial circuit; as hereinafter provided; and the solicitor general of the said judicial circuit shall hereafter be paid a salary as it is hereinafter provided for in lieu of fees under the present system; provided further that nothing contained in this section shall prevent the solicitor-general from collecting on fees earned by him before the passage and approval of this act."
Mr. Looper of Dawson moves to further amend HB 281 by striking from the
same section 4 in its entirety and submit in lieu thereof a new section number 4 to read as follows:
Section 4. "Be it further enacted by the authority aforesaid, that the salary of said solicitor-general shall be paid in twelve equal monthly installments, on the first days of each month upon warrant to be drawn upon the treasurer of each said counties, and if no treasurer exists in any of the counties in said circuit, then the same is to be drawn upon such officer or officers thereof as may be custodian of the public funds of the county. Said warrant to be payable to the solicitor-general of the Northeastern circuit."
Mr. Bynum of Rabun moves to amend HB 281 by striking section 10 therefrom
in its entirety and inserting in lieu thereof another section to be known as section 10, as follows:
"Section 10. This act shall not be effective until the expiration of the term of the present solicitor-general, and then not until the question shall be submitted to the qualified voters of each county of said circuit at the next general election. It shall be the duty of the ordinaries of each of said counties to provide tickets on which there shall be the words as follows: "For salary of solicitor-general" and "Against salary of solicitor-general." If a majority of the qualified voters of said circuit shall vote in favor of salary, said salary shall be effective. If a majority of said voters vote against said salary, the fee system shall remain effective."
Mr. Powell of Stephens moved that further consideration of HB 281 be m-
definitely postponed and the motion was lost.
l\1r. Park of Greene moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
Mr. Looper of Dawson moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 10, 1943

1139

Those voting in the affirmative were:

Adams Anderson Battles Barfield Bargeron Bennett Bentley Boynton Brewton Broome Brunson Burnside Bynum Campbell of Newton Campbell of Polk Cannon Cates Cheshire Connell Copland Curry Dallis Dalton Dorsey Dukes Dunn DuPree Dyal Easler Etheridge Fisher Fortson Gaskins Giddens Gilbert Gillis Goldberg Graham

Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hart of Thomas Hartness Hatchett Hefner Herndon Hill of Clarke Hill of Troup Horne Hubert Hurst Joiner Johnson of Pike Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Malone Martin Mason Maund Mcintosh McNall Medders Miller Mills Mitchell

Those voting in the negative were:

Alexander Bowen Bridges Culpepper

Daves Deal Drake Ennis

Nicholson of Oconee Nicholson of Richmond Norman Ogburn Overby Padgett Park Peck Pettit Phillips Pirkle Price Reid Reynolds Riddles purger Riley Rossee Roughton Rountree Rowland Russell Sharpe Sheppard Smiley Smith of Oglethorpe Smith of Washington Sparks Sumner Thompson Turner Weaver Welch Wells of Ben Hill Williams of Coffee Williams of Harris Wilson Yawn
Fussell Gardner Gavin Gholston

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JOURNAL OF THE HOUSE,

Gray Hardy Hightower Jennings of Terrell Johns Johnson of Chattahoochee Mankin McCracken

McEntire Mims Parker Powell Pruitt Roper Salter

Those not voting were:

Allison Alwood Baker Bates Boone Branch Burton Caldwell Chance Clark: Cowart Crummey Culpepper Daves Deal Dorsett Durden Edwards Elliott Ferguson Foster

Gaston Gowen Hand Harden Hart of Quitman Heard Hicks Hogg Holley Hooks Howard Jennings of Sumter Mabry Mavity McCamy Minchew Mixon Moate Moore of Baldwin Moore of Taliaferro

Sills Swint Thrash Thurmond Wells of Telfair Whipple Wilbanks of Habersham
Odom Oliver Pannell Porter Ray Rees Smith of Carroll Smith of Dougherty Smith of Muscogee Strickland Thigpen Thomas Waller Warnock: Wilbanks of Cherokee Williams of Gwinnett Willoughby Woodruff Wright Mr. Speaker

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

On the passage of the hill as amended, the ayes were 113, the nays 34.

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

Mr. Looper of Dawson asked unanimous consent that HB 281 he immediately transmitted to the Senate and the consent was granted.

Mr. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.

The Speaker Pro Tern. called the House to order. The following resolution of the House was read and adopted:

WEDNESDAY, MARCH 10, 1943

1141

HR 161. By Messrs. Swint of Spaulding, Fortson of Wiikes, and Mw;. Guerry of Macon:
A resolution memorializing Hon. Claude R. Wickard, secretary of agriculture, United States, and the Georgia delegation in Congress to remove restrictions of all farm crops essential to the war effort; and for other purposes.
Mrs. Mankin of Fulton requested that she be recorded as voting aye and the consent was granted.
HB 554. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:
A bill to be entitled an act to aid in co-ordinating national defense and state defense; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill of the House was taken up for the purpose of considering the Senate substitute:
HB 189. By Messrs. Etheridge, Kendrick, and Mrs. Mankin of Fulton:
A bill to be entitled an act to create a civil service board in Fulton county, to define the duties of said board; and for other purposes.
The following substitute of the Senate was read:
AN ACT
To create a civil service board in Fulton County, to provide for the appointment and removal of the members of said board and their qualifications, term of office and salaries; to prescribe the duties of the civil service board; to provide to what employees the provisions of this act shall be applicable; to provide for the classification and qualification of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; to provide for the holding of examinations under the provisions of this act; to provide for probationary period of employment; to provide how and in what manner and for what reason employees may be demoted, suspended or discharged; to provide for trials of employees charged with the violation of civil service rules or the provisions of this act; to provide a uniform procedure for handling the personnel affairs of such county; to provide for promotions, suspensions, reduction and removal of county employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records and furnishing of information in connection

1142

JOURNAL OF THE HOUSE,

with the uniform procedure herein prescribed; to prohibit county employees coming under the provisions of this act from doing certain things in violation thereof; to provide for the method whereby employees under the unclassified service may come under the classified service; to provide a penlllty for all persons violating the provisions of this act; to provide for a secretary to the board and define his powers and duties and prescribe a minimum salary for such secretary; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide leave for county employees in military service; to fix the responsibility for the conduct of the affairs of county government; to provide for the bonding of employees under classified service; to provide that the provisions of this act are separable in the event a portion thereof is declared unconstitutional; to provide for the repeal of conflicting laws; and for other purposes so as to provide a complete merit system for employees of Fulton County.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF SAME, THAT A CIVIL SERVICE SYSTEM IS HEREBY CREATED IN FULTON COUNTY, AS FOLLOWS:
Section 1. Index to civil service act.
. Section 2. Definitions.
Section 3. Appointment, removal, compensation and duties of the Fulton county civil service board.
Section 4. Appointment, removal, compensation and duties of the secretary, Fulton county civil service board.
Section 5. Unclassified s~rvice and classified service.
Section 6. Status of incumbents.
Section 7. Method of filling vacancies.
Section 8. Certification and appointment.
Section 9. Temporary and provisional appointment.
Section 10. Examinations.
Section 11. Ratings and eligibility.
Section 12. Promotions.
Section 13. Re-employment.
Section 14. Transfers.
Section 15. Demotions.

WEDNESDAY, MARCH 10, 1943

1143

Section 16. Suspensions. Section 17. Lay-offs. Section 18. Removals. Section 19. Appeals. Section 20. Political activity. Section 21. Residence. Section 22. Dismissal for violation. Section 23. Penalties. Section 24. Oaths. Section 25. Bonds of employees. Section 26. Constitutionality. Section 27. Effective date. Section 28. General Repeals.

Section 2. Definitions: The following terms, when used in this act, shall have the following meanings unless the context clearly requires otherwise:
( 1) "Classified Service" means all offices and positions of trust and employment in the service of Fulton county except those placed in the unclassified service of this act, and those covered by other civil service acts enacted heretofor. "Classified Service" shall not include office employees of the police, fire, and education department who are covered by the civil service rules of their departmnts. "Classified Service" shall include the employees of the county department of public welfare and health
only in the event that the terms and conditions specified in section 5 (II) hereinafter
are made operative.
(3) "Board" means the Fulton county civil service board.
(4) "Secretary" means the secretary of the Fulton county civil service board.
(5) "Appointing Authority" means the officer, commissions, boards, or bodies having the power of appointment, employment or election to, or removal from, subordinate positions in any office, department, commission, board of institution; or any person or group of persons having the power by virtue of the constitution, statute, or lawfully delegated authority to make appointments or employments to the positions in the Fulton county employment service.
(5) "County Commissioners" means commissioners of roads and revenue of Fulton county.

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JOURNAL OF THE HOUSE,

(6) "Position" means any office or place of employment in the service of Fulton county, Georgia.

(7) "Classified Employee" means any employee holding a position in the classified service.

(8) "Public Hearings" means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved.

Section 3. Appointment, removal, compensation and duties of the civil service board:

( 1) There is hereby created and established the Fulton county civil service board which shall consist of three members of known sympathy to the merit system who shall have been residents of Fulton county for two years or more. The initial members of the Fulton county civil service board shall be as follows:

George A. Giese-for term ending December 31, 1944.

Herman Steinichen-for term ending December 31, 1946.

G. Frank Garrison-for term ending December 31, 1948.

Thereafter all appointments for the civil service board shall he as follows: The

chairman of the Fulton county commission of roads and revenues shall nominate the

members of the board subject to confirmation by a majority vote of the county com-

missioners at its next regular meeting after said nominations are made. Such nomina-

tions shall be announced by publication in the official organ of the county at least one

week before said meeting of the county commission. All appointments shall he for a

term of six years, and the members shall serve until their successors have been ap-

pointed and qualified. The members shall annually elect one of their members as

chairman of the board and one member as vice-chairman. Two members of the board

shall constitute a quorum for the transaction of business. Vacancies in the office of

said civil service board created by death, resignation or otherwise shall be filled by

nomination of the chairman and confirmation by the board of county commissioners

a-fter publication as provided for regular appointments herein and such appointment

shall be for the unexpired term. No member of the board shall hold any other lucra-

tive office or employment under the United States Government, the State of Georgia,

or any political subdivision thereof, except the office of notary public or in the military

forces.

.

(2) A member of the board may be removed for cause after charges have been

filed with the county commission. Such charges must be filed in writing and a copy

furnished the member sought to be removed, the member shall he entitled to a public

hearing before the county commissioners, and removal shall be accomplishd only

after such hearing and a majority vote of the entire board of the county commis-

sioners.

(3) The members of the board shall be paid at the rate of ten dollars ($10.00) per diem for the time actually devoted to the business of the board, but no member

WEDNESDAY, MARCH 10, 1943

1145

shall be paid for more than thirty-six days of service for the first year after the effective date of this act, and thereinafter not more than twenty-four days of service in any one year.
(4) The board shall keep its office and shall hold its meetings in the Fulton county court house, and all of said meetings shall be open to the public. The board shall hold regular meetings at least once monthly, and as often in addition thereto as the board may provide.
(5) It shall be the duty of all officers having charge of public buildings of Fulton county to allow the reasonable use of space and room therein, and to heat and light for the holding of any examination or investigations provided for by this act in all proper ways to facilitate the work of the board. It shall be the duty of the board as a body:
(a) After a public hearing and proper investigation during which the county commissioners, appointing authorities, and the classified employees shall be afforded every opporturtity to be heard to adopt, rescind, and amend rules and regulations for the administration of this act; to set up a classification plan for all positions covered by this act, together with a minimum, intermediate and maximum salary schedule for such positions, which when adopted by a majority vote of the county commissioners, it shall be the duty of all appointing authorities and other employees of Fulton county to which these rules, regulations, classifications, plans, salary schedule, and any modifications thereof may relate to assist in all proper ways in carrying them into effect. The prevailing wage rate shall be the basic minimum salary schedule for skilled mechanics, holding positions in the classified service under this act. Notice of the contents of such rules, regulations, classification plan, salary schedule and any modifications thereof shall be given to all appointing authorities affected thereby, and shall be printed for public distribution.
(b) To hear and determine appeals and complaints respecting the administrative work of the secretary, filed with the board by any appointing authority or classified employee and such other matters as may be referred to the board by the secretary.
(c) To make such investigations as may be requested by the county commissioners where general Fulton county employees are affected, or on its own motion and to report thereon.
(d) To keep minutes of its own meetings and such other records as the board may deem necessary.
(e) To examine and approve or modify the annual report prepared by the secretary and submit such report to the county commissioners on or before the first day of December of each year transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this act, and to supervise generally the work of the secretary in the administration of the provisions of this act. Such report shall be made available to any interested groups.
Section 4. Appointment, removal, compensation and duties of the secretary:

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JOURNAL OF THE 'HOUSE,

( l) The board shall appoint a secretary. Such a secretary shall have been a resident of Fulton county for one year or more and shall be a person competent, trained, and experienced in the field of personnel administration and thoroughly in sympathy with the application of merit and sound business principles in the administration of personnel.
(a) The secretary shall appoint and supervise any necessary employees and incur necessary expenses for the administration of this act within the limits of the appropriation to be provided by the county commissioners. Provided, further, such appropriation shall be adequate for the proper administration of this act.
(b) The county commissioners shall provide adequate quarters for the board and the secretary to administer the provisions of. this act.
(2) All employees of the board shall be in the classified service established under this act and shall be employed in accordance therewith.
(3) The secretary shall take the oath of office prescribed for the county commissioners and give bond in the penal sum to be fixed by the county commissioners, for his faithful performance.
( 4) The secretary shall hold his off.ice during good behavior and may be removed only for cause after a public hearing by the board.
( 5) The secretary shall be paid a salary of forty-two hundred dollars ($4,200.00) per annum.
(6) It shall be his duty:
(a) To attend meetings of the board, to act as its secretary and to record its official actions.
(b) To prepare, recommend, and administer the civil service system, the rules, regulations, classification plan and salary schedule for the proper administration and execution of this act. The rules and regulations as adopted by the board, and approved by the county commissioners, shall govern the examination procedure, formulation of registers of eligibles, certification of persons qualified for appointment to the classified service, administration of appointments, transfers, demotions, promotions, suspensions, lay-off, re-employments, resignations, leaves of absence without pay, dismissals, and other matters pertaining to the proper administration of this act.
(c) To establish and maintain a roster of all officers and employees in the employ of Fulton county who are covered by this act, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent.
(d) To check all payrolls or other compensation for personnel service in the classified service periodically, at such times as the secretary, or the board, may deem consistent for the proper administration of this act.

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1147

'(e) To recommend to the board and the county commissioners proper classification of ne\v positions created in the Fulton county employment service covered by this act, according to duties and responsibilities.
(f) To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any investigation in connection with the administration of the provisions of this act.
(g) To make an annual written report to the board.
(h) To perform any other lawful act required to carry into effect the purposes and spirit of this act.
Section 5. Unclassified serv1ce and classified servK:e.
( I ) The unclassified service shall consist of the following:
(a) Officers elected by the people and persons appointed to fill vacancies in such elective offices.
( 1) Provided in the offices of the clerk of the superior court, tax receiver, tax collector, sheriff and ordinary, if the chief deputy in any of said offices should elect not to be a candidate in the succeeding election, he shall revent to his former status in the classified service.
(b) Members of the board or special commissions appointed by the county commissioners for special purposes, who serve without compensation.
(c) The clerk of the board of county commissioners.
(d) Persons temporarily appointed or designated to make or conduct special inquiry, investigation, or examination where such appointment or designation is certified by the board to be for employment which should not be performed by persons in the classified service.
(e) Election officials.
(f) Heads of departments elected or appointed by the county commissioners and/or by the judges of the superior court.
(g) The marshal of the civil court of Fulton county and the clerk of said court.
(h) Officers and employees in the department of police, fire and education having their own civil service or tenure rules.
(i) Seasonal employees whose employment does not exceed three months in any one year.
(j) Superintendents and assistant superintendents under the board of education, and other persons elected by said board of education for definite terms; librarians employed through the board of education; clerks in schools, and nurses, maids, and employees in cafeterias in schools.

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(k) Board of tax assessors, board of health, board of inspection steam fitters, board of public welfare, and jury commissioners.
(1) All employees of the solicitor general's office.
(rn) Assistant solicitors general, also assistant solicitors of the criminal court of Fulton County.
(n) Personal secretary of any judge of the superior, criminal, juvenile, or civil court of Fulton county and the official court reporters thereof.
(o) All employees of the Fulton county department of public works.
Provided further that the employees of any department of Fulton county under the unclassified service may come under the classified service and be governed by all of the provisions of this act and the rules and regulations of the civil service board created herein at any time in the future that the majority of the employees of said department shall sign a petition requesting to be so classified and file the same with the secretary of the board. Said department shall be deemed to be in the classified service from the date of said department shall automatically come under the provisions of this act as if they had been originally in the classified service as provided herein.
(2) The classified service shall include all other public officers and employees in the employ of Fulton county now or hereafter employed, including deputies and employees in the office of the clerk of the superior court, sheriff, tax collectors, tax receiver, ordinary, treasurer, civil court of Fulton county, criminal court of Fulton county, tax assessors, ju~enile court, adult probation office, employees of the sanitary department, and other not placed in the unclassified service. After the effective date of this act, all appointments, employments, removals, promotions, demotions, transfers, lay-offs, re-instatements, suspensions, leaves of absences without pay, and changes in grade or title in the classified service shall be made and permitted only as prescribed in this act, and not otherwise.
Employees of the county departments of public welfare and health shall be included under the county civil service system as set up herein, provided the state merit system council for the welfare and health departments shall examine the rules and regulations of the Fulton county system in so far as they are applicable to the county departments of public welfare and health and certify that such rules conform to the state welfare and health departments' merit system and the rules and regulations promulgated thereunder, and provided further that said rules and regulations in so far as they affect the county welfare and health departments shall be in conformity with the minimum standards of the federal social security act.
Provided further that the board shall be authorized to enter co-operative agreements with other federal, state, and municipal merit systems to permit use of registers and that the acquiring of status by individuals under any such system which has cornparable standards to the one established herein shall, as a result of agreement, give status under this or such other system.

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Section 6. Status of incumbents:
Any person holding a permanent positiOn m the classified service of Fulton county other than those already under separate civil service rules as herein defined on the effective date of this act, and any person who as of January 1, 1943, had been an employee of Fulton county for at least six months immediately preceding the effective date of this act, shall continue to hold such position subject to the provisions of this act and shall be deemed to be qualified for such employment and shall be entitled to receive a regular permanent appointment in accordance with the provisions of this act provided that he shall file with the civil service board within ninety (90) days after the effective date hereof a written certificate which shall include a complete history of his employment record on forms which shall be prescribed by the board. Provided, however, that in the event the Fulton county welfare department and health department shall be covered under this system only those employees of the welfare and health departments who, at the time of said covering under this system, have already received a permanent position under the state merit system shall be entitled to a permanent posi~ion without further examination under the Fulton county system.
Any person entering the service of the United States and covered by the Soldiers and Sailors' Relief Act of Congress shall be conclusively presumed to have been on furlough or leave of absence during his period of service in the armed forces of the United States and shall be restored to his or her former or comparable position without loss of seniority, provided:
(a) He does not voluntarily extend his period of training and service beyond the expiration of his term during the present emergency.
(b) He is still physically and mentally qualified to perform the duties of such position.
(c) He makes application for re-employment within six months after his honorable discharge from the armed forces of the United States.
Provided, further, that all employees of Fulton county coming under the provisions of the classified service who have entered the service of the United States Government as specified herein and who at the time of their entrance had been regular employees of Fulton county for a period of at least six months prior to entering said service, shall be deemed as regular employees c~ming under the classified service as provided in this act and shall be entitled to all benefits provided hereby.
This provision shall not apply to employees who voluntarily re-enlist at the expiration of the present emergency.
Section 7. Methods of filling vacancies.
Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The secretary may advise with the appointing authorities as to which of these methods should be employed in each instance, but the decision shall rect with the appointing authority,

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JOURNAL OF THE HOUSE,

provided, that temporary appointments may be made only in accordance with the provisions of this act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical.
Section 8. Certification and appointment.
Whenever a vacancy is to be filled by regular appointment, the appomtmg authority shall submit to the secretary a statement of the duties of the position and a request that the secretary certify to him the names of persons eligible for appomtment to the position. The secretary shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established, and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the secretary that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if these be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, fn the event he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the secretary deems to be appropriate for the class in which the position is established, the secretary shall proceed to prepare such an eligible register as soon as possible after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the secretary, after investigation, may with the approval of the board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this act shall be for a pro-' bationary period of not exceeding six months, but the secretary and the appointing authority may extend such probationary period to one year, except in the case of employees of the county departments of public welfare and health, whose probationary appointments shall in no event exceed six months. If during this probationary period, the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the secretary shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment.
Section 9. Temporary and provisional employment.
Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the secretary. If such nominee is found by the secretary to have had experience and training which appears to qualify him for the position, he may be temporarily appointed to such vacancy, but only until an appropriate eligible register can be established and an appointment made therefrom, provided that the secretary with the approval of the board may approve a provisional appointment to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from

WEDNESDAY, MARCH 10, 1943

1151

the eligible register. Successive temporary appointments for more than six months at a time shall not be made except with the approval of the board, and then only in the interest of good service; provided, however, that no person shall be given a temporary or provisional appointment unless that person shall be found to have at least sufficient minimum qualifications to qualify to take the examination for the position to which he is provisionally appointed.
Section 10. Examinations.
Each eligible register shall consist of a list of all persons who have shown that they possess the qualifications and have passed the tests which entitle them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or may be in the form of actual demonstration of fitness as the secretary, with the approval of the board, may determine. Such test shall be competitive, practical, free and open to all persons, citizens of Fulton county, who may be lawfully appointed to any position in the class to which they are held, with such limitations as to age, health, habits, character, and other qualifications as may be considered desirable and specified in the public announcement of the test. The secretary shall establish or create examination committees from qualified persons to assist him in giving tests. Public notice of the time, place, and general scope of every test shall be given.
Section 11. Rating and eligibility.
Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these pap"ers, no person shall willfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under this act, or willfully or corruptly make any false representation concerning the persons examined, or willfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their names shall be placed on the proper register according to their attained ratings. The term of eligibility shall be one year, commencing with the date on which the name of ligible is entered on the register. This term may be extended in the discretion of the secretary for all those on any register when conditions of good administration render it inexpedient to hold a new examination.
Section 12. Promotions.
Promotions of employees to positions having a different and higher classification covered by this act shall be made only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the secretary at the request of the appointing authority.
Section 13. Re-employment.

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( 1) Whenever any employees in the classified service, who has been performing his duties in a satisfactory manner as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the secretary and the head of the department or other agency under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the secretary shall cause the name of such employee to be placed on the re-employment list within three years theraafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be in the order according to dates of applications for re-employment. No person shall be reinstated or have his name restored to a re-employment list unless such resignation is withdrawn within three years after it has been presented and accepted.
All employees under the classified service who may hereafter enter the service of the United States as specified herein shall upon being honorably discharged therefrom be eligible for re-employment under the classified service as provided in this act and shall be restored to their former positions, provided, however, they file application with the board within six months from date of such discharge.
This provision shall not apply to employees who voluntarily re-enlist in the service of the United States at the expiration of the present emergency.
(2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the secretary in such form as may be prescribed by the board a request that the secretary certify to him the names of persons eligible for re-employment in the class in which the vacant position is established. The secretary shall immediately certify to the appointing authority the naines of persons on appropriate registers.
Section 14. Transfers.
A nappointing authority may, at any time, transfer any classified employee under hins jurisdiction from one position to another in the same classification, provided that the secretary has authorized the transfer of the employee from one department to another and has received approval from both appointing authorities concerned. In every such case the appointing authority shall give written notice of this action to the secretary. No transfer shall be made to a competitive position in the classified service above the lowest grade, unless the appointing authority shall certify to the secretary, who shall make proper investigation therewith that the position involved cannot be adequately filled by promotion from the personnel in the respective department.
Section 15. Demotions: An appointing authority may in accordance with the rules and regulations established by the board, demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee and the secretary have been notified in writing of such contemplated action. Any employee so demoted shall have the right to appeal his de-

WEDNESDAY, MARCH 10, 1943

1153

motion to the board. The board can then approve his demotion or reinstate him to his former position if, in its opinion, the demotion is not justified.
Section 16. Suspensions: An appointing authority may in accordance with the rules and regulations established by the board, upon giving written notice to an employee and the secretary, suspend for cause a classified employee for disciplinary purposes without pay for a period not to exceed thirty (30) days in any twelve months' period.
Section 17. Lay-off and leave of absence without pay:
An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual condition or shortage or stoppage of work or funds. In every case of this kind, the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and the secretary. Any person who has been appointed to a position in the classified service, or who shall have attained a civil service status under the provisions of this act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the act, shall have his name placed on an appropriate reemployment register. Leave of absence for a period not to exceed six consecutive months may be granted to any employee without pay upon request of the employee when approved by the appointing authority.
Any leave of absence for a period in excess of six consecutive months as provided herein shall be obtained only with the approval of the board.
Section 18. Removal: Any appointing authority may dismiss a subordinate in the classified service for cause, upon filing with the board copy of written notice furnished the employee to be removed, setting forth in detail the reasons for such action, before the effective date of such removal. The dismissed mployee shall have an opportunity to answer the charges in writing within ten ( 10) days, and to file with the board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the appointing authority shall be final, except the board may reinstate an officer or employee so removed in case it appears after proper hearing that the removal was made for personal, political, or religious reasons and not justified. The board may, after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or re-employment of the employee involved either to the same position, if approved by the appointing authority, or to a lower position as the board may direct. Provided, however, the board within thirty (30) days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, reopen the case and vacate, modify or revise its former order so as to lessen, but not increase, the penalty imposed, but after the end of such thirty (30) days, the board shall not have any authority to reopen such case for any cause.
Section 19. Appeals: Whenever the secretary refuses to examine an applicant or after examination to certify an eligible, as provided in this act, then the secretary,

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if requested by the person so effected, shall give to him a full and explicit statement of the exact cause for such refusal to examine or certify as the case may be. The person so rejected may ask for a review of the case by the board, which shall be granted, and said board by a majority vote, shall have power to render a final decision in writing to the person asking for the review. Such decision of the board shall be binding on all concerned.
Section 20. Political activity and recommendations: In applying the prov1s10ns of this act or in doing any of the things herein provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendations for any person who applies for office or position in the classified service, or for examination under the provisions of this act, except as to character, and in the case of former employees as to ability, shall be considered by the board, the secretary or the appointing authority, in giving any examination, appointment, promotion, or reinstatement under the act.
Section 21. Residence: Positions in the classified service shall be filled by citizens of Fulton County, who have been residents of Fulton county for at least two years immediately preceding the date of examination. In the discretion of the board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of Fulton county cannot be obtained. Removal of residence outside of Fulton county shall be grounds for removal unless permission to remove residence is granted for just cause by the board and approved by the county commissioners.
Section 22. Dismissal for violation: Any person in the classified service violating any provision of this act may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the board prior to said dismissal.
Section 23. Penalties: Any person who shall willfully or corruptly violate any of the provisions of this act shall be guilty of a misdemeanor, and shall on conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for re-employmen, reinstatement, or reappointment for a period of three years, from date of such conviction.
Section 24. Oaths: The board and all employees in the classified service shall take the oath of office as prescribed by law for their respective positions. The board and the secretary are authorized to administer oaths.
Section 25. Bonds of employees under classified service:
( 1) Any employee under classified service who is employed in any department under the control and office of an elected officer who is or may be responsible for

WEDNESDAY, MARCH 10, 1943

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the acts of such employee as a deputy, may be required as a condition of his employment to give bond with good security in an amount satisfactory to the head of such department, conditioned to indemnify such officer or head against loss by reason of the conduct of such employee or deputy, or because of any error made by any employee or deputy in the performance of his or her duties as an employee or deputy. The premium of said bond shall be paid by the treasurer of Fulton county.
(2) Should the amount of bond required be deemed by the board arbitrary, unreasonable or oppressive, an appeal shall lie to the superior court, which shall have the authority to set the amount of such bond.
( 3) The board shall have the right in its discretion to require bonds of employees other than those specified in the preceding sections, where the duties of such employee make a bond necessary or desirable, but this provision shall not forbid the county commission or other authority coming under county government to require any employee handling funds or performing duties of trust to post bonds.
Section 26. Constitutionality: Should any section or provision of this act be held unconstitutional or invalid, such section or provision shall not affect the validity of this act as a whole or any part thereof other than the part so held to be unconstitutional.
Section 27. Effective date: This act shall take effect June 1, 1943.
Section 28. General repeal: All acts and parts of acts which are inconsistent with the provisions of this act are hereby repealed.
Mrs. Mankin of Fulton moved that the House adopt the Senate substitute for HB 189.
On the motion to adopt the Senate substitute for HB 189, the ayes were 107, the nays 0.
The motion prevailed and the Senate substitute for HB 189 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, read the third time and placed upon their passage:
HB 553. By Messrs. McCracken of Jefferson, Durden of Dougherty, and Gowen of Glynn:
A bill to be entitled an act to provide for the wartime mobilization of paid volunteer and auxiliary firemen and prescribing the powers, duties and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.

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The bill having received the requisite constitutional majority was passed.

Mr. Medders of Bacon arose to a point of personal privilege.

HR 125-545A. By Mr. Parker of Walton:
A resolution authorizing the state library to furnish to the clerk of the superior court of Walton county, without cost to said county, certain enumerated volumes of the Georgia supreme court a~d court of appeals; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 110, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

HB 158. By Mr. Riddlespurger of Colquitt:

A bill to be entitled an act to require the preparation and publication of the receipt and disbursement of public funds by fiscal authorities; and for other purposes.

Mr. Culpepper of Fayette moved that further consideration of HB 158 be postponed until March 11, 1943 and the motion prevailed.

HB 577. By Messrs. Anderson of Wayne, Rowland of Johnson, Ferguson of Camden and Gowen of Glynn:

A bill to he entitled an act to make it a felony to maliciously and willfully fire the woods; and for other purposes.

Mr. Allison of Gwinnett moved the previous question, the motion prevailed and

the main question was ordered.

-

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

On the passage of the bill, the ayes were 114, the nays 5.

The bill having received the requisite constitutional majority was passed.

HR 146-600A. By Mr. Grayson of Chatham:

A RESOLUTION

Proposing to the people of Georgia that article III, section VII, of the Constitution of Georgia he amended by providing that neither the State of Georgia, nor any county or city or political subdivision thereof, shall maintain any civil service scheme for the appointment, promotion, demotion, .suspension, or discharge of personnel in public employment which fails to provide for honorably discharged veterans of any war period preferences as to

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examinations, establishment of grades, appointments, demotions, and suspensions equal to preferences accorded such veterans under federal civil service laws, and regulations of the United States civil service commission; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section l. That the General Assembly of Georgia proposes to the people of Georgia that article III, section VII, of the Constitution of Georgia be amended by adding thereto a new paragraph to be known as paragraph XXVI, which will read as follows:
"Neither the State of Georgia, nor any county or city or political subdivision thereof, shall maintain any civil service scheme for the appointment, promotion, demotion, suspension, or discharge of personnel in the public employment which fails to provide for honorably discharged veterans of any war period preferences as to examinations, establishment equal to preferences accorded such veterans under federal civil service laws, and regulations of the United States civil service commission."
Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses in the General Assembly, the same shall be entered upon 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 an act of the General Assembly approved March 24, 1939.
The following committee substitute was read and adopted:
A RESOLUTION
Proposing to the people of Georgia that article III, section VII, of the Constitution of Georgia be amended by providing that neither the State of Georgia, nor any political subdivision thereof, shall originate or maintain any civil service scheme which fails to provide for honorably discharged veterans of any war and to require the said state of Georgia and the political subdivisions thereof to provide equal preferences accorded to veterans of all wars as provided by federal civil service laws; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section l. That the General Assembly of Georgia proposes to the people of Georgia that article III, section VII, of the Constitution of Georgia be amended by adding thereto a new paragraph to be known as paragraph XXVI, which will read as follows:
"Neither the State of Georgia, nor any political subdivision thereof, shall inaugurate or maintain any civil service scheme of any nature whatever which fails to provide for honorably discharged veterans of any war, and the said State of Georgia, or any political subdivision shall, if a civil service scheme is originated or is already in force, shall provide equal preference according to such veterans as now exist under federal civil service laws."

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Section 2. That when this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses in the General Assembly, the same shall be entered upon 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 an act of the General Assembly approved March 24, 1939.

The report of the committee, which was favorable to the adoption of the resolution, by substitute, was agreed to.

The resolution being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison Alwood Anderson Baker Bates Barfield Bargeron Bennett Bentley Boone Boynton Branch Brewton Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Connell Copland Cowart Crummey Culpepper Curry

Dallis Dalton Daves Deal Dorsey Drake Dunn DuPree Durden Dyal Easler Edwards Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones

Greene of Schley Guerry Guyton Hagan Hardy Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Troup Hooks Hubert Hurst Jennings of Terrell Johnson of Chattahoochee Johnson of Pike Kelly of Thomas Kelly of Walker Key Knabb Knabb Littlejohn Livingston Looper Malone Mankin Martin McCamy McCracken

WEDNESDAY, MARCH 10, 1943

1159

McEntire Mcintosh McNall Medders Mims Minchew Mitchell Mixon Moate Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Ogburn Overby Padgett Pannell Park Parker Phillips

Pirkle Porter Powell Price Pruitt Ray Reid Reynolds Rossee Rountree Rowland Russell Salter Sharpe Sheppard Sills Smith of Dougherty Smith of Oglethorpe Sparks

Strickland Sumner Swint Thomas Thompson Thrash Waller Warnock Welch Wells of Ben Hill Wells of Telfair Whipple Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Woodruff Yawn

Those voting in the negative were:

Battles Jones

Norman Weaver

Wilson

Those not voting were:

Bowen Burton Clark Dorsett Dukes Elliott Hand Harden Hart of Quitman Hill of Clarke Hogg Holley Horne Howard Jennings of Sumter Joiner

Johns Johnston Kendrick Mabry Mason Mavity Maund Miller Mills Moore of Baldwin Odom Oliver Peck Pettit Rees

Riddlespurger Riley Roper Roughton Smiley Smith of Carroll Smith of Muscogee Smith of Washington Thigpen Thurmond Turner Wilbanks of Cherokee Wilbanks of Habersham Wright Mr. Speaker

By unanimous consent the verification of the roll call was dispensed with. On the adoption of the resolution, by substitute, the ayes were 154, the nays 5.
The resolution having received the requisite constitutional two-thirds majority was adopted, by substitute..

1160

JOURNAL OF THE HOUSE,

Mr. Medders of Bacon asked unanimous consent that HB 358 be taken from the table and placed upon the calendar.
Objection was heard.
Mr. Medders of Bacon moved that HB 358 be taken from the table and placed on the calendar.
On the motion to take from the table, the ayes were 93, the nays 48.
The motion prevailed and HB 358 was placed at the foot of the calendar.
Under the order of business previously established, the following bills and resolutions of the House were taken up for consideration, read the third time and placed upon their passage:
HB 584. By Messrs. Hubert, Broome, and Turner of DeKalb:
A BILL
An Act to amend Paragraph 2, of Section 6, of Article 7 of the Constitution of the State of Georgia by directing the County Authorities of .DeKalb County to levy a tax not exceeding one mill for educational purposes throughout the entire County in addition to all tax now levied for such purposes subject to the approval of the voters of DeKalb County in a special election. to be called by the Ordinary, and for other purposes.
I
BE IT ENACTED by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same:
Section 1. The Constitution of this State is hereby amended as follows; by adding to Paragraph 2, of Section 6, of Article 7 of the Constitution the following words, to wit: "Upon the request of the Board of Education of DeKalb County, the County authorities thereof are hereby directed to levy in addition to all other taxes now levied by law, a tax not exceeding one mill for educational purposes, on all the taxable property throughout the entire County, including territory embraced in independent school systems, the same to be appropriated to the use of the County 1Board of Education and to the educational work directed by them. If the people ratify this amendment and proclamation of the same is made by the Governor of this State at the next General election as hereinafter provided, the Ordinary of DeKalb County shall within thirty days after said proclamation call a special election to be held within twenty days after such call. At said special election the sole question to be submitted to the voters of DeKalb County shall be whether or not said Act shall become operative in said County and if a majority of the voters qualified to vote for members of the General Assembly in said County, voting in said election, approve this Act, then said tax shall be levied as above set forth. If a majority of said voters, voting in said election, in said County fail to approve this Act, then said Act shall not become operative."
Section 2. Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution shall have been agreed to by two-

WEDNESDAY, MARCH 10, 1943

1161

thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the ayes and nays taken thereon, the Governor shall he and he is hereby authorized and instructed to cause such amendment to he published in one or more newspapers in each Congressional District of this State for two months next preceding the time of the holding the next general election.

Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall he submitted for ratification or rejection to the electors of this State at the next general election to he held after the publication as provided for in the second section of this Act, in the several election districts of this State at which election every person shall he qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their
ballots the words, "For ratification of amendment to Paragraph 2 of Section 6 oi
Article 7 of the Constitution authorizing one mill county-wide tax for educational purposes in DeKalh County if approved by the voters of said County;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Paragraph 2 of Section b of Article 7 of the Constitution Authorizing one mill county-wide tax for educational purposes in DeKalh County if approved by the voters of said County." If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall he made in like manner as returns for members of the General Assembly, and it shall he the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment he ratified, make proclamation thereof.

Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act he and the same are hereby repealed.

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

The hill b~ing a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were:

Adams Alexander Allison Alwood Anderson Baker Bates Bennett Boone

Boynton Branch Brewton Bridges Broome Brunson Burnside Bynum Caldwell

Campbell of Polk Cannon Cates Chance Cheshire Connell Copland Cowart Crummey

1162
Culpepper Curry Dallas Dalton Daves Deal Dorsey Drake Dukes Dunn DuPree Durden Dyal Easler Edwards Elliott Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hardy Hart of Thomas Hartness Hatchett

JOURNAL OF THE HOUSE,

Heard

Park

Hefner

Parker

Herndon

Pettit

Hicks

Phillips

Hightower

Pirkle

Hill of Clarke

Porter

Hogg

Powell

Hooks

Price

Horne

Pruitt

Hubert

Ray

Jennings of Terrell

Reid

Johnson of Chattahoochee Reynolds

Johnson of Pike

Roughton

Jones

Rountree

Kelly of Thomas

Rowland

Kelly of Walker

Russell

Kendrick

Salter

Key

Sharpe

Knabb

Sheppard

Littlejohn

Sills

Livingston

Smith of Dougherty

Looper

Smith of Oglethorpe

Malone

Smith of Washington

Mankin

Sparks

Martin

Strickland

Mason

Sumner

McCamy

Thomas

McCracken

Thompson

McEntire

Thrash

Mcintosh

Thurmond

McNall

Waller

Medders

Warnock

Mims Minchew

. Weaver
Welch

Mitchell

Wells of Ben Hill

Mixon

Wells of Telfair

Moate

Whipple

Moore of Taliaferro

Williams of Coffee

Nicholson of Oconee

Williams of Gwinnett

Nicholson of Richmond Williams of Harris

Norman

Willoughby

Ogburn

Wilson

Overby

Woodruff

Padgett

Yawn

Pannell

WEDNESDAY, MARCH 10, 1943

1163

Those not voting were :

Battles Barfield Bargeron Bentley Bowen Burton Campbell of Newton Clark Dorsett Hand Hand Hart of Quitman Hill of Troup

Hurst Joiner Johns Johnston Mabry Mavity Maund Miller Mills Moore of Baldwin Odom Oliver Peck

Riddlespurger Riley Roper Rossee Smiley Smith of Carroll Swint Thigpen Turner Wilbanks of Cherokee Wilbanks of Habersham Wright Mr. Speaker

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

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

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

HR 92-430A. By Messrs. Copland, Smith and Elliott of Muscogee and Durden of Dougherty:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia; for ratification or rejection, an amendment to paragraph 1, Section 16, of Article 6 of the Constitution of the State of Georgia, which determines venue in divorce cases by adding the following at the end of said paragraph; "Provided that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or Military Reservation."

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. Upon approval of this resolution in the manner hereinafter provided that paragraph one of section 16, article 6 of the Constitution of the State of Georgia, which appears as Section 2-4301 of the code of 1933, which reads as follows: "Divorce cases shall be brought in the county where the defendant resides if a resident of this State; if the defendant be not a resident of this State, then in the County in which the plaintiff resides," shall be amended by adding at the end thereof the following; "provided, that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county

1164

JOURNAL OF THE HOUSE,

adjacent to said United States Army Post or Military Reservation." so that said paragraph when amended shall read as follows:

"Divorce cases shall be brought in the county where the defendant resides if a resident of this State; if the defendant be not a resident of this State, then in the County in which the plaintiff resides; provided, that any person who has been a resident of any United States Army Post or Military Reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States Army Post or Military Reservation."

Section 2. When said amrndment shall be agreed to by two-thirds vote of each House with the "Ayes" and "Nays" thereon entered on their respective journals shall be published and submitted to the qualified voters of the State of Georgia for ratification or rejection at the next general election, at which Constitutional am~nd ments may be voted on, and if adopted the results shall be declared and the amendment proclaimed as a part of the Constitution of the State of Georgia, as provided by the Constitution and laws relating to Constitutional amendments.

The report of the committee, which was favorable to the adoption of the resolhtion, was agreed to.

The resolution being a constitutional amendment which requires a two-thirds majority, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison Alwood Anderson Baker Bates Bennett Boone Boynton Branch Brewton Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cannon

Chance Cheshire Connell Copland Cowart Crummey Curry Dallis Dalton Daves Deal Dorsey Drake Dukes Dunn DuPree Dyal Easler Ennis Etheridge Ferguson

Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gavin Giddens Gilbert Gillis Goldberg Gowen Graham Gray Guerry Guyton Hagan Hart of Thomas Hartness Hatchett

WEDNESDAY, MARCH 10, 1943

1165

Heard Hefner Herndon Hicks Hightower Hill of Clarke Hogg Hooks Horne Hubert Jennings of Terrell Joiner Johnson of Pike Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Malone Mankin Martin McCamy

McCracken McEntire Mcintosh McNall Mims Minchew Mitchell Moate Nicholson of Richmond Overby Padgett Pannell Park Parker Pettit Phillips Pirkle Porter Powell Pruitt Ray Reid Reynolds Riley Rossee

Roughton Rowland Russell Salter Sharpe Sills Smith of Dougherty Smith of Oglethorpe Smith of Washington Sparks Sumner Swint Thomas Thompson Thrash Thurmond Weaver Welsch Williams of Coffee Williams of Gwinnett Willoughby Wilson Woodruff Yawn

Those not voting were :

Battles Barfield Bargeron Bentley Bowen Burton Cates Clark Culpepper Dorsett Edwards Elliott Gholston Grayson Greene of Jones Greene of Schley Hand Harden Hardy

Hart of Quitman

Nicholson of Oconee

Hill of Troup

Norman

Holley

Odom

Howard

Ogburn

Hurst

Oliver

Johns

Peck

Johnson of Chattahoochee Price

Johnston

Rees

Jones

Riddlespurger

Mabry

Roper

Mason

Rountree

Mavity

Sheppard

Maund

Smiley

Medders

Smith of Carroll

Miller

Smith of Muscogee

Mills

Strickland

Mixon

Thigpen

Moore of Baldwin

Turner

Moore of Taliaferro

Waller

1166

JOURNAL OF THE HOUSE,

Warnock Wells of Ben Hill Wells of Telfair

Wilbanks of Cherokee Wilbanks of Habersham Williams of Harris

Wright Mr. Speaker

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

On the adoption of the resolution, the ayes were 139, the nays 0.

The resolution having received the requisite constitutional two-thirds majority was adopted.

HR 119-SllA. By Messrs. Rossee of Putnam and Crummey of Wilcox:
A resolution by the House of Representatives, the Senate concurring that the Commissioner of Agriculture, State of Georgia, shall in his discretion, have the power and authority to promulgate rules and regulations in conformity with orders, rules and regulations issued by the War Production Board relative to textile and paper shipping bags and their weight capacities; 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 114, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

HB 422. By Messrs. Key of Jasper, and Dorsey of Cobb:
A bill to be entitled an act to amend chapter 92-30 of the code of Georgia, entitled "Income taxes" as amended by an act approved March 30, 1937; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 606. By Mr. Mims of Miller:
A bill to be entitled an act to amend section 114-101 of the code by adding thereto a provision that all employees of the State of Georgia be placed under workmen's compensation laws of Georgia; and for other purposes. The report ~f the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 3.
The bill having received the requisite constitutional majority was passed.

WEDNESDAY, MARCH 10, 1943

1167

HB 407. By Mr. Chance of Twiggs:
A bill to be entitled an act to protect the timber lands of this state by making it the duty of the maintenance patrolman to require that all shoulders be burned off; and for other purposes.
The following amendment was read and adopted:
Mr. Thompson of Meriwether moves to amend HB 407 by striking paragraph 3 of said bill and inserting in lieu thereof a new paragraph No. 3 as follows: Failure of the patrolman to burn off the shoulders shall be grounds for his discharge.
Mr. Allison of Gwinnett moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following resolution of the House was read and adopted:
HR 162. By Messrs. Gowen of Glynn, Ferguson of Camden, Culpepper of Fayette, Caldwell of Troup, and Elliott of M uscogee:
A RESOLU':(ION
Whereas, our speaker, Honorable Roy V. Harris is ill and is confined to his bed in one of the hospitals of Atlanta and consequently cannot discharge his duties as our presiding officer, therefore
Be it resolved that the House deeply regrets the illness of our speaker, but is pleased to be informed that he is well on the road to complete recovery. The speaker pro tern is requested to convey to our speaker our best wishes for his recovery and to assure him that we miss him and hope that he will soon be with us again.
Mr. Culpepper of Fayette moved that the House do now adjourn and the motion prevailed.
The speaker pro tern announced the House adjourned until tomorrow morning at 10:00 o'clock.

1168

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia.
Thursday, March ll, 1943.
The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker pro tern and opened with a prayer by the chaplain.
Mr. Reynolds of Clayton asked unanimous consent that the call of the roll be dispensed with.
The consent was granted and 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: l. Introduction of bills and resolutions. 2. First reading and reference of House bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. First reading and reference o1 Senate bills.
6. Third reading and passage of uncontested local bills.
The following message was received from the Senate through Mr. Nevin, 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:
SB 56. By Senator Lester of the 18th: A bill to provide for the application for marriage licenses, and the marriage of persons within this state; and for other purposes.
SB 167. By Senators Gross of the 31st, Pope of the 7th, Atkinson of the lst and others:
A bill to amend an act creating the state park authority (Ga. laws 1941, pp. 257-273) and for other purposes.
SB 192. By Senators Jones of the 3rd and Ansley of the lOth: A bill to amend an act entitled "Georgia unemployment compensation law,"

THURSDAY, MARCH 11, 1943

1169

approved March 29, 1937, as amended by an act approved January 25, 1938, and as further amended by an act approved March 21, 1931; and for other purposes.
SR 56. By Senators Preston of the 27th, Gross of the 31st, Atkinson of the 1st and others:
A resolution proposing to th& qualified voters of Georgia for ratification or rejection an amendment to article V, section 1, paragraph IV, of the Constitution of Georgia providing that the returns of every election of Governor shall be in such manner as is prescribed by the General Assembly.
SR 62. By Senators Kimbrough of the 25th, Simmons of the 8th, and others:
A resolution resolving that R. F. Burch be granted permission to proceed against the state in the courts in an effort to legally establish his claim.
HB 59. By Mr. Strickland of Haralson:
A bill 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 by enlarging said powers and duties so as to authorize said board to promote the establishment of school for adult illiterates; and for other purposes.
HB 118. By Messrs. Smith and Durden of Dougherty:
A bill to amend section 92-2014 of the code of Georgia of 1933, by striking said section, which reads as follows: "Miniature pool tables. Any person or corporation operating a miniature pool table etc." And substituting a new section; and for other purposes.
HB 361. By Messrs. Broome, Hubert, Turner of DeKalb:
A bill to provide for the examination for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000; and for other purposes.
HB 388. By Messrs. Dorsey and Welsch of Cobb:
A bill to amend Ga. laws, 1937-1938, p. 156 et. seq., by amending section 11 (d) thereof to provide that municipalities, having independent school systems, may pay part of the revenue derived from taxes on intangible personal property over to said independent school systems; and for other purposes.
HB 525. By Messrs. Durden and Smith of Dougherty and others:
A bill to grant leave of absence to Solicitor Generals who have to leave their positions to enter the armed forces; and for other purposes.

1170

JOURNAL OF THE HOUSE,

HB 541. By Mr. Reynolds of Clayton:
A bill to provide for and fix the hours of keeping open of polls in general, special, primary and other elections at precincts in counties having not less than 11,600 and not more than 11,700 population; and for other purposes.
HB 557. By Mr. McCracken of Jefferson:
A bill 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 not less than 20,040 and more thin 20,075; and for other purposes.
HB 558. By Mr. Wilbanks of Cherokee:
A bill to provide payment by counties having a population of not less than 20,120 nor more than 20,130, 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.
HB 573. By Mr. Gray of Houston:
A bill to provide that in all counties having a population between 11,300 and 11,305 persons, the board of commissioners of roads and revenues shall divide the county into five districts; to provide that one member of the board of education shall be elected from each said district; and for other purposes.
HB 580. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to amend an act entitled "An act to provide pensions for police and firemen in counties having a population of 200,000 or more; and for other purposes.
HB 586. By Mr. Norman of Henry:
A bill to amend an act approved Aug. 8, 1921, as amended by an act approved Aug. 18, 1924, by striking and repealing the words "two hundred and twenty-five dollars per annum; and substituting in lieu thereof the words and figures "Two hundred and seventy ($270.00); and for other purposes.
HB 587. By Mr. Norman of Henry:
A bill to amend an act entitled "Henry board of commiSSIOners created" approved August 8, 1921, by striking and repealing the words "Fifty dollars per month for his services as clerk of said board," and inserting in lieu ther~of the words "Sixty-five dollars per month for his services as clerk of said board; and for other purposes.
HB 588. By Mr. Clark of Catoosa:
A bill to create and establish a new charter for the Town of Ringgold in the County of Catoosa; and for other purposes.

THURSDAY, MARCH 11, 1943

1171

HB 590. By Mr. Mcintosh of Mcintosh:
A bill to authorize the City of Darien to close a certain portion of a street within said City of Darien; and for other purposes.
HB 597. By Messrs. Kelley and Hart of Thomas:
A bill to amend the charter of the City of Thomasville; and for other purposes.
HB 599. By Mr. Reynolds of Clayton:
A bill to repeal an act entitled "Clayton commissioners' pay," to repeal conflicting laws; and for other purposes.
HB 600. By Messrs. Campbell and Livingston of Polk:
A bill to amend an act of the General Assembly of Georgia, entitled; "An act to amend, consolidate and supersede the several acts incorporating the Town of Rockmart, in County of Polk"; and for other purposes.
HB 604. By Mr. Miller of Lanier:
A bill to abolish the county court of Lanier, provide for transfer of all business now pending in said court; and for other purposes.
HB 605. By Mr. Miller of Lanier:
A bill to provide for the holding of four terms each year of Lanier superior court, to provide for grand jury; and for other purposes.
H B 608. By Messrs. Welsch and Dorsey of Cobb: A bill to amend an act cr~;ating a new charter for the mayor and council and of the Town of Smyrna by changing the name and official designation of the municipality from the mayor and council of the Town of Smyrna to City of Smyrna; and for other purposes.
HR 102. By Messrs. Brewton of Evans, Howard of Long, and others:
A resolution requesting the federal government to inclose the area comprising the Camp Stewart anti-aircraft. base with a fence or fencing sufficient to keep cattle and hogs from entering said area; and for other purposes.
HR 111. By Messrs. Weaver, Barfield, and Wilson of Bibb:
A resolution proposing to the qualified voters of Georgia an amendment to article 11, sectoin l, of the constitution of this state by adding at the end of said section a new paragraph so as to authorize the governing authorities of the county of Bibb to establish, re-establish, and administer special districts for sanitation; and for other purposes.

1172

JOURNAL OF THE HOUSE,

HR 137. By Mr. Gilbert of Glynn:
A resolution to authorize the state properties commission to sell all of the right, title, and interest which the State of Georgia has or may have in and to a tract of marsh land containing 930 acres, more or less, in Glynn county, Georgia; and for other purposes.
HR 142. By Messrs. Gilbert and Gowen of Glynn:
A resolution to declare the proper name of a certain island in Glynn county, Georgia, to be "Sea Island"; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House to wit:
HB 589. By Messrs. Gowen and Gilbert of Glynn:
A bill to authorize the commission of the City of Brunswick to close the alley between sections nine and ten of the Dart Homestead tract; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:
HB 136. By Mr. Looper of Dawson:
A bill to prevent syphilis in the unborn child; to require every physician attending or every other person permitted by law to attend pregnant women to take or cause to be taken. a specimen of blood of such pregnant women for submission to an approved laboratory for a standard serologic test for syphilis; and for other purposes.
HB 333. By Mr. Dyal of Appling, Adams of Wheeler and others:
A bill to amend section 65-203 and 65-206 of the code of Georgia of 1933, relating to non-profit cooperative associations under the act of 1921 so as to permit the granting of charters to such associations for a term of not to exceed 50 years; and for other purposes.
HB 437. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to create and establish for DeKalb county, a DeKalb county waterworks advisory board; and for other purposes.

THURSDAY, MARCH 11, 1943

1173

By unanimous consent, the following bills of the House were introduced, read the first time and referred to committees:
HB 646. By Mr. McCamy of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton; to create a police department for said city; to provide the manner of election of the chief of police, the manner of selection of police officers; and for other purposes.
Referred to Committee on Municipal Government.
HB 647. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to authorize the commiSSIOn of the City of Brunswick to use Palmetto Square in said city as a trailer camp or for other forms of temporary war housing for the duration of the present war, and for not exceeding six months thereafter; and for other purposes.
Referred to Committee on Municipal Government.
Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker :
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House to wit:
HB 136. HB 281. HB 407. HB 422.
HB 437.
HB 553. HB 554. HB 557. HB 584. HB 606. HB 640. HR 92.
HB 119.

1174

JOURNAL OF THE HOUSE,

HB 125. HB 146. HB 161.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills and resolutions of the House to wit:
HR 38. HR 101. HB 52. HB 93. HB 174. HB 205. HB 332. HB 445. HB 459. HB 495. HB 547. HB 567. HB 575. HB 582.
Respectfully submitted, Johnson of Chattahoochee, Chairman.

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:

THURSDAY, MARCH 11, 1943

1175

Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 644. Do Pass.
Respectfully submitted,
Allison of Gwinnett, Chairman.

Mr. Allison, of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 221. Do Pass.
Respectfully submitted,
Allison of Gwinnett, Chairman.

Mr. Adams of Wheeler County, Chairman of the Committee on Motor Vehicle, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicle 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:
HB 499. Do Not Pass.
HB 643. Do Not Pass.
HB 405. Do Not Pass.
HR 85-372B. Do Not Pass.
Respectfully submitted,
Adams of Wheeler, Chairman.
Mr. Burnside of McDuffie County, Chairman of the Committee on Ways and Means, submitted the following report:

1176

JOURNAL OF THE HOUSE,

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:
SB 218. Do Pass.
H B 598. Do Not Pass.
Respectfully submitted,
Burnside of McDuffie, Chairman.

By unanimous consent, the following bills of the House favorably reported, were read the second time :
HB 644. By Messrs. Riddlespurger and Cheshire of Colquitt:
A bill to be entitled an act to amend the act of 1943, creating and establishing a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
SB 218. By Senator Simmons of the 8th district:
A bill to be entitled an act to amend the motor fuel tax law so as to provide that the reports of distributors shall be filed with the comptroller general on the last day of each month; and for other purposes.
SB 221. By Senators Lovett of the 16th and Hall of the 50th districts:
A bill to be entitled an act to amend the charter of the City of Dublin; 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:
SB 167. By Senators Gross of the 31st, Pope of the 7th, Atkinson of the 1st and Forester of the 44th districts:
A bill to be entitled an act to change the name of the state park authority to "Georgia park authority", and provide for indefinite appointment by the Governor of the members of the Georgia park authority; and for other purposes.
Referred to Committee on State of Republic.
SB 192. By Senators Jones of the 3rd and Ansley of the lOth districts:
A bill to be entitled an act to amend the "Georgia unemployment compensation law" by repealing section 3 (f) and substituting a new section 3 (f)

THURSDAY, MARCH 11, 1943

1177

to preserve the right of benefits to those entering the armed forces during the present war; and for other purposes.
Referred to Committee on Industrial Relations.
SR 56. By Senators Preston of the 27th, Gross of the 31st, Atkinson of the 1st, Pope of the 7th and Forester of the 44th districts:
A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to article 5, section 1, paragraph 4, of the Constition of Georgia providing that the returns of every election of Governor shall be in such manner as is prescribed by the General Assembly; and for other purposes.
Referred to Committee on Amendments to Constitution No. 1.
SR 62. By Senators Kimbrough of the 25th, Simmons of the 8th, Byrd of the 48th, Forester of the 44th, Lovett of the 16th, Shannon of the 21st, Lester of the 18th, Peterson of the 15th, Clements of the 9th, Newton of the 47th, Arnold of the 26th, Pittman of the 42nd, Griner of the 45th and Raynor of the 4th districts:
A resolution that R. F. Burch be granted permission to proceed against the state in the courts in an effort to legally establish his claim; and for other purposes.
Referred to Committee on State of Republic.
SB 56. By Senator Lester of the 18th district:
A bill to be entitled an act to provide for the application for marriage licenses, and the marriage of persons within this state; and to repeal all laws and parts of laws in conflict with this act; and for other purposes.
Referred to Committee on General Judiciary No. 1.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 640. By Mr. Odom of Baker:
A bill to be entitled an act to provide that the commiSSIOners of Baker county shall be elected from their respective districts; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

1178

JOURNAL OF THE HOUSE,

HB 210. By Mr. Jennings of Sumter:
A bill to be entitled an act to repeal the law creating the unemployment compensation division of the state department of labor and to abolish the 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 105, the nays 0.
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:
HB 87. By Mr. Woodruff of Barrow:
A bill to be entitled an act to prohibit the sale of horse and dog meat for human consumption in the State of Georgia; and for other purposes.
The following Senate substitute was read:
Senate committee substitute for HB 87:
A bill to be entitled an act to prohibit the sale of dog meat for human consumption and regulate the sale of horse meat in the State of Georgia, and to provide for penalties for violations thereof; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1. From and after the passage of this act, it shall be unlawful for any person, firm or corporation to distribute or offer for sale for human consumption any dog meat in the State of Georgia, and all dog meat sold in the State of Georgia for any purpose, other than human consumption, shall be sold in packages only. The packages shall carry a label showing the contents, for what use intended, and stating that said contents are "NOT FOR HUMAN CONSUMPTION". The words "not for human consumption" shall be in conspicuous type.
Section 2. Be it further enacted that no horse meat shall be sold or offered for sale in the State of Georgia for human consumption unless at the place of sale there shall be posted in a conspicuous location a sign bearing the words "HORSE MEAT FOR SALE". No sausage, ground meat, canned or processed meat, containing horse meat shall be sold for human consumption unless the package bears a label statisg the proportionate amount of horse meat contained therein, and unless there is likewise kept and maintained in a conspicuous place a sign showing that the meat offered for sale contains horse meat.
Section 3. Be it further enacted that it shall be unlawful for any person, firm or corpora-tion to sell horse meat in any form for human consumption unless the

THURSDAY, MARCH 11, 1943

1179

person, firm or corporation selling the meat shall inform the purchaser thereof at the time of sale, that the purchaser is obtaining horse meat.
Section 4. The department of agriculture of the State of Georgia is given authority to promulgate proper regulations for the carrying out of the provisions of this act and assist prosecuting attorneys in the enforcement thereof.
Section 5. Any person, firm or corporation violating the terms of this act shall be guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be fined not exceeding $1,000.00 or imprisonment not exceeding twelve months, either or both at the discretion of the court.
Section 6. All laws and parts of laws in conflict with the provisions of this act, be and the same are hereby repealed.
Mr. Woodruff of Barrow moved that the Hou!le adopt the Senate substitute for HB 87.
On the motion to adopt the Senate substitute for HB 87, the ayes were 106, the nays 2.
The motion prevailed and the Senate substitute for HB 87 was adopted.
The following bills of the House were taken up for the purpose of considering the Senate amendment thereto:
HB 136. By Mr. Looper of Dawson:
A bill to be entitled an act to prevent syphilis in the unborn child: to require a blood test of every pregnant woman; and for other purposes.
The following Senate amendment was read:
Senator Bacon of the 28th district moves to amend HB 136 by adding to said bill an additional section to be appropriately numbered, which shall read as follows: It is provided further, however, that no person shall be required to submit to the test for syphilis or medical treatment therefor when such person objects to the same on religious grounds and who, in good faith, selects and depends upon spiritual means or prayer for the treatment or cure of disease.
Mr. Livingston of Polk moved that further consideration of HB 136 be indefinitely postponed.
On the motion to indefinitely postpone HB 136, the ayes were 38, the nays 43 and the motion was lost.
Mr. Looper of Dawson asked unanimous consent that the House disagree to the Senate amendment to HB 136 and objection was heard.
Mr. Looper of Dawson moved that the House disagree to the Senate amendment to HB 136.

1180

JOURNAL OF THE HOUSE,

On the motion to disagree to the Senate amendment to HB 136, the ayes were 92, the nays 18.
The motion prevailed and the Senate amendment to HB 136 was disagreed to.

HB 437. By Messrs. Hubert, Broome and Turner of DeKalb:

A bill to be entitled an act to create and establish for the County of DeKalb a DeKalb county waterworks advisory board; to define its powers and duties; and for other purposes.

The following Senate amendment was read:

Senator Dean of the 34th district moves to amend HB 437 as follows: By striking therefrom section 7 and inserting in lieu thereof a new section to be known as section 7 and to read as follows: "Said advisory board is authorized to provide reasonable compensation to the members thereof and compensation for the chairman thereof, which sums shall be additional to the salaries or fees to which the members or chairman may now receive and which shall he paid from the revenues of said waterworks system, such compensation to be first approved by the grand jury of said county."

Messrs. Hubert, Turner and Broome of DeKalb asked unanimous consent that the House disagree to the Senate amendment to HB 437 and the consent was granted and the Senate amendment was disagreed to.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules having had under consideration the fixing of a cal~

endar for today's business has established as an order of business, beginning imme-

diately after the period of unanimous consents at today's session, the following bills

and resolutions, to wit:

-

1. HB 242. Creating state farm board.

2. HB 340. Prevent discrimination against illegitimates.

3. HB 181. Eligibility for judge emeritus.

4. HB 297. Relating to insurance companies.

5. HB 142. Repeal code section 92-512.

6. HB 578. Soldiers voting by mail.

7. HR 52-217B. Relating to poll tax.

8. HB 158. Fiscal reports of counties and municipalities.

9. HB 144. Relating to beauticians and barbers.

10. SR 63. Relating to new constitution.

THURSDAY, MARCH 11, 1943

1181

11. HB 194. Anti-rabies. 12. HB 275. Admission to the bar. 13. HB 214. Relating to jurisdiction of city courts. 14. HB 633. Creating Rhodes property commission. 15. HB 636. Relating to mansion site lease commission. 16. HB 637. Relating to extension of the lease of mansion property. 17. HR 155-623B. Relative to H. 0. L. C. 18. HB 391. Right-of-ways. 19. HB 531. Rights to modify sentences by judges. 20. HR 141-594A. U. S. pharmacy corps. 21. HB 556. Exemption of hospitals. 22. HR 158. Law books for certain counties. 23. HR 134. Payment for calcium arsenic. 24. HB 574. Pasteurization of milk. 25. HB 330. Relating to liens for hauling lumber, logs, etc. 26. HB 220. Relating to blue sky law. 27. HB 239. Stamp tax. 28. HB 479. To pay W. Herbert Brannen medical expenses. 29. HB 528. Relating to public service.
30. HB 509. Relating to hog cholera. 31. HR 232. Relating to correspondence courses. 32. HR 153-615A. Resolution to pay City of MilledgeTille for paving around
Old Capitol Square. 33. HB 182. Attorney's fees in certain cases. 34. HR 73. Payment to Stocks coal company. 35. HB 425. Seed bill. 36. HB 457. Contraband property. The Speaker is authorized to call these bills in the order as he sees fit, and to add to the calendar any general bills with local application.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.

1182

JOURNAL OF THE HOUSE,

Under the special order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 531. By Mr. Greene of Jones:
A bill to be entitled an act to provide that the court imposing misdemeanor punishment shall have discretion to entertain motions and to hear evidence at the term in which said misdemeanor sentences was imposed or at any subsequent term; and for other purposes.
Mr. Key of Jasper rrioved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, the nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Key of Jasper asked unanimous consent that HB 531 be transmitted to the Senate, and the consent was granted.
HB 242. By Messrs. Bynum of Rabun, Powell of Stephens, Wilbanks of Habersham and Russell of White:
A bill to create a state board farm bureau and the means of election of members; to establish co-operative relations with any department, bureau or board of the state or federal government relative to marketing farm products; and for other purposes.
Mr. Caldwell of Troup moved that further consideration of HB 242 be postponed until March 15, 1943, and the motion prevailed.
HB 528. By Messrs. Mixon of Irwin, Cates of Burke, Phillips of Columbia, and McCracken of Jefferson:
A bill to be entitled to act. to amend section 68-623 of the official Code of Georgia of 1933 relating to "annual registration by motor common carriers, license taxes prohibited, fees and disposition thereof", by changing the amount of compensation paid to the members of the public service commismission out of fees derived from this source; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Mr. McCracken of Jefferson moved the ayes and nays and the call was sustained, and the roll call was ordered, and the vote was as follows:

THURSDAY, MARCH 11, 1943

1183

Those voting in the affirmative were:

Adams Alexander Alwood Anderson Bates Barfield Bargeron Bennett Bowen Boynton Branch Brewton Broome Brunson Burnside Burton Bynum Caldwell Campbell of Polk Cannon Cates Chance Cheshire Clark Connell Cowart Crummey Curry Dalton Daves Deal Dorsett Dorsey Drake DuPree Durden Dyal Easler Ennis Etheridge Foster Fussell Gardner Gaston

Gholston

McEntire

Giddens

Mcintosh

Gilbert

McNall

Gillis

Medders

Goldberg

Miller

Graham

Mims

Gray

Mixon

Grayson

Moate

Greene of Jones

Moore of Baldwin

Greene of Schley

Moore of Taliaferro

Hart of Thomas

Nicholson of Oconee

Hatchett

Nicholson of Richmond

Heard

Ogburn

Hefner

Overby

Herndon

Padgett

Hicks

Park

Hightower

Parker

Hill of Clarke

Peck

Hill of Troup

Pettit

Hogg

Phillips

Holley

Pirkle

Hooks

Porter

Hurst

Price

Joiner

Pruitt

Johns

Ray

Johnson of Chattahoochee Rees

Johnson of Pike

Reid

Jones

Reynolds

Kelly of Thomas

Riley

Kelly of Walker

Roper

Kendrick

Rossee

Key

Roughton

Knabb

Rountree

Littlejohn

Rowland

Livingston

Russell

Looper

Salter

Malone

Sharpe

Mankin

Sills

Martin

Smiley

Mason

Smith of Dougherty

Mavity

Smith of Oglethorpe

Maund

Sparks

McCamy

S11illner

McCracken

Swint

1184

JOURNAL OF THE HOUSE,

Thigpen Thomas Thompson Thrash Thurmond Waller

Weaver Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee

Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Wright

Those voting in the negative were:

Battles Boone Culpepper Edwards

Guyton Horne Jennings of Terrell Mills

Norman Powell

Those not voting were :

Baker Bentley Bridges Campbell of Newton Copland Dallis Dukes Dunn Elliott Ferguson Fisher Fortson Gaskins Gavin Gowen

Guerry Hagan Hand Harden Hardy Hart of Quitman Hartness Hooks Howard Hubert Jennings of Sumter Johnston Mabry Minchew Mitchell

Odom Oliver Pannell Riddlespurger Sheppard Smith of Carroll Smith of Muscogee Smith of Washington Strickland Turner Warnock Welch Wells of Ben Hill Yawn Mr. Speaker

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

On the passage of the bill, the ayes were 150, the nays 10.

The bill having received the requisite constitutional majority was passed.

Mr. Mixon of Irwin asked unanimous consent that HB 528 be transmitted immediately to the Senate, and the consent was granted.

The following report of the Committee on War Bonds was read and ordered filed:

Mr. Speaker:

Your special committee for sale of Cruiser Atlanta Bonds begs leave to make the following report:

That the purchases of bonds by and through members of the House has been most gratifying, and,

THURSDAY, MARCH 11, 1943

1185

That nearly all members of the House have bought bonds and had their names placed on the log of the new "U. S. S. ATLANTA", and
That your committee appreciates the fine spirit of cooperation by the officers of the HoUBe as well as of the members, and further,
Asks leave to say that Ensign Groverman, a member of the WAVES, will be in the post office lobby all day today so that any other members desiring to buy bonds will have the opportunity to secure one of the Cruiser Certificates,
And your committee expresses the hope that the name of every member of this splendid General Assembly will be inscribed on the log of this fighting ship.
And to add that we feel sure that all Georgians are gratified that the campaign has met with such signal success all over the state, resulting in not only the sale of enough bonds to build the cruiser, but to build two destroyers also.
Respectfully,
Broome of DeKalb, Johnson of Worth, Guerry of Macon, Swint of Spalding,
The Committee.

Under the established special order of business, the following bill11 and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage :
HR 134-577B. By Messrs. Hill and Price of Clarke:
A resolution to authorize the payment of $32,549.50 principal and $34,040.00 interest to the bond holders committee of Riches, Pivers and Company for calcium arsenate purchased by the state; and for other purposes.
Mr. Elliott of Muscogee moved that HR 134-577B be indefinitely postponed, and the motion was lost.
Mr. Durden of Dougherty moved that HR 134-577B be tabled.
On the motion to table, the ayes were 88, the nays 41.
The motion prevailed and HR 134-577B was tabled.
HB 142. By Messrs. Hurst and Goldberg of Coweta:
A bill to be entitled an act to repeal code section 92-512 of the Georgia code of 1933 {Ga. Laws 1935 page 83), and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1186

JOURNAL OF THE HOUSE,

Mrs. Mankin of Fulton moved the ayes and nays, the call was sustained and the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Allison Alwood Battles Barfield Bennett Boynton Branch Brewton Broome Brunson Burnside Burton Cheshire Clark Connell Crummey Curry Deal Dorsett Dorsey Dunn Ennis Etheridge Gardner Gaston Gholston Giddens Gilbert Goldberg

Graham Gray Greene of Schley Guerry Guyton Hartness Hatchett Hicks Hill of Troup Hubert Hurst Johnston Kelly of Thomas Kelly of Walker Kendrick Key Littlejohn Livingston Looper Mankin Martin Mason Maund McCamy McCracken Mcintosh McNall Medders Mitchell

Mixon Moate Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Odom Peck Pettit Phillips Porter Reid Reynolds Rossee Salter Smiley Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Swint Thigpen Thomas Turner Weaver Whipple Williams of Harris Wilson Woodruff Yawn

Those voting in the negative were:

Adams Alexander Anderson Boone Bowen Bridges Campbell of Polk Drake Dyal Edwards Fussell

Gaskins

Johnson of Pike

Gavin

Jones

Gillis

McEntire

Hardy

Mims

Heard

Norman

Herndon

Overby

Hightower

Padgett

Hogg

Pannell

Jennings of Terrell

Parker

Johns

Powell

Johnson of Chattahoochee Price

THURSDAY, MARCH 11, 1943

1187

Pruitt Rees Riddlespurger Riley Roper Rountree

Sheppard Sumner Thompson Thrash Warnock

Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Willoughby Wright

Those not voting were:

Baker Bates Bargeron Bentley Bynum Caldwell Campbell of Newton Cannon Cates Chance Copland Cowart Culpepper Dallis Dalton Daves Dukes DuPree Easler Elliott Ferguson Fisher Fortson

Foster Gowen Grayson Greene of Jones Hagan Hand Harden Hart of Quitman Hart of Thomas Hefner Hill of Clarke Holley Hooks Horne Howard Jennings of Sumter Joiner Knabb Mabry Malone Mavity Miller Mills

The roll call was verified.

Minchew Moore of Taliaferro Ogburn Oliver Park Pirkle Ray Roughton Rowland Russell Sharpe Sills Smith of Carroll Smith of Washington Sparks Strickland Thurmond Waller Welch Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee Mr. Speaker

On the passage of the bill the ayes were 86, the nays 49.

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

l\!Ir. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.
2:30P.M. The Speaker Pro Tern. called the House to order.

Under the regular order of business set by the Rules Committee, the following bills and resolutions were read the third time and placed upon their passage:

HR 155-623. By Messrs. Gardner of Mitchell, Durden of Dougherty and McCracken of Jefferson:

A resolution memorializing the members of Congress to continue in effect the Home Owners Loan Corporation; and for- other purposes.

1188

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 ayes were 96, the nays 30.
The resolution having received the requisite constitutional majority was adopted.
HR 158-631B. By Mr. Smith of Oglethorpe:
A resolution to furnish certain court reports to the ordinary of Oglethorpe 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 Ill, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
HB 220. By Messrs. Key of Jasper, Harden of Turner and Anderson of Wayne: A bill to be entitled an act to amend section 97-202 of the code of 1933 which refers to the authority of the secretary of state to employ examiners in the securities division of his department; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreod to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
HR 340. By Mr. Mixon of Irwin:
A bill to be entitled an act to prevent discrimination against people of illegitimate birth; and for other purposes.
The report 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 7.
The bill having received the requisite constitutional majority was passed.
HB 391. By Messrs. Weaver of Bibb, Connell of Lowndes, and Dorsey of Cobb:
A bill to be entitled an act to amend title 113 (wills, descent, and administration of estates) of the Code of Georgia to authorize an administrator, executor or other trustees, to convey rights-of-way and assessments, to the United States or the State of Georgia or any subdivision or to any person, firm or corporation having the right of eminent domain; aRd for other purposes.
The following amendment was read and adopted:

THURSDAY, MARCH 11, 1943

1189

My Weaver of Bibb moves to amend HB 391 by changing the words "Five dollars" to "Ten dollars" in proposed new code section 113-1731 at the end of section 5.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.
The following resolution of the House was read and adopt~d:
HR 164. By Mr. Hagan of Screven:
A resolution proposing that all c1t1zens of this state cooperate wholeheartedly with the law enforcement officers and the judiciary in a determined effort to reduce the venereal diseases, and special attention shall be given juvenile delinquents.
Under the established special order of business, the following bills and resolutions of the House and Senate were tak:en up for consideration, read the third time and placed upon their passage:
HB 194. By Messrs. Allison of Gwinnett, Russell of White, Yawn of Dodge, Sparks of Towns, Boynton of Union and Deal of Bulloch:
A bill to be entitled an act to require the inoculation of dogs against rabies; to require an inspector in each county; and for other purposes.
The following substitute was read:
Committee substitute for HB 194:
A BILL
To be entitled an act to require the inoculation of dogs against rabies; to provide for the creation of the office of rabies inspector in each county; to provide for the issuance of a license or certificate as to such inoculation and the wearing of a tag by all dogs; to provide for the impounding of unlicensed dogs and their disposition; to provide for the confinement of dogs which have bitted human beings; to provide for the penalty for any viola. tion of the provisions of this law; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Whenever used in this act, unless a contrary intention is clearly evident, the following terms shall be interpreted as herein defined: The term "dog" shall mean and include all members of the canine family three months or more of age, and also pet foxes, wolves, etc. The term "person" shall mean and include individuals, firms, partnership, and associations; the singular shall include the plural;

1190

JOURNAL OF THE HOUSE,

and the masculine, the feminine and neutral. The term "owner" shall mean and include any person having a right of property in the dog, or who keeps or harbors a dog, or who has it in his care, or acts as its custodian, or who permits a dog to remain on or about any premises occupied by him. The term "inoculation against rabies" shall mean the subeutaneous injection of canine antirabies vaccine, approved by the state veterinarian or equivalent agency.
Section 2. Be it further enacted, for the purpose of providing proper enforcement of the provisions of this act that the state veterinarian or equivalent agency, is hereby invested with general supervisory powers and that it shall be his duty to appoint in each county within 90 days after the passage of this act a rabies inspector who shall be a licensed veterinarian. For counties in which no licensed veterinarian resides, the state veterinarian or equivalent agency may appoint qualified persons other than licensed veterinarians as rabies inspectors. The term of office of the rabies inspectors shall end on December 31 of the year of appointment, provided, however, that he shall be eligible for reappointment. Such rabies inspector may appoint as deputies other licensed veterinarians, or in counties where no veterinarian resides one or more duly qualified persons for each county.
It shall be the duty of the rabies inspector and his deputies to inoculate dogs as herein prescribed and to promulgate such rules and regulations deemed necessary for the enforcement of all the provisions of this act, and for this purpose the rabies inspector and his deputies are clothed with full police power, and the sheriff and his deputies in each county and the police officers in each incorporated municipality shall be aides and are instructed to cooperate with the rabies inspector and his deputies in carrying out the provisions of this act. The compensation of the inspector and his deputies shall be limited to the fees prescribed in succeeding sections of this act. The said rabies inspector and/or deputies may be removed from office for cause by the state veterinarian, or equivalent agency.
Section 3. Be it further enacted, that prior to September first of each year every owner of a dog shall cause such dog to be inoculated against rabies by the rabies inspector or his deputies, or any licensed veterinarian. Evidence of such inoculation shall consist of a printed certificate furnished in triplicate by the state veterinarian, or equivalent agency, upon which shall be inscribed a description of the dog inoculated, its age, color, sex, weight, and breed; the name and address of the owner; the lot or empule number of the vaccine used, and the name of the manufacturer; the amount of vaccine injected and the method of injecting, and the serial number of the tag furnished for each inoculated dog as prescribed in a succeeding section of this act, said certificate shall be dated and signed by the person authorized to administer the vaccine. Certificates not in keeping with the provisions of this section, or issued by those unauthorized to issue them, shall not be valid. The original copy of the certificates prescribed herein shall be delivered to the owner of the dog inoculated, the second copy filed by the rabies inspector, and the third copy delivered to the state veterinarian, or equivalent agency, before the 15th of each month. Provided, however, that the provisions of this section shall not be applicable in the case of any dog inoculated not more than six months prior to the passage of this chapter, the proper

THURSDAY, MARCH 11, 1943

1191

certificate of which inoculation shall be presented to the rabies inspector; nor shall the right be denied physicians to inoculate their privately owned dogs, provided they report such inoculations, as required by this chapter.
Section 4. Be it further enacted, that coincident with the issuance of the certificates of inoculation, as prescribed in the preceding section, the rabies inspector or other person authorized to furnish the certificate shall also furnish a serially numbered tag bearing the same number and year as the certificate bears, which tag shall at all times be attached to a collar or harness worn by the dog for which the certificate and tag have been issued.
Section 5. Be it further enacted, that in the case of the loss of the tag from any dog to which the same has been legally issued, every replacement thereof shall be upon such terms as may be agreed upon with the rabies inspector, or veterinarian by whom the dog was inoculated, and on presentation of the certificate covering the tag originally issued and lost. In such instance, a new certificate, marked duplicate, shall be issued, setting forth the number of the new tag, copies thereof to be transmitted to the state veterinarian, or equivalent agency, as set forth in section 3 of this title.
Section 6. Be it further enacted, it is hereby provided that the rabies inspector, or other person authorized to inoculate dogs against rabies; may charge for such service a sum not to exceed one dollar for each dog inoculated against rabies, which sum shall accrue to the rabies inspector as compensation for his services.
Section 7. Be it further enacted, on or after September first of each year, any dog found running at large and not wearing the evidence of inoculation as provided herein and for which no certificate of inoculation can be produced; and which is apprehended by an officer or other person charged with the enforcement of this act, shall forwith be subject to a penalty of one dollar to be imposed by the rabies inspector on the owner of the dog, in addition to the fee heretofore prescribed for inoculation. The said penalty, when collected, shall accrue to the person making the apprehension.
Section 8. Be it further enacted, it shall be the duty of each and every county in the state, and of every municipality over five thousand in which a county pound is not located, to provide and maintain a suitable enclosure for the impounding of all dogs found running at large in violation of the provisions of this act. Where dogs are impounded, the rabies inspector shall, in some form or manner, give a notice of not less than seven days; and, if the owner thereof is known, such owner shall be given direct notice of the impounding of a dog or dogs belonging to him.
Section 9. Be it further enacted, all dogs which have been impounded for failure to be inoculated in accordance with the provisions of this act, due notice of which impounding shall have been given as provided in the preceeding section, shall be humanely dispatched and disposed of when not redeemed by the owner within seven days. When there exists a humane society it shall have the privilege of dispatching all unredeemed dogs, should it so elect. In case the owner of any impounded dog desires to make redemption thereof, he may do so on the following conditions. He must pay for the inoculation of the dog, for the board of the dog for the period for

1192

JOURNAL OF THE HOUSE,

which it was impounded and one dollar in addition as a penalty, as prescribed in section 7 of this title. The said rabies inspector may, at his discretion, sell any dog, not redeemed or claimed or otherwise disposed of, to any purchaser desiring the said dog, which said purchaser must comply with all provisions of this act.
Section 10. Be it further enacted, whenever the rabies inspector shall receive information that any person has been bitten by a dog, the said rabies inspector shall be required to have the said dog confined for a period of seven days. And it shall be unlawful for any person having knowledge that a person has been bitten by a dog to refuse to notify the rabies inspector promptly. It shall be unlawful for the owner of such dog to refuse to fail or comply with the written recommendations made by the rabies inspector in any particular case, and any expense incurred in the handling of any dog, under this and the preceding section shall be borne by the owner.
Section 11. Be it further enacted, the owner of any dog which has been bitten by another animal, suspected to be rabid, or which exhibits symptoms of' rabies, shall immediately notify the rabies inspector and shall promptly confine such dog or have it confined under suitable observation for a period of not less than sixty days, unless officially authorized by the rabies inspector in writing to release it sooner. Such quarantine shall apply to both inoculated and uninoculated dogs.
Section 12. Be it further enacted, any person violating or aiding in or abetting the violation of any provision of this act, or counterfeiting or forging any certificates, permit or tag; or making any misrepresentation in regard to any matter prescribed in this act, or resisting, obstructing, or impeding any authorized officer in enforcing this act, or refusing to produce for inoculation, any dog in his possession shall be guilty of a misdemeanor and, upon conviction shall be fined not less than one nor more than ten dollars, and for the purpose of enforcing this section, any court of competent jurisdiction, including justice of the peace courts, shall have jurisdiction of such offenses.
Section 13. Be it further enacted, nothing in this act shall be held to limit in any manner the power of any municipality to prohibit dogs from running at large, whether or not they have been inoculated as herein provided; nor shall anything in this act be construed to, in any manner, limit the power of the municipality to further control and regulate dogs in such municipality.
Section 14. 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 was read and adopted:
Mr. Russell of White moves to amend the committee substitute to HB 194 by adding a new section before the repealing clause to be appropriately numbered and which shall read as follows :
"Section ......... The provisions of this act shall apply only to counties in this state having a population of not less than 6,417 and not more than 6,425 according to the United States census of 1940" also amends the caption to provide for the application of this act in counties of a certain population.

THURSDAY, MARCH 11, 1943

1193

By unanimous consent, 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 111, the nays 3.
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:
HB 589. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to authorize the commiSSioners of the City of Brunswick to close up certain alleys; and for other purposes.
The following Senate substitute was read:
SUBSTITUTE FOR HOUSE BILL NUMBER 589.
A BILL
To be entitled an act to close an alley between sections nine (9) and ten ( 10) of the Dart Homestead Tract in the City of Brunswick, Glynn county, Georgia, and to vest the title to the same in equal proportions in the adjoining property owners; 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. Whereas the official map of the plan of the City of Brunswick shows an alley between sections nine (9) and ten {10) of the Dart Homestead Tract therein, but such alley has never been opened or used by the public and that such alley is not needed for use by the public, from and after the passage of this act the said alley shall be permanently closed and the real property comprising the same is hereby vested in the adjoining property owners in equal proportions.
Sections 2. All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Gowen of Glynn moved that the House adopt the Senate substitute for HB 589.
On the motion to adopt the Senate substitute for HB 589, the ayes were 119, the nays 0.
The motion prevailed and the Senate substitute for HB 589 was adopted.
Under the order of business established by the Committee on Rules the following bills of the House were taken up for consideration, read the third time and placed upon their passage:

1194

JOURNAL OF THE HOUSE,

HB 556. By Messrs. McCracken of Jefferson, and Durden of Dougherty, and Gowen of Glynn:
A bill to be entitled an act to amend section 92-201 of the 1933 Code so as to provide that profit or income which may be received by institutions and used for purely charitable purposes shall be exempt; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 214. By Messrs. Bynum of Rabun and Powell of Stephens: A bill to be entitled an act to amend the code so as to give the city and county courts jurisdiction of misdemeanor cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Mr. Bynum of Rabun moved that further consideration of HB 214 be postponed until Friday, March 12, 1943.
Mr. Culpepper of Fayette moved that the House do now adjourn and the motion prevailed.
Leaves of absence were granted Messrs. Cates and Bargeron of Burke, Burton of Lee, Jennings of Terrell, Swint of Spalding, and Overby of Stewart.
The Speaker Pro Tern. announced the House adjourned until tomorrow morning at 10:00 o'clock.

FRIDAY, MARCH 12, 1943

1195



Representative Hall, Atlanta, Georgia,

Friday, March 12, 1943.

The House met pursuant to adjournment this day at 10:00 a. m., was called to order by the Speaker and opened with ~ prayer by the chaplain.

Mr. Reynolds of Clayton asked unanimous consent that the call of the roll be dispensed with, objection was heard, the call of the roll was ordered and the following members answered to theii names:

Adams Alexander Allison Alwood Baker Barfield
Bentl~y
Boone Bowen Boynton Branch Bridges Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Chance Cheshire Connell Copland Cowart Crummey Culpepper Curry Dallis Dalton Daves Deal Dorsey Drake Dunn DuPree Durden

Easler Edwards Elliott Ennis Etheridge Ferguson Fisher Foster Fussell Gardner Gaskins Gaston Gavin Gholsto.n Giddens Gilbert Gillis Goldberg Gowen Graham Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Hardy Hart of Quitman Hart of Thomas Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke

Hill of Troup Hogg Holley Horne Hubert Jennings of Sumter Joiner Johns Johnson of Chattahoochee Johnston Jones Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Malone Mankin Martin .Mason Mavity lHaund McCamy McCracken McEntire Mcintosh l\fcNall Medders Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond

ll96
Norman Odom Ogburn Padgett Pannell Park Parker Peck Pettit Phillips Pirkle Powell Price Pruitt Ray Reid Reynolds Riddles purger Riley

JOURNAL OF THE HOUSE,

Roper


Thrash

Rossee

Thurmond

Roughton

Warnock

Rountree

Weaver

Rowland

Welch

Russell

Wells of Ben Hill

Salter

Whipple

Sheppard

Wilbanks of Cherokee

Sills

Wilbanks of Habersham

Smith of Dougherty

Williams of Coffee

Smith of Muscogee

Williams of Gwinnett

.Smith of Oglethorpe

Williams of Harris

Sparks

Willoughby

Strickland

Wilson

Sumner

Woodruff

Swint

Wright

Thomas

Yawn

Thompson

Mr. Speaker

Mr. Thurmond of Hall 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 durin~ the first part of the period of unanimous consents:

1. Introduction of bills and resolutions.

2. First reading and reference of House bills and resolutions.

3. Reports of standing committees.

4. Second reading of bills and resolutions favorably reported.

5. First reading and reference of Senate bills.

6. Third reading and passage of uncontested local bills.

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

Mr. Speaker:
The Senate has passed by the reqms1te constitutional majority the following bills and rosolutions of the Senate and House, to wit:

SB 222. By Senator Millican of the 52nd: A bill to regulate the sale of second-hand watches; and for other purposes.

FRIDAY, MARCH 12, 1943

1197

SB 229. By Senator Whitworth of the 30th:
A bill to amend acts to incorporate the Town of Hull in Madison county; and for other purposes.
HB 335. By Messrs. Turner of DeKalb, Etheridge of Fulton and others:
A bill to propose to the qualified voters so as to authorize the City of Atlanta, Fulton county and DeKalb county, or either of them, to enter into contracts with each other; and for other purposes.
HB 461. By Messrs. Bynum of Rabun and Wilbanks of Habersham:
A bill to amend acts incorporating the Town of Tallulah Falls, in Habersham and Rabun counties; and for other purposes.
HB 545. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to amend an act entitled "an act to create a new charter for the Town of Palmetto in Campbell (now Fulton) county; and for other purposes.
HB 549. By Mr. Adams of Wheeler:
A bill to propose to the qualified voters of Georgia, so as to authorize the Town of Glenwood to incur a bonded indebtedness; and for other puoposes.
HB 603. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to propose to the people, so as to authorize the General Assembly to enact laws to create in Richmond County a retirement or pension fund for county employees; and for other purposes.
HB 607. By Mr. Thomas of Chattooga:
A bill to permit the county board of education of Chattooga county to issue bonds; and for other purposes.
HB 615. By Messrs. Connell and Cowart of Lowndes:
A bill to amend thl!' charter of the City of Valdosta; and for other purposes.
HR 129. By Mr. McCracken of Jefferson:
A resolution to provide for the furnishing of supreme court reports to the clerk of the superior court of Jefferson county; ar d for other purposes.
HR 149. By Mr. Horne of Crisp:
A resolution to authorize the City of Cordele, Crisp county, or either of them to enter into contracts with each other; and for other purposes.
Mr. Ferguson of Camden County, Chairman of the Committee on Aviation, submitted the following report:

1198

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Aviation 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:
HB 642. Do Not Pass.
Respectfully submitted,
Ferguson of Camden, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills and resolutions of the House, to wit:
HR 102.
HR Ill.
HR 137.
HR 142. HB 59. HB 87.
HB 118. HB 361. HB 388.
HB 525. HB 541. HB 557. HB 558. HB 573.
HB 580. HB 586. HB 587.

FRIDAY, MARCH 12, 1943

1199

HB 590.

HB 597.

HB 599.

HB 600.

HB 604.

HB 605.

HB 608.

Respectfully submitted,

Johnson of Chattahoochee, Chairman.

Mr. Allison, of Gwinnett 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:

HB 646. Do Pass by Substitute.

HB 647. Do Pass.


Respectfully submitted,

Allison of Gwinnett, Chairman.

Mr. McCracken of Jefferson 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:

SR 62. Do Pass.
SB 167. Do Pass.
HB 645. Do Pass.
HB 559. Do Not Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

1200

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills and resolutions, of the House and Senate favorably reported, were read the second time:
HB 645. By Messrs. McCracken of Jefferson and Durden of Dougherty:
A bill to be entitled an act to amend section 24-104 of the Code of 1933 enumerating the powers of courts, so as to give trial judges additional powers and to authorize all trial judges in all courts of the state to change their sentence at any time; and for other purposes.
HB 546. By Mr. McCamy of Whitfield:
A bill to be entitled an act to amend the charter of the City of Dalton; to create a police department for said city; to provide the manner of election of the chief of police, the manner of selection of police officers; and for other purposes.
HB 647. By Messrs. Gowen and Gilbert of Glynn:
A bill to be entitled an act to authorize the commission of the City of Brunswick to use Palmetto Square in said city as a trailer camp or for other forms of temporary war housing for the duration of the present war, and for not exceeding six months thereafter; and for other purposes.
SB 167. By Senators Gross of the 31st, Pope of the 7th, Atkinson of the 1st and Forester of the 44th districts:
A bill to be entitled an act to change the name of the State Park Authority to "Georgia PariAuthority", and provide for indefiinite appointment by the Governor of the members of the Georgia Park Authority; and for other purposes.
SR 62. By Senators Kimbrough of the 25th, Simmons of the 8th, Byrd of the 48th, Forester of the 44th, Lovett of the 16th, Shannon of the 21st, Lester of the 18th, Peterson of the 15th, Clements of the 9th, Newton of the 47th, Arnold of the 26th, Pittman of the 42nd, Griner of the 45th and Raynor of the 4th districts:
A resolution resolving that R. F. Burch be granted permission to proceed against the state in the courts in an effort to legally establish his claim; and for other purposes.
By unanimous consent, the following bills of the Senate were read the first time, and referred to the committees:
SB 222. By Senator Millican of the 52nd district:
A bill to be entitled an act to regulate the sale of second-hand watches; to require that all second-hand watches displayed for sale shall be displayed as second-hand watches; and for other purposes.
Referred to Committee on General Judiciary No. 1.

FRIDAY, MARCH 12, 1943

1201

SB 229. By Senator Whitworth of the 30th district:
A bill to be entitled an act to amend acts approved August 24, 1905, and August 9, 1906, and the amending act approved August 23, 1907, Georgia Laws, entitled an act to incorporate the Town of Hull in Madison county; and for other purposes.
Referred to Committee on Municipal Government.
By unanimous consent, the following bills of the House were taken up for consideration, read the third time and placed upon their passage:
HB 644. By Messrs. Riddlespurger and Cheshire of Colquitt:
A bill to be entitled an act to amend an act of 1943 creating a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and income tax; and for other purposei.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 221. By Senator Lovett of the 16th district:
A bill to amend an act creating 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 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HB 596. Limit federal gasoline tax exemption.
2. HB 258. Relating to purchase of tags.
3. HB 429. Relating to opening and closing of polls in certain precincts.
4. HB 632. Relating to convicts doing farm work.
5. HR 42-177A. One term divorce-constitutional amendment.

1202

JOURNAL OF THE HOUSE,

6. HR 204. Relating to blind persons voting. 7. HR 69-274B. Amending rules to provide for veterans affairs committee. 8. HB 505. Relating to credit unions. 9. HB 524. Relating to furJ:)ishing insulin to dietetic. 10. HB 526. Reciprocal agreement for farm products. 11. HR 157-631A. Relating to tax on malt beverages. 12. HB 638. General bill with local application to Troup county. 13. HB 317. Fixing a system of coordinates. 14. HB 181. Eligibility for judge emeritus. 15. HB 297. Relating to insurance companies. 16. HR 52-217B. Relating to poll tax. 17. HB 158. Fiscal reports of counties and municipalities. 18. HB 144. Relating to beauticians and barbers. 19. SB 63. Relating to new Constitution. 20. HB 214. Relating to jurisdiction of city courts. 21. HB 633. Creating Rhodes property commission. 22. HB 636. Relating to mansion site lease commission. 23. HB 637. Relating to extension of the lease of mansion property. 24. HR 141-594A. U. S. pharmacy corps. 25. HB 574. Pasteurization of milk. 26. HB 330. Relating to liens for hauling lumber, logs, etc. 27. HB 239. Stamp tax. 28. HB 479. To pay W. Herbert Brannen medical expenses. 29. HB 509. Relating to hog cholera. 30. HB 232. Relating to correspondence courses. 31. HB 182. Attorney's fees in certain cases. 32. HR 153-615A. Resolution to pay City of Milledgeville for paving around
Old Capitol Square. 33. HR 75. Payment to Stocks for coal. 34. HB. 425. Seed bill.

FRIDAY, MARCH 12, 1943

1203

35. HB 457. Contraband property. 36. HR 160-642A. Relating to teachers pensions. 37. HB 410. Relating to state farm market. 38. 159-641A. Authorize game and fish commission to abandon fish hatchery. The Speaker is authorized to call these bills in the order as he sees fit, and to add to the calendar any general bills with local application.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.

Under the order of business established by the Committee on Rules, the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 596. By Mr. Smith of Dougherty:
A bill to be entitled an act to amend the motor fuel tax law by striking sub-paragraph 3 of paragraph D of section 92-1403, which exempts the federal government from paying the motor fuel tax; and for other purposes.
The following substitute was read and adopted:
A BILL
To be entitled an act to amend an act approved March 18, 1937 (Georgia Laws 1937, pages 167-207), entitled "Motor Fuel Tax Law", by striking and repealing subsection (3) of Paragraph D of Section 92-1403 and inserting in lieu thereof a ~ew subsection, to be known as Paragraph (3) of Paragraph D, so as to limit the exemption and taxation on sales of gasoline to the United States of America; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
That subparagraph (3) of Paragraph D of the Act approved March 18, 1937 (Georgia Laws 1937, pages 167-207) be stricken and a new paragraph, to be known as subparagraph (3) of Paragraph D of Section 92-1403 of said act approved March 18, 1937 (Georgia Laws 1937, pages 167-207) be inserted in lieu thereof, which new subparagraph D of section 92-1403 shall read as follows:
"(3) The sale of motor fuel and/or kerosene to the United States of America, when said motor fuel and/or kerosene shall be purchased and paid for by the United States of America."
Section 2. All la\'17S and parts of laws in conflict with this Act be and the same are hereby repealed.

1204

JOURNAL OF THE HOUSE,

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 112, the nays 0.
The bill having received the requisite constitutional majority was passed, by substitute.
HB 258. By Mr. Fortson of Wilkes:
A bill to be entitled an act to provide that motor vehicle license tags will be purchased before April 1, 1943; and for other purposes.
The following substitute was read and adopted:
Committee substitute to HB 258:
A BILL
Entitled an Act to amend Chapter 68-202, of the Code of Georgia, 1933, as amended by an Act approved December 24, 1937, (Georgia Laws 1937-1938, pp. 259-272), by providing that motor vehicle licenses may be purchased during the month of December, prior to the year for which they are issued, and shall be purchased before March 1st, during the year for which they are issued; To provide penalties for violation of this Act; To provide for use of metal strip to be attached to the tag; To provide tags to be made of a material of high quality; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. Section 7, of Act 66, approved December 24, 1937, (Georgia Laws 19371938, pp. 270-271) is hereby amended by striking the words and figures "This Act shall go into effect on January 1, 1938, and that," and inserting in lieu words and figures, "Effective January 1, 1943," and by striking the words and figures, "February 1, 1938," and inserting in lieu thereof, the words and figures, "March 1, 1944" and by adding thereto a new line, "The Motor Vehicle Division of the State Revenue Commission may issue licenses to any applican.t during the month of December, preceding the year for which said license for applied," so that said section when amended shall read as follows:
"Section 7, Be it further enacted by the authority aforesaid that effective J anuary 1, 1944, all persons, firms, corporations, or associations subject to the taxes and licenses herein provided shall apply for and obtain said tags on or before March 1, 1944, and each year thereafter, and that such payment for tags shall be made to the Motor Vehicle Division of the State Revenue Commission, or such other officers that may be provided by law; Provided that the Director of the Motor Vehicle Division of the State Revenue Commission is hereby authorized to issue tags to any applicant during the month of December, immediately preceding the year for which s;,~id tags are to be issued."

FRIDAY, MARCH 12, 1943

1205

Section 2. Section 68-201, of the Code of Georgia 1933, is hereby amended by striking therefrom the words, "February" wherever it appears in said section, and inserting in lieu thereof the word "March".
Section 3. Be it further enacted by the authority aforesaid that the Motor Vehicle Division of the State Revenue Commission shall from and after the passage of this Act, be authorized to substitute in lieu of the tag for any motor vehicle, a metal strip showing the year for which license has been paid on said motor vehicle; Provided further that at a time within the discretion of the Director of the Motor Vehicle Division of the State Revenue Commission, the said Director may purchase tags made of such high quality material, that said tag will last for five years; Provided further that in no event shall more than one tag be issued for each motor vehicle in the State of Georgia, said tag to be attached to the rear of said motor vehicle.
Section 4. Be it further enacted by the authority aforesaid that any automobile operated in the State. of Georgia after March 1, of that year, that does not have attached to the rear thereof a tag showing the payment of license for said year, said motor vehicle shall be stored at the owner's risk: and expense by any Law Enforcing Officer of the State of Georgia; Provided that where the owner of said vehicle does present to said officer, evidence that a tag has been ordered, and the purchase price thereof sent to the Motor Vehicle Division of the State Revenue Commission of Georgia, but that said tag has not been delivered to said owner, then said owner shall not be subject to the penalty aforesaid.
Section 5. 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.
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 0.
The bill having received the requisite constitutional majority was passed, by substitute.
HB 429. By Messrs. Smith, Copland and Elliott of Muscogee:
A bill to be entitled an ~ct to amend tbe laws relating to elections so as to provide the hours certain precincts shall remain open; and for other purposes.
Mr. Elliott of Muscogee moved that further consideration of HB 429 be postponed until Monday, March 12, 1943 and the motion prevailed.
HB 214. By Messrs. Powell of Stephens and Bynum of Rabun:
A bill to be entitled an act to amend section 52-1014 of the 1933 code by divesting superior courts of jurisdiction in misdemeanor cases in counties having a county or city court; and for other purposes.

1206

JOURNAL OF THE HOUSE,

The following substitute was read and adopted:
Mr. Bynum of Rabun moves to amend HB 214 by substitute as follows: A bill to be entitled an Act to amend paragraph one of Section 24-2615, Chapter 24-26, of the Code of Georgia of 1933, relating to powers and jurisdiction of the Superior Courts of this State by divesting the Superior Courts of jurisdiction of misdemeanor cases in all counties in the State of Georgia, in which there is a population not exceeding 7,825 and not less than 7,818, according to the census of 1940 of the United States, and in which counties there is now, or may hereafter have, established therein a city court, or county court, having jurisdiction of misdemeanor cases; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia as follows: Section l. That paragraph one of Section 24-2615, Chapter 24-26, which reads as follows: "24-2615. Powers and jurisdiction of superior courts. The superior courts have authority-
1. To exercise original, exclusive, or concurrent jurisdiction (as the case may be) of all causes, both civil and criminal, granted to them by the Constitution and laws." be amended by adding at the end of said Section the following:
"Provided, however, that the superior court shall not have jurisdiction over misdemeanor cases in any counties in this State having a population hereinafter specified, which now have, or may hereafter have, established a city or county court having jurisdiction over misdemeanor cases, so long as such counties maintain such city or county courts.", so that said Section shall read as follows:
"24-2615. Powers and jurisdiction of superior courts. The superior courts have authority-
1. To exercise original, exclusive, or concurrent jurisdiction (as the case may be) of all causes, both civil and criminal, granted to them by the Constitution and laws, provided, however, that the superior courts shall not have jurisdiction over misdemeanor cases in any counties of this State having a population hereinafter specified which now have, or may hereafter have, established a city or county court having jurisdiction over misdemeanor cases, so long as such counties maintain such city or county courts."
Section 2. That the terms of this Act shall not apply to counties of this State having a census in excess of 7,825 and less than 7,818, according to the census of 1940 of the United States.
Section 3. Be it further enacted by the authority aforesaid, that when and if the city or county court of any county in this State having jurisdiction of misdemeanor causes, is abolished, all cases pending on the dockets thereof shall be transferred to the docket of the superior court.
Section 4. That immediately upon the approval of this Act all misdemeanor cases pending on dockets of the superior court in any counties where a city or county

FRIDAY, MARCH 12, 1943

1207

court is established, having a population within 7,825 and 7,818, as aforesaid, shall be transferred to the jurisdiction of such city or countr. court.

Section 5. 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.

Mr. Bynum of Rabun moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Alexander Allison Baker Bates Bentley Boone Bowen Boynton Branch Broome Burnside Bynum Cheshire Connell Cowart Crummey Culpepper Curry Dallis Dalton Deal Dorsey Dunn DuPree Durden Easler Foster Gaskins Gaston Gholston Gillis Goldberg

Graham

Padgett

Grayson

Pannell

Greene of Schley

Parker

Guerry

Peck

Hagan

Phillips

Hardy

Pirkle

Hartness

Powell

Hatchett

Pruitt

Hefner

Ray

Herndon

Reid

Hicks

Reynolds

Hill of Troup

Riddlespurger

Hogg

Riley

Holley

Rossee

Joiner

Rowland

Johnson of Chattahoochee Russell

Johnston

Salter

Jones

Smith of Dougherty

Kelly of Walker

Smith of Oglethorpe

Kendrick

Strickland

Key

Thomas

Knabb

Thrash

McCamy

Thurmond

McCracken

Warnock

McEntire

Welsch

Medders

Whipple

Minchew

Wilbanks of Cherokee

Mitchell

Wilbanks of Habersham

Mixon

Williams of Coffee

Moore of Baldwin

Williams of Harris

Nicholson of Oconee

Willoughby

Odom

Woodruff

Ogburn

Yawn

1208

JOURNAL OF THE HOUSE,

Those voting in the negative were:

Bridges Brunson Caldwell Campbell of Polk: Copland Edwards Elliott Gavin

Guyton Hightower Hill of Clarice Johns Mcintosh McNall Norman

Park: Price Sumner Swint Weaver Williams of Gwinnett Wilson

Those not voting were :

Alwood Anderson Battles Barfield Bargeron Bennett Brewton Burton Campbell of Newton Cannon Cannon Cates Chance Clark: Daves Dorsett Drak:e Duk:es Dyal Ennis Etheridge Ferguson Fisher Fortson Fussell Gardner Giddens Gilbert Gowen

Gray Hand Harden Hart of Quitman Hart of Thomas Heard Hook:s Horne Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Johnson of Pik:e Kelly of Thomas Littlejohn Livingston Looper Mabry Malone Mank:in Martin Mason Mavity Maund Mcintosh McNall Miller

Mills Mims Moate Moore of Taliaferro Nicholson of Richmond Oliver Overby Pettit Porter Rees Roper Roughton Rountree Sharpe Sheppard Sills Smiley Smith of Muscogee Smith of Washington Spark:s Thigpen Thompson Turner Waller Wells of Ben Hill Wells of Telfair Wright Mr. Speak:er

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

On the passage of the bill, by substitute, the ayes were 99, the nays 23. The bill having failed to receive the requisite constitutional majority was lost. The following resolution of the House was read and adopted:

FRIDAY, MARCH 12, 1943

1209

HR 165. By Messrs. Gardner of Mitchell, Mrs. Guerry of Macon, Parle of Greene and Durden of Dougherty:
A RESOLUTION
WHEREAS,
Secretary of the Navy Honorable Frank Knox
Secretary of the Treasury Honorable Henry Morganthau Jr.
Rear Admiral George Murry
Rear Admiral William Glassford
Honorable WalterS. George, Senator from Georgia Honorable Richard B. Russell, Senator from Georgia
Honorable Carl Ramspeclc, Congressman from the 5th District
Honorable Carl Vinson, Congressman from the 6th District will be in Atlanta, March 12th, and;
WHEREAS, the Senate has adjourned for the weekend and will not be m session until after these distinguished gentlemen leave the City and;
THEREFORE, BE IT RESOLVED that the House of Representatives now in ses&ion extend a cordial invitation and request for these gentlemen to appear before the House of Representatives at the time most suitable and convenient to them.
The speaker appointed the following members to escort the distinguished guest to the speaker's stand:
Messrs. Gardner of Mitchell, Kendrick of Fulton, and
Mrs. Guerry of Macon.
Under the order of buainess established by the Committee on Rulei the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HR l57-631A. By Messrs. Harris of Richmond and Durden of Dougherty:
A resolution to authorize the revenue commissioner to order the use of stamps, labels or other indications of the payment of tax on malt beverages; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, the nays 0.
The resolution having received the requisite constitutional majority was adopted.

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JOURNAL OF THE HOUSE,

HR 141-594A. By Messrs. Rossee of Putnam and Cannon of Rockdale:
A resolution requesting the members of the national congress from Georgia to support legislation to establish a pharmacy corps in the United States army; and for ohter 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 Ill, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
HB 182. By Messrs. Alexander and Grayson of Chatham:
A bill to be entitled an act to authorize the recovery of attorney's fees and expenses by persons who are named as executors in wills which are contested; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
HR 69-274B. By Mr. Key of Jasper: A resolution to amend rule 198 of the rules of the Georgia House of Representatives so as to provide for the appointment of a committee known as "Veterans Affairs"; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
Mr. Culpepper of Fayette asked unanimous consent that HR 69-274B be adopted and the consent was granted.
HR 69-274B was adopted by unanimous consent. HB 524. By Messrs. Padgett of Echols, and Pirkle of Forsyth:
A bill to be entitled an act to provide that persons in the State of Georgia suffering from diabetes shall be furnished insulin by the state department of health, to provide a method of obtaining etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0. The bill having received the requisite constitutional majority was passed.

FRIDAY, MARCH 12, 1943

1211

HB 638. By Mr. Gillis of Treutlen:
A bill to be entitled an act to require from and after the passage of thisact in all counties having a population under the last or any future federal census of not less than 7,600 inhabitants, nor more than 7,650 inhabitants, all applicants for divorce cases in the superior court of any such county to deposit with the said clerk of said court, before the filing of such applicant's petition for divorce, the sum of Fifteen ($15.00) dollars as cost deposits, instead of six ($6.00) dollars; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 1.
The bill having received the requisite constitutional majority was passed.
At this time the Secretary of the Navy, Honorable Frank Knox, and the distinguished committee of escort, accompanied by Marion L. O'Conner and other distinguished guests, appeared upon the floor of the House. The speaker presented Secretary Knox to the House and the secretary delivered a short address. The speaker then presented the Honorable Marion L. O'Conner to the House and he thanked the members of the General Assembly for their efforts in the Cruiser Atlanta campaign.
Un~er the order of business established by the Committee on Rules the following bill of the House was taken up for consideration, read the third time and placed upon its passage:
HB 457. By Messrs. Pirkle of Forsyth and Thurmond of Hall:
A bill to be entitled an act to provide a method of sale of illegal distillery equipment and supplies upon their capture; to provide for the allocation of the funds collected therefrom; and for other purposes.
The following amendments were read and adopted:
Mrs. Mankin of Fulton moves to amend HB 457 by adding at the end of the appropriate section the following: "Provided that nothing herein shall apply in any county with a population of 200,000 or more by the last United States census or any future census."
Mr. Hagan of Screven moves to amend HB 457 by adding a provision requiring the officers to wreck said equipment so that it will be suitable only for junk.
Mr. Allison of Gwinnett moves to amend HB 457 by adding a new section thereto to be appropriately numbered to read as follows:
That from the proceeds of the sale of said property the sheriff or other lawful officer taking the property shall be paid a seizure fee in addition to the regular cost

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JOURNAL OF THE HOUSE,

of sale, the amount of which to be set and approved by the judge of the court having jurisdiction of the case.
Mr. Culpepper of Fayette moved that HB 457 be tabled.
On the motion to table HB 457", the ayes were 68, the nays 40.
The motion prevailed and HB 457 was tabled.
Mr. Durden of Dougherty moved that the House do now adjourn until Monday morning at 10:00 o'clock: and the motion prevailed.
Leaves of absence were granted Messrs. Foster of Paulding, and Fortson of Wilkes.
The speaker pro tern announced the House adjourned until Monday morning at 10:00 o'clock:.

MONDAY, MARCH 15, 1943

1213

Representative Hall, Atlanta, Georgia. Monday, March 15, 1943.
The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the speaker pro tern and opened with a prayer by the chaplain.
Mr. Ray of Warren asked unanimous consent that the call of the roll be dispensed with.
The consent was granted and the call of the roll was dispensed with. Mr. Etheridge of Fulton, Vice-Chairman of the Committee on Journals, reported that the journal of Friday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with. The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Reports of standing committees. 2. Second reading of bills and resolutions favorably reported. 3. First reading and reference of Senate bills. 4. Third reading and pa$sage of uncontested local bills. Mr. Foster of Paulding County, Chairman of the Committee on Amendments to the Constitution No. 1, submitted the following report: Mr. Speaker:
Your Committee on Amendments to the Constitution No. 1 have had under consideration the following resolutions of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 54. Do Pass.
SR 56. Do Pass. Respectfully submitted,
Foster of Paulding, Chairman.
Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and

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JOURNAL OF THE HOUSE,

ready for transmission to the Senate the following bill and resolutions of the House to wit:

HR 141.

HR 155.

HR 157.

HR 158.

HR 160.

HR 163.

HR 164.

HB 11.

HB 182.

HB 194.

HB 208.

HB 220.

HB 258.

HB 340.

HB 391.

HB 410.

HB 528.

HB 531.

HB 556.

HB 596.

HB 632.

HB 638.

HB 644.

HB 647.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

MONDAY, MARCH 15, 1943

1215

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor, the following bills and resolutions of the House to wit:
HR 129.
HR 149.
HB 189.
HB 335.
HB 461.
HB 544.
HB 545.
HB 549.
HB 588.
HB 603.
HB 607.
HB 615.
Respectfully submitted,
Johnson of Chattahoochee, Chairman.
By unanimous consent, the following resolutions of the Senate favorably reported, were read the second time:
SR 54. By Senators Kennedy of the 2nd and Forester of the 44th districts: A resolution proposing to the qualified voters of Georgia an amendment to paragraph 1 and 2, section 15, article 6, of the constitution of Georgia concerning the divorce provisions, by striking from said section, Paragraph 1 and 2 in their entirety and inserting in lieu thereof a new paragraph; and for other purposes.
SR 56. By Senators Preston of the 27th, Gross of the 31st, Atkinson of the lst, Pope of the 7th and Forester of the 44th districts: A resolution proposing to the qualified voters of Georgia for ratification or rejection an amendment to article 5, section I, paragraph 4, of the constitution of Georgia providing that the returns of every election of Governor shall be in such manner as is prescribed by the General Assembly; and for other purposes.
By unanimous consent, the following bill of the House was taken up for con-
sideration, read the third time and placed upon its passage:

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HB 647. By Messrs. Gowen and Gilbert of Glynn: A bill to be eatitled an act to authorize the comm1sswn of the City of Brunswick to use the Palmetto Square as a trailor camp during the present war emergency; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0. The bill having received the requisite constitutional majority was passed. The following report of the Committee on Rules was read and adopted: Mr. Speaker: Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HR 160-642A. Constitutional amendment, teachers pension. 2. HB 11. Relating to teachers pension. 3. SR 63. Relating to new constitution. 4. HB 158. Fiscal reports of counties and municipalities. 5. HB 429. Relating to opening and closing of polls in certain precincts. 6. HB 632. Relating to convicts doing farm work. 7. H R 42-177A. One term divorce--constitutional amendment. 8. HB 204. Relating to blind persons voting. 9. HB 526. Reciprocal agreement for farm produce. 10. HB 317. Fixing a system of coordinates. 11. HB 181. Eligibility for judge emeritus. 12. HB 297. Relating to insurance companies. 13. HR 52-2178. Relating to poll tax. 14. HB 144. Relating to beauticians and barbers. 15. HB 633. Creating Rhodes property commission. 16. HB 636. Relating to mansion site lease commission. 17. HB 637. Relating to extension of the lease of mansion property. 18. HB 574. Pasteurization of milk.

MONDAY, MARCH 15, 1943

1217

19. HB 330. Relating to liens for hauling lumber, logs, etc.
20. HB 239. Stamp tax.
21. HB 479. To pay W. Herbert Brannen medical expenses.
22. HB 509. Relating to hog cholera.
23. HB 232. Relating to correspondence courses
24. HR 153-615A. Resolution to pay City of Milledgeville for paving around Old Capitol square.
25. HR 73. Payment to Stocks Coal company. 26. HB 425. Seed bill. 27. HB 410. Relating to state farm markets. 28. HR 159-641A. Authorizing game and fish commission to abandon fish
hatchery. 29. HB 242. Creating state farm board. 30. HB 208. Relating to equal payments of taxes. 31. HB 646. Relating to City of Dalton. 32. HB 630. Permitting fishing year round in Sumter county. 33. HB 106. Full value insurance policy. 34. HR 103-454B. Special appropriation to Fred Black. 35. HB 292. Relating to deed by heirs at law. The speaker is authorized to call these bills in the order as he sees fit, and to add to the calendar any general bills with local application.
Durden of Dougherty, Vice-Chairman.

Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 11. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Etheridge of Fulton, Key of Jasper, MeN all of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Fortson of Wilkes, Grayson of Chatham, Foster of Paulding, Hand of Mitchell, Gowen of Glynn, Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Nicholson and Holley of Richmond, Smith of Muscogee, Hagan of Screven, and Dalton of Banks:

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A bill to be entitled an act to create and establish a teacher's retirement system of Georgia; and for other purposes.

The following substitute was read:

The Committee on the State of Republic offers the following committee substitute for HB 11:

A BILL

To be entitled an Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools and other State supported Schools; to determine membership and conditions of membership in said system; to provide for a Board of Trustees of said system for the administration of its affairs; To provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

SECTION 1

DEFINITIONS

The following words and phrases as used in this Act, unless a different meaning is plainly required by the context, shall have the following meanings:

( 1) "Retirement System" shall mean the Teachers' Retirement System of Georgia as defined in Section 2 of this Act.

(2) "Board of Trustees" shall mean the board of trustees as provided for in Section 6 of this Act to administer the retirement system.

(3) "Public School" shall mean any day school conducted within the State

under the authority and supervision of a duly elected or appointed county or inde-

pendent board of education.



(4) "Employer" shall mean the State of Georgia, the county or independent board of education, the State Board of Education, the Board of Regents of the University System of Georgia, or any other agency of and within the State by which a teacher is paid.

(5) "Teacher" shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in the supervision of the public schools, or any employee of the State Board of Education employed in a teaching or supervisory capacity or any bona fide teacher or supervisor of teachers employed in any school operated by the State Department of Education, or any teacher or supervisor of teachers employed and paid by the Board of Regents of the University System of Georgia. The word "teacher" shall include school librarians, and shall include

MONDAY, MARCH 15, 1943

1219

administrative officials who supervise teachers. The Board of Trustees shall determine in doubtful cases whether any person is a teacher, as defined in this Act. In the event the Georgia Education Association and any full-time employee thereof requests the Board of Trustees to permit the Association as employer and such employee to make contributions as herein defined to provide retireiilent benefits for such employee, the Board may permit such employee to come under the operation of this Act as a teacher but the State shall make no contributions on account of such employee. The word "teacher" shall not be deemed to include any employee or teacher whose salary is paid entirely from fees of students or any employee not engaged directly in class room teaching activities or in the supervising of teachers or any emergency or temporary employee.
(6) "Member" shall mean any teacher included m the membership of the retirement system as provided in Section 3 of this Act.
( 7) "Service" shall mean service rendered as a teacher and paid for by the State or oth~r employer.
(8) "Prior service" shall mean service rendered prior to July 1, 1943, for which credit is allowable as provided in Section 4 of this Act.
(9) "Membership service" shall mean service as a teacher rendered while a member of the retirement system for which credit is allowable as provided in Section 4 of this Act.
( 10) "Creditable service" shall mean prior service plus membership service.
( 11) "Regular interest" shall mean interest compounded annually at such a rate as shall be determined by the Board of Trustees in accordance with Section 6, Subsection ( 14) of this Act.
( 12) "Accumulated contributions" shall mean the sum of all the amounts deducted from the compensation of a member and credited to his individual account in the annuity savings fund, together with regular interest thereon, as provided in Section 8, of Subsection ( 1), of this Act.
( 13) "Earnable compensation" shall mean the full rate of regular compensation, excluding any part of compensation in excess of three thousand dollars per annum, payable to a member teacher for his full normal working time; in cases where compensation includes maintenance, the Board of Trustees shall fix the value of that part of the compensation not paid in money.
( 14) "Average final compensation" shall mean the average annual earnable compensation of a teacher during the last five years of creditable service, or, if he has had less than five years in creditable service, his average annual earnable compensation during his total creditable service.
( 15) "Annuity" shall mean annual payments for life derived from the accumulated contributions of a member.

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( 16) "Pension" shall mean annual payments for life derived from contributions of the State or other employer.

( 17) "Retirement allowance" shall mean the sum of the annuity and the pension, or any optional benefit payable in lieu thereof as provided in Section 5, Subsection (8), of this Act. All retirement allowances shall be payable in equal monthly installments; except that the Board of Trustees may pay, in lieu of a retirement allowance of less than ten dollars per month, a lump sum equivalent actuarial value.

( 18) "Retirement" shall mean withdrawal from service with a retirement allowance granted under the provisions of this Act.

(19) "Beneficiary" shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this Act.

(20) "Annuity reserve" shall mean the present value of all payments to be made on account of an annuity, or benefit in lieu of an annuity, computed at regular interest upon the basis of the mortality tables adopted by the Board of Trustees.
(21) "Pension reserve" shall mean the present value of all payments to be made on account of a pension; or benefit in lieu of a pension, computed at regular interest upon the basis of the mortality tables last adopted by the Board of Trustees.
(22) "Actuarial equivalent" shall mean a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted by the Board of Trustees.
(23) "Local retirement fund" shall mean any teachers' retirement fund or other arrangement for the payment of retirement benefits to teachers, maintained during the calendar year 1943 wholly or in part by contributions made by an employer as defined by this Act, exclusive of the system created by this Act.
(24) "Commencement date" shall mean January I, 1945, or as soon thereafter as the Board of Trustees shall determine, for the commencement of contributions by the state, by employers and by members, for the annuities and pensions provided by this Act.
SECTION 2
NAME OF ESTABLISHMENT
A retirement system is hereby established and placed under the management of the Board of Trustees for the purpose of providing retirement allowances and other benefits under the provisions of this Act for teachers of the State of Georgia. It shall have the power and privileges of a corporation and shall be known as the "Teachers Retirement System of Georgia", and by such name all of its business shall be transacted, all of its funds invested and all of its cash and securitie~ and other property held.

MONDAY, MARCH 15, 1943

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SECTION 3
MEMBERSHIP
( 1) Any person who becomes a teacher after January 1, 1944, shall become a member of the retirement system as a condition of his employment, except as herein otherwise provided.
(2) Any person who was a teacher on January 1, 1943, or becomes a teacher prior to January 1, 1944, shall become a member unless prior to January 1, 1944, he files with the Board of Trustees on a form provided by the Board a notice of his election not to be included in the membership of the system and a duly executed waiver of all present and prospective benefits which would otherwise accrue to him by participating in the system. Such a teacher who elects not to become a member may thereafter apply for and be admitted to membership, but without credit for service rendered after July 1, 1943, and prior to the time he becomes a member, and without prior service- credit.
(3) A teacher otherwise eligible shall be classified as a member only while he is in the service of an employer not operating a local retirement system.
(4) The membership of any member shall terminate if he dies, retires under this retirement system, or withdraws his contributions, or if in a period of three consecutive years after becoming a member he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund. Nothwithstanding the foregoing, the Board of Trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the Board of Trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. No benefit under the retirement system other than the payment of the contributions of such a teacher with allowable interest credits shall become payable to him or on his account while he is not in service as a teacher and no contribution shall be made to this system by the State or other employer by reason of his service during any such time, except as herein otherwise provided.
SECTION 4
CREDITABLE SERVICE
( 1) The Board of Trustees shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, but in no case shall more than one year of service be creditable for all service in one calendar year. Service rendered for a regular school year shall be equivalent to one year's service.
(2) Under such rules and regulations as the Board of Trustees shall adopt, each member who was a teacher at any time during the calendar year 1943 shall file a detailed statement of all service as a teacher rendered by him prior to July 1, 1943,

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for which he claims credit. In the event any person who would otherwise have qualified under this Subsection shall be on leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualifiy under the provisions hereof. Upon verification of such statement of service, the Board of Trustees shall issue a prior service certificate certifying to the member the period of service prior to July 1, 1943, with which he is credited on the basis of his statement of service, and certifying the amount of his "prior service accumulations" as defined in Sub-section ( 3) of this Section 4. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may, within one year from the date of issuance or modification of such certificate, request the Board of Trustees to modify or correct his prior service certificate. When membership ceases, such prior service certificate shall become void.
(3) The prior service accumulations of a member shall be equal to the amount of the contributions he would have made had the retirement system been in operation, together, with regular interest thereon to July 1, 1943, at the rate of regular interest in effect on that date, if he had made contributions during his prior service with respect to his earnable compensation as defined in Section 1, Subsection ( 13), including service in a school system in this State which operates or operated a local retirement fund. In determining the earnable compensation of any member for the years of his prior service, the Board may use, in lieu of the compensation received by the member during his prior service, the rates of compensation which, if they had progressed during such prior service in accordance with the tables adopted by the Board as provided in Section 6, Subsection ( 14) of this Act, would have resulted in the same average final compensation on July 1, 1943, as the records show the member received.
(4) Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of the membership service rendered by him since he last became a member after the commencement date, and, if he has a prior service certificate in full force and effect, the amount of the service certified on his prior service certificate.
SECTION 5
BENEFITS,
SERVICE RETIREMENT BENEFIT.
( 1) (a) Any member in service may retire on a service retirement allowance upon written application to the Board of Trustees setting forth at what time, not less than thirty days nor more than ninety days subsequent to the execution and filing thereof, he desires, to be retired provided the member at the time so specified for retirement has att.ained age sixty and notwithstanding that during such period of notification he may have separated from service.
(b) Any member in service who on the commencement date has attained age seventy or who thereafter attains age seventy shall be retired forthwith on a service

MONDAY, MARCH 15, 1943

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retirement allowance; except that with the approval of his employer he may remain in service until the end of the school year. Upon the recommendation of the employer and approval by the .Board of Trustees a member may be continued in service for a period of one year following each such recommendation and approval, but not beyond June 30, 1949.
ALLOWANCE ON" SERVICE RETIREMENT
(2) Upon service retirement a member shall receive a service retirement allowance which shall consist of :
(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and,
(b) A pension equal to the annuity allowable at age sixty computed on the basis of his contributions made prior to the attainment of age sixty.
(c) If he has a prior service certificate in full force and effect, an additional pension which shall be equal to the annuity which would have been provided at age sixty by twice the amount of his prior service accumulations as defined in Section 4, Subsection ( 3), of this Act, with regular interest thereon as from time to time in effect from the commencement date to his attainment of age sixty.
DISABILITY RETIREMENT BENEFIT
(3) Any member in service may be retired by the Board of Trustees on a disability retirement allowance upon written application to the Board of Trustees made by such member or by his employer, not less than thirty days nor more than ninety days subsequent to the execution and filing thereof, provided such member has fifteen or more years of creditable service, and provided the Medical Board, after a medical examination of such member, shall certify that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent and that he should be retired.
ALLOWANCE ON" DISABILITY RETIREMENT
(4) Upon disability retirement a member shall receive a service retirement allowance if he has attained age sixty, otherwise he shall receive a disability retirement allowance which shall consist of:
(a) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement.
(b) A pension equal to seventy-five per centum of the pension that would have been payable upon service retirement at age sixty had he continued in service to age sixty without further change in compensation.
RE-EXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT OF DISABILITY
(5) Once each year during the first five years following retirement of a member on a disability retirement allowance, and once in every three-year period there-

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JOURNAL OF THE HOUSE,

after, the Board of Trustees may require a disability beneficiary who has not yet attained age sixty to undergo a medical examination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the Medical Board, and such a beneficiary may himself request such an examination. Should any disability beneficiary who has not yet attained age sixty refuse to submit to such medical examination, his pension may be discontinued by the Board of Trustees until his withdrawal of such refusal, and should his refusal continue for one year all his rights in and to his pension may be revoked by the Board of Trustees. Should the Medical Board report and certify to the Board of Trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his average final compensation, the Board of Trustees may reduce his pension to an amount which, together with his annuity and the amount earnable by him, equals his average final compensation. Should his earning capacity be later changed, the amount of his pension may be further modified; provided that the new pension shall not exceed the amount of the pension originally granted nor an amount which, when added to the amount earnable by him together with his annuity, equals his averagt: final compensation.
RESTORATION OF BENEFICIARIES TO MEMBERSHIP
(6) If a beneficiary is restored to service and receives annual compensation of not less than his average final compensation, his retirement allowance shall cease, and he shall again become a member of the retirement system and contribute thereafter. Anything in this Act to the contrary notwithstanding, any prior service certificates on the basis of which his creditable service was computed at the time of his retirement shall be restored to full force and effect, and upon his subsequent retirement he shall be credited with all his service as a member, but should he be restored to service- on or after the attainment of age fifty his pension upon subsequent retirement shall not exceed the sum of the pension which he was receiving immediately prior to his last restoration to membership and the pension payable in respect to his service since his last restoration to membership.
RETURN OF CONTRIBUTIONS
(7) If a member ceases to be a teacher other than by death or by retirement under this retirement system, the amount of his contributions to this retirement system shall be payable to him upon his request, with no interest credits thereon if he has less than five years of membership service or with three quarters of the regular interest credited thereon to the time he ceases to be a member, if he has five or more years but less than fifteen years of membership service, or with the full regular interest thereon to the time he ceases to be a member if he has fifteen years or more membership service. If a member dies, the amount of his accumulated contributions, with interest credits thereon, according to his length of service as in this subsection specified, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise, to the member's estate.

MONDAY, MARCH 15, 1943

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OPTIONAL ALLOWANCES:
(8) Until the first payment of any member's retirement allowance becomes normally due, he may elect to convert the retirement allowance, otherwise payable to him, into a modified retirement allowance of equivalent actuarial value in accordance with one of the optional forms named below; provided, however, that if he dies within thirty days after retirement, his optional election shall not be effective, and he shall be considered to be a member in active service at the time of his death.
Option 1. A reduced retirement allowance payable during the life of the retired member, with the provision that if he dies before he has received in payments of his annuity the amount of his accumulated contributions at the time of his retirement, the balance of such amount shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees, otherwise to the retired member's estate.
Option 2 A reduced retirement allowance payable during the life of the retired member, with the provision that after his death the reduced retirement allowance shall he continued throughout the of and paid to the person nominated hy him hy written designation duly executed and filed with the Board of Trustees at the time of his retirement.
Option 3. A reduced retirement allowance payable during the life of the retired member, with the provision that after his death one half of the reduced retirement allowance shall be continued troughout the life of and paid to the person nominated by him by written designation duly executed and filed with the Board of Trustees at the time of his retirement; or
Option 4. A reduced retirement allowance payable during the life of the retired member, with the provision that upon his death some other benefit shall be payable; provided that the total value of the retirement allowance payable during his life and the succeeding benefit shall be computed to be of equivalent actuarial value to the retirement allowance which he would receive without optional modification and provided that the benefit shall be approved by the Board of Trustees.
TIME WHEN SERVICE BENEFITS BECOME EFFECTIVE
(9) No member shall retire or receive benefits under this retirement system prior to the commencement date, but any person eligible for service retirement or disability benefits after January 1, 1943, and prior to the commencement date shall be entitled to the benefits provided by this Act, even though he is not a teacher on the commencement date.
SECTION 6
ADMINISTRATION-BOARD OF TRUSTEES.
( 1) The administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this Act are hereby vested in the Board of Trustees, which shall be organized immediately after a maioritv of the trustees providl'd for in ~his Section 6 have qualified and taken the oath of office.

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(2) The Board of Trustees shall consist of seven trustees as follows:
(a) The State Auditor, ex-officio.
(b) The State Insurance Commissioner, ex-officio.
(c) The Secretary of the Georgia Education Association, ex-officio.
(d) One member, a school administrator or a school principal; one member, an employee of the Board of Regents of the University System of Georgia; and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the Assembly of the Georgia Education Association in accordance with such rules as the Board of Trustees shall adopt to govern such election; provided, however that two of the three members herein referred to shall first be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946, and the third member shall be first appointed by the Board of Regents to serve for a term from the date of appointment to June 30, 1945.
(e) The seventh trustee shall be a citizen of the state, not a member of the retirement system, who shall be experienced in the investment of moneys and who shall be elected by the remaining six trustees for a term of four years, the first such term to expire June 30, 1937.
( 3) If a vacancy occure in the office of a trustee, the vacancy shall be filled for the unexpired term by the remaining trustees
( 4) The trustees shall serve without compensation, but shall be reimbursed from the expense fund provided for in Section 8, Subsection ( 5), of this Act, for all necessary expenses that may incur through service on the Board of Trustees.
( 5) Each trustee shall, within ten days after his appointment or election, take oath of office that so far as it devolves upon him he will diligently and honestly administer the affairs of the Board of Trustees, and the he will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the retirement system. Such oath shall be subscribed to by the trustee making it and certified by the officer before whom it is taken, and shall be filed immediately in the office of the Secretary of State.
(6) Five trustees at any meeting of the Board of Trustees shall constitute a quorum to transact business. Each trustee shall be entitled to one vote in the Board, and four votes shall be necessary for a decision by the Board.
(7) Subject to the limitations of this Act, the Board of Trustees may, from time to time, establish rules and regulations for the administration of the funds created by this Act and the transaction of its business.
(8) The Board of Trustees shall elect from its membership a Chairman and shall elect a Secretary who shall not be one of its members. The Board shall engage

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such actuarial and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the Board, and all other expenses of the Board necessary for the operation of the system shall be paid at such rates and in amounts as the Board of Trustees shall approve.
(9) The Board of Trustees shall keep in convenient form such data as shall be necessary for actuarial valuations of the various funds of the retirement system, and for checking the experience of the system.
( 10) The Board of Trustees shall keep a record of all of its proceedings, which shall be open to public inspection. It shall publish annually a report showing the fiscal transactions of the retirement system for the preceding year, the amount of the accumulated cash and securities of the system, and the last balance sheet showing the financial condition of the system by means of an actuarial valuation of the contingent assets and liabilities of the system.
LEGAL ADVISOR
( 11) The State Attorney General shall be the legal advisor of the Board of Trustees.
MEDICAL BOARD
( 12) The Board of Trustees shall designate a Medical Board of three physicians not eligible to participate in the retirement system. If required, other physicians may be employed to report on special cases. The Medical Board shall arrange for and pass upon all medical examinations required under the provisions of this Act, ;md shall report in writing to the Board of Trustees its conclusions and recommendations upon all the matters referred to it.
DUTIES OF ACTUARY
( 13) The Board of Trustees shall designate an actuary who shall be the technical advisor of the Board on matters regarding the operation of the funds created by the provisions of this Act, and who shall perform such duties as are required in connection therewith.
( 14) From time to time and at least in every five-year period, the actuary shall make an actuarial investigation into the mortality, service and compensation experience of the members and the beneficiaries of the retirement system, and recommend for adoption by the Board of Trustees mortality, service and other tables needed in the operation of the system, and taking into account the results of such investigations the Board from time to time shall adopt for the system such mortality, service and other tables as it shall deem necessary, for use in all calculations required in connection with this system. The Board shall also determine from time to time the rate of regular interest for use in all calculations required in connection with the system, limited to a minimum of 2 per centum and a maximum of 4 per centum, with the
rate 30 per centum applicable until changed by the Board.
(IS) On the basis of regular interest and the tables last adopted by the Board

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of Trustees, the actuary shall make annual valuations of the contingent assets and liabilities of the retirement system.
SECTION 7
MANAGEMENT OF FUNDS
(I) The members of the Board -of Trustees shall be the trustees of the retirement system, and shall have full power to invest and reinvest such assets, subject to all the terms, conditions, limitations and restrictions imposed upon the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments; and, subject to like terms, conditions, limitations and restrictions, the trustees shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the assets of the system are invested, including the proceeds of any investments and any money belonging to the system.
(2) The Treasurer of the Board of Trustees who shall be appointed by the Board, and subject to the rules and regulations of the Board, shall be the Treasurer of the assets of the retirement system. All payments of the funds of the system shall he made by the Treasurer only upon vouchers signed by the Treasurer and countersigned by one other person designated by the Board of Trustees. The Treasurer of the Board of Trustees shall furnish the Board of Trustees a surety bond in a company authorized to do business in the State of Georgia in such an amount as shall be required by the Board, the premium to be paid from the expense fund provided for in Section 8, Subsection (5), of this Act; provided that if the Treasurer is a corporate trustee authorized to do business as such under the laws of this State, no such bond shall be required in the discretion of the Trustees.
(3) For the purpose of meeting disbursements for pensions, annuities and other payments, there may be kept available cash on deposit in one or more hanks or trust companies organized under the laws of the State of Georgia or of the United States; provided that the sum on deposit in any one bank or trust company shall not exceed twenty-five per centum of the paid-up capital and surplus of each bank or trust company; and provided, that each bank shall give a depository bond in an amount sufficient to cover the deposits or each bank shall place in trust a sufficient amount of Federal or State securities as to cover the deposits.
(4) Except as otherwise provided in this Act, no trustee or employee of the Board of Trustees shall have any personal interest in the gains or profits from any investment made by the Board, or use in any manner, directly or indirectly, for himself or as an agent, the assets of the retirement system, except to make such payments as are authorized by the Board in accordance with the provisions of this Act.
SECTION 8
METHOD OF FINANCING
All of the assets of the retirement system shall he credited according to the purpol':e for which they are held among five funds to be known as the annuity savings

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fund, the annuity reserve fund, the pension accumulation fund, the pension reserve fund and the expense fund.
ANNUITY SAVINGS FUND
( 1) The annuity savings fund shall be the fund in which are accumulated the contributions deducted from the compensation of members to provide for their annuities. Contributions to and payments from annuities savings fund shall be made as follows:
(a) Each employer shall cause to be deducted from the salary of each member for each and every payroll period after the commencement date five per centum of his earnable compensation, but the employer shall not have any such deduction made from the compensation of a member who elects not to contribute if he has attained age sixty and has completed thirty-five or more years of service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation pzyable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit the deduction from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate the making of deductions the employer may mqdify the deductions required of any member but not more than one-tenth of one per centum of the annual compensation upon the basis of which such deductions are to be made. Each employer shall immediately pay to the Board of Trustees, in such manner as the Board shall prescribe, the amounts deducted which shall be credited by the Board to the individual accounts in the annuity savings fund of the members from whose compensation the deductions were made.
(b) The deductions provided for herein shall be made notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby..Every member shall be deemed to consent and agree to the deductions made and provided for herein, and payment of salary or compensation less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits provided under this Act.
(c) In addition to the contributions deducted from the compensation of members as hereinbefore provided, any member may, subject to the approval of the Board of Trustees and such conditions as the Board may prescribe, redeposit in the annuity savings fund by a single payment or by an increased rate of contribution an amount equal to the total amount which he previously withdrew therefrom as provided in this Act, or any part thereof; or any member may, subject to the approval of the Board and such conditions as the Board may prescribe, deposit therein by a single payment or by an increased rate of contribution an amount computed to be sufficient to purchase an additional annuity which, together with his prospective retirement allowance, will provide for him a total retirement allowance of not more than onehalf of his average final compensation at age sixty. Such additional amounts so deposited shall become a part of his accumulated contributions; provided that upon

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retirement they shall be treated as excess contributions returnable to the member as an annuity of equivalent actuarial value and shall not be considered in computing the pension.

(d) The contributions of a member withdrawn by him, or payable in the event of his death, shall be paid from the annuity savings fund, and any balance of the accumulated contributions standing to the credit of his individual account shall be transferred from the annuity savings fund to the pension accumulation fund. Upon the retirement of a member, his accumulated contributions shall be transferred from the annuity savings fund to the annuity reserve fund.
(e) Notwithstanding the preceding provisions, no deductions shall be made from a member's salary if the employer's contribution as to such member is in default.

ANNUITY RESERVE FUND

(2) The annuity reserve fund shall be the fund in which shall be the fund in which shall be held the reserves on all annuities in force and from which shall be paid all annuities, and, all benefits in lieu of annuities, payable as provided in this Act. Should a beneficiary be restored to membership, his annuity reserve shall be transferred from the annuity reserve fund to the annuity savings fund and credited to his individual account herein.

PENSION ACCUMULATION FUND

(3) The pension accumulation fund shall be the fund in which shall be accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by employers, as follows:

(a) The contributions of employers of members shall consist of a percentage of

the earnable ecompensation of members to be known as the normal contribution, and

as an additional percentage of such earnable compensation to be known as the accrued

liability contribution. The rate per centum of such contribution shall be fixed on the

basis of the liabilities of the retirement system as shown by actuarial valuation, as

provided for in Section 6, Subsection (15) of this Act. Until the first valuation, the

percentage normal contribution rate shall be 2.73 per centum of each member's earn-

able compensation and the percentage accrued liability contribution rate shall be

4.10 per centum of each member's earnable compensation.

,

(b) The percentage normal contribution rate shall be determined after each actuarial valuation. Until all accrued liability contributions have been completed, the percentage normal contribution rate shall be determined on the basis of a regular interest and the tables last adopted by the Board of Trustees, as the uniform and constant percentage of the earnable compensation of the average new entrant member, which, if contributed on the basis of his prospective earnable compensation throughout his entire period of active service, would be sufficient to provide for the payment of any pension payable on his account. After all accrued liability contributions have been completed, the normal contribution rate shall be the rate per centum of the earnable compensation of all members obtained by deducting from the total liabilities

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1231

of the pension accumulation fund the amount of the funds .in hand standing to the credit of the pension accumulation fund, and dividing the remainder by one per centum of the present value of the prospective future earnable compensation of all members.
(c) Immediately following the first actuarial valuation, the percentage accrued liability contribution rate shall be computed as the rate per centum of the total earnable compensation of all members which is equivalent to four per centum of the total liability of the pension accumulation fund in excess of the funds in hand standing to the credit of the pension accumulation fund, which is not discharged by the normal contributions payable in respect of members during the remainder of their active service. The amount of funds for the credit of each annual accrued liability contribution account shall be at least three per centum greater than the amount placed to the credit of each accrued liability contribution account in the previous year and in no event shall the accrued liability contribution in any year be less than the amount which when combined with the normal contributions and the amount of funds in hand standing to the credit of the pension accumulation fund, will provide all payments and transfers from the pension accumulation fund as required by this Subsection (3) during the year then current. The accrued liability contribution shall be discontinued as soon as the amount of the funds standing to the credit of the pension accumulation fund equals the present value, as actuarially computed, and approved by the Board of Trustees, of the total liabilities of the pension accumulation fund less the present value of the normal contributions to be made at the normal contribution rate then in force in respect of all persons who are at that time members.
(d) In addition to the 5% contribution of each member for an annuity savings
fund as provided for in Section 8, Subsection (la), that part of the cost for pensions under this retirement system which is to be borne by appropriation from the State, payable to the Board of Trustees, shall consist of the normal and accrued liability contributions based on the part of the earnable compensation of members payable from State teacher salary funds as provided by law, or from funds of the Board of Regents of the University System of Georgia, or from other funds of the State, at the rates provided in Section 8, Subsection ( 3a), and the balance of the cost for pensions, consisting of the normal and accrued liability contributions at the rates provided in Section 8, Subsection (3a), based on the part of the earnable compensation of members not payable from State teachers' salary funds or from other funds of the State shall be borne by the employers having contributing members in their employ, and each employer having contributing members in its employ shall pay immediately such contributions to the Board of Trustees, to be credited to the pension accumulation fund.
(e) All interest and dividends earned on the funds of the retirement system shall be credited to the pension accumulation fund. Once each year the Board of Trustees shall transfer from the pension accumulation fund to the annuity savings fund, the annuity reserve fund and the pension reserve fund, respectively, amounts sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund and to allow regular interest on the mean amounts of the reserves in the annuity reserve fund and the pension reserve fund.

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(f) All pensions, or benefits in lieu of pensions, payable to or on account ot members entitled to credit for prior service shall be paid from the pension accumulation fund. Upon the retirement of a member not entitled to credit for prior service, an amount equal to his pension reserve shall be transferred from the pension accumulation fund to the pension reserve fund. The Board of Trustees in its discretion may transfer from time to time to the pension accumulation fund the amount of any surplus which may develop in the reserves held in the annuity reserve fund or the pension reserve fund as shown by actuarial valuation, or may transfer from time to time from the pension accumulation fund the amount of any deficit which develops in the reserves held in the annuity reserve fund or the pension reserve fund as shown by actuarial valuation.
PENSION RESERVE FUND
(4) The pension reserve fund shall be the fund in which shall be held the reserves on all pension granted to members not entitled to credit for prior services, and from which such pensions, and benefits in lieu thereof, shall be paid. If a beneficiary receiving a pension from the pension reserve fund is restored to membership, his pension reserve shall be transferred from the pension reserve fund to the pension accumulation fund. If the pension of a disability beneficiary receiving a pension from the pension reserve fund is reduced as a result of an increase in his earning capacity, the amount of the reduction in his pension shall be transferred annually from the pension reserve fund to the pension accumulation fund.
EXPENSE FUND
( 5) The expense fund shall be the fund to which shall be credited the State funds provided by an appropriation to pay the administrative expense of the retirement system, and from which shall be paid all expenses incurred in the administration and operation of the system.
APPROPRIATION REQUESTS
(6) Thirty days prior to the time the State Board of Education fixes the minimum schedule of teachers' salaries for the ensuing year, the percentage normal and accrued liability contribution rates as determined on the basis of the last annual actuarial valuation shall be certified by the Board of Trustees to the State Board of Education, to the Board of Regents, and to each employer having members in its employ. Each employer other than the State having members in its employ shall in~ dude in its budget filed with the State Superintendent of Schools, amounts equal to the contributions on account of contributing members in its employ for the ensuing year. The State Board of Education and the Board of Regents, in their estimates submitted to the Governor and General Assembly of the funds necessary for the operation of their respective school systems shall include a request for an appropriation payable to the Board of Trustees, in an amount equal to the aforesaid percentages of the part of the earnable compensation of members payable from State teacher salary funds or from funds of the Board of Regents or from other state funds, and an additional $25,000.00 payable to the Board of Trustees e.ach year for

MONDAY, MARCH 15, 1943

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an expense fund, or such part of such expense fund as the Board of Trustees shall certify as necessary; and may be made available by the Budget Authority provided that the percentage contribution rates beginning on the commencement date and until changed as herein provided shall be as set forth in Subsection ( 3), Paragraph (a), of this Section 8, and the Budget authorities may make available to the Trustees sufficient funds for this purpose from the commencement date until the end of the fiscal year. The General Assembly shall make appropriations to the Board of Trustees sufficient to provide for the expense fund and for the contributions equal to the aforesaid percentages of the part of the earnable compensation of members payable from State teacher salary funds.
DATE OF COMMENCEMENT OF CONTRIBUTIONS
(7) No contributions to the retirement system shall be made by the state, by employers or by members prior to the commencement date, except the contribution of the state for an expense fund to pay the expenses of setting up and operating the retirement system prior to that date. On January 1, 1945, or as soon thereafter as the Board of Trustees shall determine, herein defined as the "commencement date", the Board of Trustees shall notify all employers, and the employers shall notify the members, that contributions will commence on said date; and thereupon the provisions of this Act with reference to such contributions will go into effect. In determining the commencement date, the Board of Trustees shall be governed by the money made available by the State to carry this Act into effect.
SECTION 9
MEMBERS OF LOCAL RETIREMENT FUNDS
( 1) Teachers in the service of an employer operating a local retirement fund shall not be members of the retirement system established in this Act and such teachers shall make no contributions to this retirement system and shall be eligible for pension benefits under this retirement system only as provided in this Section 9. If such a teacher retires under the provisions of his local retirement fund and if at the time of his retirement he would have been eligible for service retirement under the provisions of his retirement system had he been a member, the Board of Trustees shall pay from this system to the managing board of the local retirement fund a pension equal to the pension for membership service which would have been payable under this system in respect of the part of his earnable compensation payable from State funds if such member had been classified as a member of this system immediately prior to the time of his retirement; and, if, as hereafter provided, he has a prior service certificate in full force and effect, the Board shall also pay the pension that would have been payable on account of the prior service accumulations certified thereon; provided that the excess of any such pension payable under this system over the retirement income provided by the local retirement fund by contributions of the employer, shall be payable to the retired teacher, and not to the local retirement fund. It shall be the duty of the employers operating local retirement funds to report to the Board of Trustees annually or at such other intervals as shall be set by the Board, the earnable compensation paid from State funds of each teacher in their

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employ paid from State funds and such other information as may be needed for establishing the prospective benefit of the member.
(2) Within ninety days prior to January 1, 1944, each employer having a local retirement fund shall report to the Board of Trustees a complete list of all teachers in his employ, giving for each such teacher the date of birth, years of service, and salary, showing the amount of such salary which is paid from State funds and such other information as shall be needed by the Board of Trustees in order to establish for each teacher a prior service credit on account of the salary of such teacher paid from State funds, and such Board of Trustees shall then issue to such teacher a prior service certificate which shall continue in force so long as such teacher remains in the employ of such employer, or in the service of an employer not having a local retirement fund, without a break in service which would have resulted in the cancelling of such certificate had the teacher been a member of such system. Should a member of the System enter the employ of an employer operating a local retirement fund, he shall cease to contribute to this retirement system and become subject to the provisions of the local retirement fund but he shall not lose his previous accrued credits in the State Retirement System so long as he continues in the service of such employer, and he shall accrue additional credits on such part of his salary as is paid from State funds.
(3) Should a teacher in the service of an employer operating a local retirement fund become a member of this retirement system by entrance into the service of an employer, without a local retirement fund, he shall contribute to the State System while so employed and continue with the previous credits in the State System which he had at the time of becoming a member.
(4) Notwithstanding _any other provisions of this Act, the actuary in determining the normal and accrued liability contributions, and the Board in setting such contributions and the amount of the appropriations to be paid by the State to the Pension Accumu~ation Fund, shall include the liabilities on account of the State compensation paid to teachers in the employ of employers having local retirement funds, and the pension payable from the Pension Accumulation Fund and the Pension Reserve Fund shall include those payable on account of teachers in the service of meployers having local funds as provided in this Section.
( 5) If the majority of teachers in the service of an employer operating a local retirement fund vote to discontinue the local retirement fund and the employer approves such discontinuance, the local retirement fund shall be dissolved and its operation discontinued as of a date to be set by the employer. Teachers in the employ of such employer shall thereupon become eligible for membership in this retirement system. Within one year after the dissolution of the local retirement fund, its managing board shall pay to each teacher covered by the local retirement fund the amount, if any, which would have been payable under the local retirement fund as a withdrawal benefit had his employment terminated on the date of dissolution. If the assets of the local fund are not sufficient to make the aforesaid payments in full to or in respect of all teachers, the payments made shall be reduced in the ratio that the amount of such assets bears to the total of such payments if made in full; or if

MONDAY, MARCH 15, 1943

1235

a balance remains after making such payments in full to or in respect of all teachers, such balance shall he paid by the managing board of the local retirement fund to the employer. Upon the dissolution of any local retirement fund, in accordance with this Subsection (5), the employer shall become liable for and shall pay all pensions entered upon and in effect at the time the local retirement fund is dissolved.
(6) If any local retirement fund shall be dissolved as herein provided within 6 months after the commencement date, teachers in the service of such employer shall be entitled to become members of this system as of the date of such dissolution, and shall be entitled to prior service credits as herein provided for other members, for service previous to July 1, 1943, and shall be entitled to creditable service after the date of such dissolution.
(7) Anything in this Section 9 to the contrary notwithstanding, an employer operating a local retirement fund may elect to have benefits payable under this retirement system in respect of earnable compensation in excess of the part of earnable compensation payable from the State funds, and, if the Board of Trustees of this system approves, an actuarial valuation shall be made by the actuary of this system to determine the amount of the additional contribution payable by the employer to provide such additional benefits. Upon agreement of the employer to provide such additional contributions by uniform payments over a period of not more than twenty years, such additional credits shall be allowed the members in the employ of such employer as will result in the payment of such additional benefits at retirement.
SECTION lO
EXEMPTION FROM EXECUTION
The right to a pension, an annuity, or a retirement allowance, to the returns of contributions, the pension, annuity or retirement allowance itself, any optional benefit or any other right accrued or accruing to any person under the provision of this Act, and the moneys in the various accounts created by this Act, are hereby exempt from any State, county or municipal tax, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as in this Act specifically otherwise provided.
SECTION 11
PROTECTION AGAINST FRAUD: ERRORS
Any person who shall knowingly make any false statements or shall falsify or permit to be falsified any record or records of the retirement system in any attempt to defraud the system as a result of such Act shall be guilty of misdemeanor, and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding five hundred dollars, or imprisonment not exceeding twelve months, or both, such fine and imprisonment to be at the discretion of the court. Should any change or error in the records result in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the Board of Trustees shall have the power to correct such

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error and to adjust as far as practicable the payments in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
SECTION 12
GUARANTY
The maintenance of annuity reserves and pension reserves as provided in this Act, the crediting of regular interest to the various funds as provided in Section 8 of this Act, and the payment of all pensions, annuities, retirement allowances, refunds and other benefits granted under the provisions of this Act, are hereby made obligations of the pension accumulation fund. All assets of the pension accumulation fund, and all income, interest and dividends derived from deposits and investments shall be used for the payment of said obligations and for no other purpose.
SECTION 13
LIMITATION ON MEMBERSHIP
Except as specifically provided in this Act, no other provision of law under any other statute which provides wholly or partly at the expense of the State of Georgia for pensions or retirement benefits for teachers in the State, their widows or their dependents, shall apply to members or beneficiaries of this retirement system, their widows or their dependants.
SECTION 14
EFFECTIVE DATE OF ACT
This Act shall become effective when and if the constitutional amendment is adopted and proclaimed by the Governor, but the State shall make no contributions to the pension fund as provided herein, and no other contribution except to the expense fund; and no employer or member shall be required to make contributions as provided herein, until after the ratification of an amendment to the Constitution of Georgia authorizing the levy of taxes by the State for such purpose. In the event such amendment is not ratified at the next general election after approval of this Act, this Act shall stand repealed, from the date when the returns of said election are duly certified.
The following amendments to the committee substitute were read and adopted:
Mr. Caldwell of Troup moves to amend the substitute for HB 11 by amending section 1, subsection 5 the following on line 6 after the word Teachers and before the word employer: "And all nonclerical personnel of the agriculture extension service of the University of Georgia."
Messrs. Brewton of Evans, McCracken of Jefferson, and Ray of Warren move to amend the committee substitute for HB 11 as follows: By striking the last sentence in section two and inserting in lieu thereof the following language: It shall have the power and privileges of a corporation, the right to sue and be sued, to im-

MONDAY, MARCH 15, 1943

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plead and be impleaded, and shall be known as the "Teachers Retirement System of Georgia," and by such all of its business shall be transacted, and all of its funds invested and all of its cash and securities and other property held."
Messrs. Thrash of Coffee and Gardner of Mitchell move to amend committee substitute for HB 11 by striking the sentence from the fourth line from the bottom of the grst page in section 1, which is as follows: "The word 'teacher' shall include school librarians, and shall include administrative officials who supervise teachers," and insert in lieu thereof the following sentence: "The word 'teacher' shall invlude schcool librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the University System, and shall include secretary and treasurer of the Board of Regents."
Mr. Key of 1asper moves to amend H B 11 as follows: Amend section 8 by
striking therefrom section (6) entitled "Appropriation Requests" and substituting m lieu thereof the following subsection, to be known as subsection (6) :
(6) Thirty days prior to the time the State Board of Education fixes the minimum schedule of teachers' salaries for the ensuing year, the percentage normal and accrued contribution rates as determined on the basis of the last annual actuarial valuation shall be certified by the Board of Trustees to each employer having members in its employ. Each employer, other than the state, having members in its employ shall include in its budget filed with the state superintendent of schools amounts equal to the contributions on account of contributing members in its employ for the ensuing year. The State Board of Education and the Board of Regents in their estimates submitted to the Governor and the General Assembly of the funds necessary for the operation of their respective school systems shall include a request for an appropriation payable to the Board of Trustees in an amount equal to the aforesaid percentages of the part of the earnable compensation of members payable from state teachers' salary or from friends of the Board of Regents or from other state funds and for an additional amount as expense for the operation of the act; provided that the percentage contribution rates for pensions beginning on the commencement date and until changed, as herein provided, shall be set forth in subsection ( 3), paragraph (a) of this Section 8. The General Assembly shall make appropriations to the Board of Trustees sufficient to provide for the said contributions equal to the aforesaid percentages as a part of the earnable compensation of members payable from the State teachers' salary funds and for the necessary expense to carry out this act.
Mr. Key of 1asper moves to amend the substitute for HB 11 as follows: Amend
section 14 by striking the said section and substituting in lieu thereof the following:
Section 14. This act shall before effective on its approval but neither the state nor any other employer or member shall be obligated to make contributions for the pensions and annuities provided herein until after the General Assembly has by appropriation made available funds for the contribution of the state for its part of such pensions and annuities as stated in this act. In the event an amendment to the Constitution of Georgia authorizing the levy of taxes by the state for such purposes is not ratified at the next general election after approval of this act, this act shall stand repealed from the date when the returns of said elections are duly certified.

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By unanimous consent, the substitute as amended was adopted.
Mr. Key of Jasper moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute as amended, the ayes were 125, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute as amended.
Mr. Key of Jasper "asked unanimous consent that HB 11 be immediately transmitted to the Senate and the consent was granted.
HB 11 was ordered immediately transmiti..::d to the Senate.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate ms1sts on its amendment to the following bill of the House and respectfully asks that a Committee of Conference be appointed:
HB 437. By Messrs. Hubert, Broome and Turner of DeKalb: A bill to create and establish for DeKalb county, a D~Kalb county waterworks advisory board; and for other purposes.
The president has appointed on the part of the Senate as a Committee of Conference, Senators Dean of the 34th, Pope of the 7th and Preston of the 27th.
The following bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 437. By Messrs. Hubert, Turner and Broome of DeKalb:
A bill to be entitled an act to create a DeKalb county waterworks advisory board; to prescribe its powers and duties; and for other purposes.
The following Senate amendment was read:
Senator Dean of the 34th district moves to amend HB 437 as follows:
By striking therefrom section 7 and inserting in lieu thereof a new section 7 and to read as follows:
"Said advisory board is authorized to provide reasonable compensation to the members thereof and compensation for the chairman thereof, which sums shall be

MONDAY, MARCH 15, 1943

1239

additional to any salaries or fees to which the members or the chairman may now

receive and which shall be paid from the revenue of said wateworks system, such

compensation to be first approved by the grand jury of said county."

'

Messrs. Hubert, Broome and Turner of DeKalb moved that the House insist in its disagreement to the Senate amendment and that a Committee of Conference be appointed and the motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House, the following members of the House, to wit:

Messrs. Hubert of DeKalb, Broome of DeKalb and Turner of DeKalb.

Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

HR 160-642A. By Messrs. Durden of Dougherty and Key of Jasper:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia for ratification or rejection an amendment to Article 7 of the Constitution of Georgia, so as to provide that powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other costs and benefits under a teacher retirement system or systems; to repeal House Resolution No. 13-16B approved February 26, 1943; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Article 7 of the Constitution of Georgia be and the same is hereby amended by adding a new section thereto to be known as Section XVIII, to read as follows:
The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under acts of the General Assembly authorized hereunder.
Section 2. Be it further enacted that a resolution known as House Resolution No. 13-16B, approved February 26, 1943, for the submission to the qualified voters of the State of a proposed amendment to the Constitution of Georgia amending Article 7, paragraph 1, section I, to provide for payments of benefits and other cost under a teacher retirement system of Georgia is hereby repealed.
Section 3. That when this amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon their journals of each House, with the "yeas" and "nays" thereon, and shall be published in one or more

1240

JOURNAL OF THE HOUSE,

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 the proposed amendment to the Constitution shall hue written or printed on their ballots the words: "For ratification of amendment to Article 7 of the Constitution providing that the powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems", and all persons opposed to the ratification of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Article 7 of the Constitution providing that the powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities for the purpose of paying pensions and other benefits and costs under a teacher retire.ment system or systems".

And if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and returns thereof made to the Governor, then he shall declare said amendment adopted and make proclamations of the result by publication of the results of said election by one insertion in one of the daily papers of this State declaring the amendment ratified.

Section 4. That any and all provisions of law and parts of law in conflict herewith be and the same are hereby repealed.

1\Ir. Key of Jasper moved the previous question, the motion prevailed and the main question was ordered.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution being a constitutional amendment which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander Allison Alwood Baker Battles Barfield Bargeron Bennett Boone Bowen Boynton Branch

Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates

Chance Cheshire Clark Connell Cowart Crummey Culpepper Dallis Dalton Deal Dorsett Dorsey

Drake Dunn DuPree Durden Easler Edwards Elliott Ennis Etheridge Gardner Gaskins Gaston Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden Hardy Hart of Thomas Hartness Hatchett Hefner Herndon Hicks Hightower Hill of Clark: Hill of Troup Hogg Hooks Hubert Hurst Jennings of Sumter

MONDAY, MARCH 15, 1943

1241

Joiner

Porter

Johns

Powell

Johnson of Chattahoochee Price

Johnson of Pike

Pruitt

Jones

Ray

Kelly of Thomas

Reid

Kelly of Walker

Reynolds

Kendrick

Riley

Key

Roper

Knabb

Rossee

Littlejohn

Roughton

Livingston

Rountree

Looper

Russell

Malone

Salter

Mankin

Sharpe

Martin

Sheppard

Mason

Sills

Mavity

Smiley

Maund

Smith of Carroll

McCamy

Smith of Oglethorpe

McCracken

Smith of Washington

McEntire

Sparks

Mcintosh

Strickland

McNall

Sumner

Medders

Swint

Mills

Thigpen

Mims

Thomas

Mitchell

Thrash

Mixon

Thurmond

Moate

Turner

Moore of Baldwin

Warnock:

Nicholson of Oconee

Weaver

Nicholson of Richmond Welch

Norman

Wells of Ben Hill

Odom

Whipple

Ogburn

Wilbanks of Habersham

Overby

Williams of Coffee

Pannell

Williams of Gwinnett

Park

Williams of Harris

Parker

Willoughby

Peck

Wilson

Pettit

Woodruff

Phillips

Wright

Pirkle

Yawn

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JOURNAL OF THE HOUSE,

Those not voting were:

Adams Anderson Bates Bentley Copland Curry Daves Dukes Dyal Ferguson Fisher Fortson Foster

Fussell Hart of Quitman Heard Holley Horne Howard Jennings of Terrell Johnston Mabry Miller Minchew Moore of Taliaferro Oliver

Padgett Rees Riddlespurger Rowland Smith of Dougherty Smith of M uscogee Thompson Waller Wells of Telfair Wilbanks of Cherokee Mr. Speaker

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

On the adoption of the resolution, the ayes were 168, the nays 0.

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

Mr. Key of Jasper asked unanimous consent that HR 160-642A be transmitted immediately to the Senate, and the consent was granted.

HB 639. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the civil service act of the City of Atlanta so as to provide that any department head may file charges of misconduct or inefficiency; and for other purposes.

The following substitute was read and adopted:
By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend an act approved February 28, 1874, establishing a new charter for the City of Atlanta, and the several acts amendatory thereof, to repeal conflicting laws; and for other purposes.
BE IT ENACTED by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Charter of the City of Atlanta, created by Act approved February 28, 1874, and the several Acts amendatory thereof, be, and the same are, hereby amended as follows:
Section 1. That an Act approved March 20, 1939, (Acts 1939, pages 841, 855), as codified in the Code of the City of Atlanta of 1942 as Section 6-417 of said code, setting up a system of civil service, be and the same is amended by adding at the end of said Section 6-417 a new section to be known as Section 6-417-A, reading as follows:

MONDAY, MARCH 15, 1943

1243

"For the purpose of taking any disciplinary action, or of filing any charges against any person in the classified service, the designation: "Appointing Authority" shall be held to include any acting department head or other person designated by tht> proper authority to be in charge of any department in the absence, for any cause, of the regular appointing authority or departmest head."
Section 2. That the Mayor and General Council of the City of Atlanta shall
increase the pensions being paid to J. M. Dickerson and W. C. Lewis to the sum of
$64.00 per month each, from general funds received from taxation or otherwise, the same representing benefits due to them because of their years of service to the City, such pensions to cease at death. The increase herein provided shall become effective on the first day of the month following passage and approval of this Act.
Section 3. That Chapter 9 of the Code of the City of Atlanta of 1942 entitled "Police Department", is hereby amended by striking from Section 9-108, the language "provided however, that the chief inspector of weights and measures shall be classified as a member of the legally constituted police force and employed under civil service rules", and by adding to said chapter new and additional sections to be known as 9-116 and 9-117, which shall read as follows:
"9-116. Bureau of Weights and Measures. That a bureau within the Police Department to be known as the Bureau of Weights and Measures is hereby created, same to be subject to the authority of the General Council or in their discretion the Police Committee or other committee exercising powers now vested in the Police Committee and the Chief of Police as are other officers in said department. Said Bureau shall consist of a lieutenant of weights and measures who shall have had training in weights and measures work, and such other ~ployees as may be authorized, appointed and assigned thereto. Said lieutenanl of weights and measures shall be classified as a member of the legally constituted police force and employed under police civil service rules. He shall receive a salary <!qual to that paid police station or office lieutenants and shall have all of the rights, benefits and privileges of other lieutenants of the Police Department. The present Chief Inspector of Weights and Measures hereby becomes the lieutenant of weights and measures in good standing under police civil service laws and entitled to all of the benefits and privileges thereof."
"9-117. Powers of Bureau of Weights and Measures. The Bureau of Weights and Measures shall have the primary responsibility of enforcing the laws, ordinances, rules and regulations, both state and city, relative to weights and measures, and shall have general supervision of testing and inspecting all weights, measures, weighing and measuring devices in use, sold or hired, offered or exposed for sale or hire or award in the City of Atlanta; and the examining and re-weighing or re-measuring of commodities sold, offered for sale, or exposed for sale or in the process of delivery, including coal, coke and other commodities commonly sold in wagon or truck loads, to determine if the weight or measure is correct and if the merchandise is otherwise in accordance with the laws and ordinances applicable to the same. Provided however, that nothing in this Act shall prevent any officer of the Atlanta Police Depart-

1244

JOURNAL OF THE HOUSE,

ment from enforcing any and all laws and ordinances pertaining to weights and measures."
Section 4. That Chapter 6 of the Code of the City of Atlanta of 1942 entitled "Offices, Officers and Employees" be, and the same is hereby amended by striking Section 6-101 entitled "Quadrennial elections of Officers", and inserting in lieu thereof a new section to be known as Section 6-101 as follows:
"6-101. (78,470) Quadrennial elections of officers. The terms of the Mayor, Members of General Council, Members of Board of Education, the City Attorner and the two Recorders required by the provisions of said Act, as amended, to be elected by the people are hereby extended for a period of one year from the time their present terms expire. This shall apply to all incumbents, and in case of vacancies to their successors. The successors to said officers of the City required by said Act, as amended, to be elected by the people shall be elected for a term of four years by the qualified voters of the City at a general election held quadrennially on the first Wednesday in December preceding the expiration of their terms as herein extended. The next general election shall be held on the first Wednesday in December, 1945."
"The terms of all members of executive committees of all primary organizations of such city are hereby extended for a term of one year from the time their present term expires.
Section 5. That the office of Director of Relief is hereby abolished and all rights, powers and duties of the Director of Relief are hereby transferred to the General Manager of Parks. Section 6-226, Code of the City of Atlanta of 1942, is hereby repealed ,and Section 17-102 entitled "Park Committee made Charter Committee" is amended by adding thereto the following:
"The general Manager of Parks shall have full authority to perform all duties heretofore performed by the Director of Relief or by the City Warden, until and unless such duties shall by the Mayor and General Council, be delegate to some other city officer or officers".
Section 6. BE IT FURTHER ENACTED that Section 13-203 City Code of Atlanta of 1942, entitled "Control of Grady Hospital", (which is a codification of Section 2 of an Act approved March 24, 1939, contained in Acts of 1939 on pages 837 and 838) be, and is, hereby amended by striking the same and inserting in lieu thereof a new section, which shall read as follows:
"13-203. Control of Grady Hospital. The control of Grady Hospital and all units thereof shall be vested in a Board of Trustees, composed of eight (8) members, one of whom shall be the Mayor of the City of Atlanta, one the Chairman of the Committee on Hospitals and Charities, or such committee of Council that has jurisdiction over public hospitals, and the other five ( 5) members to be appointed by the Mayor from the general public, subject to the confirmation of General Council. The term of the five members appointed by the Mayor from the general public shall be for a period of four years, and such members shall be eligible for re-election. The

MONDAY, MARCH 15, 1943

1245

other member of said Board of Trustees shall be a citizen of Fulton County outside the corporate limits of the City of Atlanta who shall be appointed by the County Commissioners of Fulton County for a term of four (4) years and until a successor is appointed and qualified and who shall be eligible for re-election. The terms of the Mayor and Chairman of the Committee on Hospitals and Charities shall be co-extensive with their terms as Mayor and Chairman of said Committee respectively. Said Board of Trustees shall have the authority and power heretofore exercised by the Committee on Hospitals and Charities, and by the present Board of Trustees, existing under the ordinances of the City of Atlanta, together with any additional authority herein or which shall be granted by the Mayor and General Council. All vacancies shall be filled by the appointment of the Mayor, subject to confirmation of the General Council for the unexpired term, except, however, any vacancy created on said Board by the death, resignation, disqualification or removal of the member of the Board from Fulton County shall be filled by the County Commissioners of Fulton County. The Superintendent of Grady Hospital shall be Ex-Officio Secretary of said Board, and shall keep the minutes and record thereof. Said Board of Trustees shall hold at least one public meeting each month to which the public shall be invited. Any member of General Council shall be entitled and allowed to attend any meeting of the Board of Trustees of Grady Hospital, whether executive, private, public, or otherwise, and to examine any of the records of the Board of the Hospital at any time upon demand or request. Said Board of Trustees shall have authority to adopt rules and regulations as to the operation of the hospital, its personnel and its efficient operation not in conflict with the charter and ordinances of the City of Atlanta. Nothing in this Act shall be construed as affecting the terms of office of the present Board of Trustees of Grady Hospital, but their operation and control of Grady Hospital shall be under and by virtue of this amendment and they shall be considered as charter officers."
Section 7. That Section 7-111, Code of the City of Atlanta of 1942, entitled "Registration of voters; permanent system authorized", be and the same is hereby amended by striking said section and inserting in lieu thereof the following:
"7-111. Registration of voters; permanent system authorized. Registration lists for all elections in said city shall be obtained as follows: The proper city authorities shall, at least ninety days prior to each election, obtain from the Tax Collector of each county in which said city lies in whole or in part, and shall pay said Tax Collector the expense of preparing and certifying said list, which said list shall contain the names of all the then qualified voters of said county who also reside in said city. In the event of disagreement as to the cost incurred by such Tax Collector in preparing and certifying such list, the amount of such costs shall be determined as follows: The Mayor and said Tax Collector shall each name an arbitrator, these arbitrators shall elect a third, and the amount fixed by majority vote of said three arbitrators shall be promptly paid by such city. The Mayor and General Council shall provide by appropriate ordinances for the purging of the lists so obtained for death, removal from the city, or other legal cause."
Section 8. That Chapter 9, Code of the City of Atlanta of 1942, is hereby

1246

JOURNAL OF THE HOUSE,

amended by adding after Section 9-102 (which is entitled "Police Force, Election, Term of Service, Discharge") the following additional sections, to wit:
"9-102 (a). Chief of Police. The Chief of Police shall be the chief executive officer of the Department of Police, shall have full power and authority over the management and conduct thereof, and shall be charged with full and complete responsibility for its successful and efficient operation. He shall faithfully execute all laws of the State of Georgia and ordinances of the City of Atlanta. He shall have power and authority to give such orders to the officers and members of the Department of Police as he may deem proper; and it shall be their duty to render to him and his orders implicit obedience."
"9-102 (b). Vacancy in office of Chief of Police. Whenever there shall be a vacancy in the office of the Chief of Police, such vacancy shall be filled by election by the Mayor and General Council, such election to be conducted as are other elections by the Mayor and General Council and under the same rules."
"9-102 (c). The Chief of Police shall have the exclusive power, and it shall be his duty to assign all officers and employees of the Police Department to their respective duties and to make such changes from time to time as he may deem proper and to the best interest of the Police Department of the City. The power herein conferred shall include the power to assign such members of the Police Department, in such numbers as he may choose, to the various and sundry activities of the Department, such as traffic duty, plain clothes duty, detective bureau, the various watches and the various territories where such members of the Police Department shall work."
"9-102 (d). The Chief of Police shall be subject to removal, suspension, or demotion by the Mayor and General Council after trial in the manner prescribed by the other provisions of this Charter. Any decision of the Mayor and General Council suspending, demoting or discharging such Chief shall be subject to review by the Superior Court of Fulton County on a writ of certiorari."
Section 9. That Chapter 4 of the Code of the City of Atlanta of 1942 be amended by adding to Section 4-101 entitled "Election and Term of Mayor; vacancies, "the following, to wit:
"In the event of a vacancy in the office of Mayor, within twelve months of the expiration of the term, caused by death, removal or other cause, the Mayor Pro-tem shall serve as Mayor until the expiration of such term and until his successor is elected and qualified."
Section 10. That Section 6-403 Code of the City of Atlanta of 1942, entitled "Appointment, Removal, Compensation and Duties of Personnel Director" is amended by striking sub-section (4), which reads as follows:
"The Director shall be paid a salary of $3600.00 per annum. and reciting in lieu thereof the following:
"(4). The Director shall be paid a salary of $4500.00 per annum."

MONDAY, MARCH 15, 1943

1247

Section 11. That Section 6-408 of the Code of the City of Atlanta of 1942 entitled "Temporary and Provisional Employment" is hereby amended by adding thereto the following:

"Temporary appointments may be made by the appointing authorities with the approval of the Director, during the present national emergency, to fill positions under civil service for which qualified applicants cannot be obtained, such appointments to extend not longer than six months after the expiration of such emergency. All such persons so appointed shall not be entitled to any civil service or tenure of office rights provided by said Act, as amended, but shall be subject to removal upon the recommendation of the appointing authority, concurred in by the Director."

Section 13. That all laws or parts of laws in conflict herewith are expressly 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 105, the nays 0.

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

HB 158. By Messrs. Riddlespurger of Colquitt:

A bill to be entitled an Act to require the preparation and publication of the receipt and disbursement of public funds by fiscal authorities of counties and municipalities; and for other purposes.

Mr. Hagan of Screven moved that HB 158 be tabled and the motion prevailed.

SR 63.

By Senators Gross of the 31st, Atkinson of the lst, Terrell of the 19th, Harrison of the 17th, Bloodworth of the 22nd, Ennis of the 20th, Millican of the 52nd, Ansley of the lOth, Williams of the 5th, and Simmons of the 8th districts:

A resolution to provide for a new constitution to be submitted to the next General Assembly; 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 118 the nays 4.

The resolution having received the requisite constitutional majority was adopted.

Mr. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.

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JOURNAL OF THE HOUSE,

2:00 P. M.
The speaker pro tern called the House to order.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 239. By Messrs. Key of Jasper, Hatchett and Thompson of Meriwether, Thigpen of Glascock, Kelly of Thomas, Hubert of DeKalb, Maund of Talbot, and Smiley of Liberty:
A bill to be entitled an act to amend the intangibles classification tax act so as to reduce the tax levied on all notes or other obligations secured by real estate; and for other purposes.
Mr. Culpepper of Fayette moved that HB 239 be tabled and the motion prevailed.
HB 410. By Messrs. Swint and Hightower of Spalding, Strickland of Haralson, Dunn of Lamar, and Hicks of Floyd:
A bill to be entitled an act to amend the act of February 25, 1935 (Ga. laws 1935, pp. 1369-372) to eliminate the limitation of the number of dealers in farmers' markets; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, the nays 0.
The bill having received the requisite constitutional majority was passed.
HB 208. By Messrs. Connell of Lowndes, Smith of Carroll, and Fortson of Wilkes:
A bill to be entitled an act to provide for the equal payment of taxes on all kinds of property; and for other purposes.
The following substitute was read and adopted:
Substitute to HB 208:
By Mr. Harris of Richmond, Connell of Lowndes:
A BILL
To be entitled an Act to provide that property owned by the Federal Government, any agency, authority or corporation created by the Federal Government, the State of Georgia, any political sub-division of the State, any corporation, authority or agency created by or under the laws of the State of Georgia, or under the laws of any other State, any authority, corporation or agency created by any political sub-division of the State of Georgia, or any other State, where such property is used for conducting any business

MONDAY, MARCH 15, 1943

1249

or enterprise, or may hereafter be used for conducting any business or enterprise, in competition with property privately owned and taxed, or where used within the usual channels of commerce, and from which there is derived revenue and profits, shall be assessed for taxation, and shall pay the same taxes now, or hereafter assessed and levied against like property privately owned. Provided, however, the provisions of this Act shall not be extended to levy any tax upon State, County or Municipal owned Hospitals and other eleemosynary institutions, institutions of purely public charity, buildings erected and used as a college, incorporated academy or other seminary of learning, and funds or property held or used as endowment by such colleges, incorporated academies, or other seminaries of learning provided the same is not invested in real estate and are open to the general public, public library and that of other literary associations used by or in connection with such library, and property used for religious worship; to exempt from the operation of this Act electric energy generating plants and distribution systems now in operation and housing authorities created under authority of the law of Georgia; and for other purposes.
Section l. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act all property owned by the Federal Government, any agency, authority or corporation created by the Federal Government; the State of Georgia, any political sub-division of the State of Georgia, any corporation, authority or agency created by or under the laws of the State of Georgia, or under the laws of any other State, any authority, corporation, or agency created by any political sub-division of the State of Geprgia, or any other State, where such property is used for conducting any business or enterprise, or may hereafter be used for conducting any business or enterprise, in competition with property privately owned and taxed, or where used within the usual channels of commerce, and from which there is derived revenue and profits, shall be assessed for taxation and shall pay the same taxes now, or hereafter assessed and levied against like property privately owned. Provided, however, the provisions of this Act shall not be extended to levy a tax upon State, County or Municipal owned waterworks, electric energy generating plants and distribution systems now in operation, hospitals or other eleemosynary institutions, institutions of purely public charity, buildings erected and used as a college, incorporated academy or other seminary of learning, and funds or property held or used as endowment by such colleges, incorporated academies, or seminaries of learning provided the same is not invested in real estate and are open to the general public, public libraries and that of other literary associations used by or in connection with such libraries, and property used for religious worship, and housing authorities created under authority of the law of Georgia.
Section 2. 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 n:pealcu.
The following amendment to the substitute for HB 208 was read and adopted:
Mr. Durden of Dougherty moves to amend the substitute to HB 208 by adding

1250

JOURNAL OF THE HOUSE,

to Section 1, immediately after the words "electric energy" the words "or gas" and to amend the caption accordingly.

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 115, the nays 0.

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

HB 425. By Mr. Woodruff of Barrow:

A bill to be entitled an act to regulate the labeling and sale of agricultural seed; and for other purposes.

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

Mr. Bentley of Upson moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Alexander Allison Baker Battles Barfield Bargeron Bentley Boone Boynton Broome Brunson Bynum Caldwell Campbell of Newton Campbell of Polk Cates Chance Clark Dalton Deal Uorsett Etheridge Ferguson Gaskins

Gilbert

Mason

Gillis

McEntire

Gowen

Minchew

Graham

Moate

Greene of Jones

Moore of Baldwin

Greene of Schley

Odom

Guyton

Parker

Hagan

Pettit

Hart of Thomas

Pirkle

Hatchett

Porter

Heard

Ray

Hefner

Reid

Hicks

Rossee

Hightower

Roughton

Hill of Troup

Russell

Hogg

Salter

Jennings of Sumter

Sharpe

Johnson of Chattahoochee Sills

Key

Smith of Carroll

Littlejohn

Smith of Washington

Livingston

Sparks

Mabry

Strickland

Mankin

Sumner

Martin

Thigpen

MONDAY, MARCH 15, 1943

1251

Thomas Thrash Thurmond Waller

Weaver Welsch Whipple Williams of Coffee

Those voting in the negative were:

Adams Bowen Branch Bridges Cannon Connell Cowart Culpepper DuPree Durden Dyal Easler Ennis Fussell Gaston Gavin

Gholston Giddens Gray Hardy Hartness Herndon Hill of Clarke Hurst Johns Johnson of Pike Kendrick Knabb Malone McCamy McCracken Medders

Those not voting were :

Alwood Anderson Bates Bennett Brewton Burnside Burton Cannon Cheshire Copland Crummey Curry Dallis Daves Dorsey Drake Dukes Dunn Edwards Elliott Fisher Fortson

Foster Gardner Goldberg Grayson Guerry Hand Harden Hart of Quitman Holley Hooks Horne Howard Hubert Jennings of Terrell Joiner Johnston Jones Kelly of Thomas Kelly of Walker Looper Mavity Maund

Williams ot Harris Wilson Woodruff Yawn
Mills Mims Nicholson of Oconee Norman Park Peck Phillips Price Pruitt Reynolds Rountree Sheppard Smiley Smith of Oglethorpe Warnock Wilbanks of Habersham
Mcintosh McNall Miller Mitchell Mixon Moore of Taliaferro Nicholson of Richmond Ogburn Oliver Overby Padgett Pannell Powell Rees Riddlespurger Riley Roper Rowland Smith of Dougherty Smith of Muscogee Swint Thompson

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JOURNAL OF THE HOUSE,

Turner Wells of Ben Hill Wells of Telfair

Wilbanks of Cherokee Williams of Gwinnett Willoughby

Wright Mr. Speaker

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

On the passage of the bill, the ayes were 84, the nays 48.
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:
HB 333. By Messrs. Dyal of Appling, Adams of Wheeler, Fisher of Jeff Davis, Willoughby of Clinch, Drake of Seminole, Mills of Decatur and Bates of Ware:
A bill to be entitled an act to amend the 1933 code with reference to the non-profit cooperative associations so as to permit the granting of charters for fifty years; and for other purposes.
The following Senate amendment was read:
That the said bill be amended by striking therefrom Section 2 of the bill as drawn and substituting in lieu thereof the following:
Section 2. That Section 65-206 of the Code of Georgia of 1933 be amended by striking therefrom the seventh sentence of said Section reading, "No member or stockholder shall be entitled more than one vote", and by substituting in lieu thereof the following: "No member or stockholder shall be entitled to more than one vote; Provided, however, this prohibition shall not apply to associations composed of producers of any forestry product or products."
That the title of the said bill be amended by striking therefrom all of the language following the first semi-colon and substit~ting in lieu thereof the following: "to provide that the prohibition in such Section contained providing that no member or stockholder shall have more than one vote shall not apply to associations composed of producers of any forestry product or products; and for other purposes."
Mr. Dyal of Appling moved that the House agree to the Senate amendment to HB 333.
On the motion to agree to the Senate amendment to HB 333, the ayes were 106, the nays 0.
The motion prevailed and the Senate amendment to H B 333 was agreed to.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:

MONDAY, MARCH 15, 1943

1253

Mr. Speaker:
The Senate has passed by the reqmstte constitutional majority the following bills arid resolutions of the Senate and House to wit:
SB 227. By Senator Forester of the 44th:
A bill to authorize and direct the authority having control of the expenditures of county funds in all counties in the State of Georgia having a population of not more than 12,210 nor less than 12,190; and for other purposes.
SB 236. By Senator Harrison of the 17th:
A bill to abolish the office of tax receiver and tax collector for the County of Jenkins and to create the office of tax commissioner of Jenkins county; and for other purposes.
SR 69. By Senator Millican of the 52nd:
A resolution that the rules of the Senate and House be edited, revised and re-indexed; and for other purposes.
HB 240. By Messrs. Hicks and Littlejohn of Floyd:
A bill to amend Section 24-2728 of the code of 1933 relating to fees for clerks in counties having less than 50,000 population by changing this number to 65,000.
HB 468. By Mr. Wells of Ben Hill:
A bill to regulate the operation of dance halls, road houses, tourist homes; and for other purposes.
HB 609. By Messrs. Etheridge and Kendrick, and Mrs. Mankin of Fulton:
A bill to amend an act entitled "An act to create a new charter for the City of East Point" approved Aug., 1912; and for other purposes.
HB 617. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to provide for the appointment of an assistant solicitor of the city court of all counties of this state having a population of not less than 81,800 and not more than 83,000; and for other purposes.
SB 225. By Senator Millican of the 52nd:
A bill to amend of 1939 as amended by act of 1941 covering pensions to employees of Fulton county; and for other purposes.
SB 226. By Senator Millican of the 52nd:
A bill to amend an act to provide that cities having a population of 150,000 or more according to census of 1920 or any future census shall furnish pensions to officers and employees; and for other purposes.

1254

JOURNAL OF THE HOUSE,

SB 231. By Senator Millican of the 52nd:
A bill to be entitled an act to provide for extension of term of executive meeting of party organizations in municipalities having a population of 200,000 or more; and for other purposes.
SB 238. By Senator Newton of the 47th:
A bill to amend an act of 1943, creating and establishing a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
SB 242. By Senator Forester of the 44th:
A bill to authorize and direct the ordinaries and county treasurers and/or other proper officials of all counties having a population of 13,010 to pay the sheriffs the sum of $75.00 per month; and for other purposes.
SR 73. By Senator Atkinson of the 1st:
A resolution that the General Assembly adjourn sme die at 6 p. m. on Thursday, March 18, 1943.
HB 624. By Mr. Hagan of Screven:
A bill to abolish the county treasurer for the County of Screven; to provide for the creation of a depository for said county; and for other purposes.
HB 625. By Mr. Hagan of Screven:
A bill to correct an injustice to the county treasurer of Screven county; and for other purposes.
HB 628. By Mr. Connell of Lowndes:
A bill to amend the charter of the City of Valdosta so as to extend the corporate limits of said city; and for other purposes.
HB 629. By Mr. Yawn of Dodge:
A bill to amend an act entitled, "an act to create the office of commissioner of roads and revenues in and for Dodge county; and for other purposes," by prescribing other and additional duties of said officer; and for other purposes.
HB 635. By Messrs. Thurmond and Roper of Hall:
A bill to amend an act entitled "Gainesville retirement fund" approved February 24, 1941; and for other purposes.
SB 224. By Senator Millican of the 52nd:
A bill to amend an act approved August 20, 1927, entitled "an act to provide that cities having a population of more than 150,000 by the United

MONDAY, MARCH 15, 1943

1255

States census of 1920 or subsequent census, shall furnish pensions to all officers and employees"; and for other purposes.
SB 71. By Senators Lovett of the 16th and Shannon of the 21st:
A resolution resolving that there is now pending in the National Congress a bill designated as Farm Labor Appropriation Bill HJR-96, which transfers handling of farm labor from FSA to Extension Service in each state and forbids use of funds appropriated to impose minimum wages, collective bargaining, or union membership on agricultural labor.
The Senate insists on its amendments to the following bill of the House, and respectively asks that a Committee of Conference be appointed:
HB 16 By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall and others:
A bill to create and establish a board to be known as agricultural and industrial board of Georgia; and for other purposes.
The President has appointed as a Committee of Conference on the par~- of the Senate Senators Lester of the 18th, Pittman of the 42nd and Arnold of the 26th.
The Senate has concurred in the House substitute to the following bill of the Senate, to wit:
SB 90. By Senators Stark of the 33rd, Lester of the 18th and others:
A bill to create the positions of judge emeritus, to provide for the eligibility of persons for appointment to such position ; and for other purposes:
The Senate concurs in the House amendment to the following bill of the Senate, to wit:
SB 117. By Senators Gross of the 31st, Atkinson of the 1st and others: A bill to abolish the present state board of public welfare; to repeal section 3 of the act of the General Assembly approved February 26, 1937 (Ga. Laws 1937, pp. 33 Set seq) relating thereto; and for other purposes.
The Senate has receded from its amendment to the following bill of the House, to wit:
HB 136. By Mr. Looper of Dawson:
A bill to prevent syphilis in the unborn child ; to require every physician attending or every other person permitted by law to attend pregnant women to take or cause to be taken a specimen of blood of such pregnant women for test for syphilis; and for other purposes.
The following message was received from His Excellency the Governor, through the Honorable M. E. Thompson, Executive Secretary:

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JOURNAL OF THE HOUSE,

Ellis Arnall Governor

EXECUTIVE DEPARTMENT Atlanta

M. E. Thompson Executive Secretary

March 15, 1943.
TO THE GENERAL ASSEMBLY OF GEORGIA:
Senate Bill No. 197 was transmitted to the Executive Department on the 11th day of March, 1943, after duly passing the Senate and House.
The Bill provides for the repeal of an act approved November 24, 1893, entitled "an Act to organize a County Court for the County of Quitman", and to establish in lieu thereof a County Court of Quitman; and for other purposes.
On March 15, 1943, I received the following communication from Honorable G. 0. Kaigler, author of said bill:
"Dear Governor Arnall: :
As author of Senate Bill No. 197, I am asking that you veto same.
G. 0. Kaigler, Senator, 12th District."
In compliance with the above request of the author of said Bill and in a spirit of co-operation with the members of the General Assembly, I. am returning herewith Senate Bill No. 197 which I have vetoed this 15th day of March, 1943.
Respectfully submitted, Ellis Arnall, Governor.
The following Senate resolution was read and adopted:
SR 73. By Senator Atkinson of 1st district:
A resolution that the General Assembly adjourn sine die Thursday, March 18th, 1943, at 6:00 p. m.
Under the order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
HB 632. By Messrs. Campbell of Newton, Durden of Dougherty, McCracken of Jefferson, Miller of Lanier, and Hand of Mitchell:
A bill to be entitled an act to amend section 77-207 of the code by providing that it shall be lawful for the prison commission, or other agency

. MONDAY, MARCH 15, 1943

1257

having charge of convicts to hire such convicts to farmers during the present war emergency; and for other purposes.
The following substitute was read and adopted:
By Mr. Campbell of Newton:
A BILL
To be entitled an act to authorize the counties of the state, the State Board of Prisons and the State Highway Department to allow the convicts of this state to be used in helping the farmers of Georgia for and during the present emergency to plant, tend, and harvest the various crops grown in Georgia, under such reasonable rules and regulations as may be prescribed by the State Board of Prisons of Georgia; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. From and after the passage of this act it shall be lawful for the county authorities of this state, in case of county convicts and the State Board of Prisons in the case of state convicts, to hire such convicts to the farmers of this state for the purpose of planting, tending, and harvesting agricultural crops necessary to the war effort.
Section 2. The State Board of Prisons of the State of Georgia is hereby authorized and directed to make such reasonable rules and regulations as it deems necessary for the purpose of carrying out the provisions of this act, and such rules and regulations shall prescribe that convicts so used in aiding the war effort shall be used only in groups and under the supervision of the warden and guards. Also that said convicts shall be returned each night to the camp where they are regularly imprisoned and the county authorities or the state shall be reimbursed for the use of said convicts at the prevailing rate of pay for such work in the community where they are used.
Section 3. This act shall be in force and effect only during the present emergency and shall expire when the United States Government is no longer at war.
Section 4. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.
Mr. Hicks of Floyd moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, Mr. Campbell of Newton moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE,

Those voting in the affirmative were:

Adams Alexander Allison Baker Battles Barfield Bentley Boone Boynton Branch Broome Brunson Burnside Bynum Caldwell Campbell of Newton Cannon Chance Connell Cowart Crummey Dallis Dalton Deal Dorsett Dorsey Dunn DuPree Durden Easler Edwards Ennis Etheridge Ferguson Fisher

Gardner Gaston Gholston Gillis Graham Gray Greene of Jones Guerry Guyton Hagan Harden Hardy Hartness Hatchett Heard Herndon Hicks Hill of Clarke Hill of Troup Hooks Hubert Johnson of Pike Knabb Littlejohn Malone Martin Mason McCamy McCracken McEntire Mcintosh Mills Minchew Mitchcell Mixon

Moate Moore of Baldwin Nicholson of Oconee Nicholson of Richmond Norman Odom Pannell Park Peck Pettit Phillips Pirkle Pruitt Ray Riley Rossee Roughton Rountree Russell Salter Sheppard Sills Smith of Oglethorpe Smith of Washington Sumner Swint Thomas Thrash Thurmond Turner Waller Warnock Weaver Williams of Harris Yawn

Those voting in the negative were:

Bowen Campbell of Polk Elliott Fussell Giddens Gowen Grayson

Greene of Schley

Mankin

Hart of Thomas

Mims

Hightower

Parker

Johns

Price

Johnson of Chattahoochee Reynolds

Kelly of Thomas

Sharpe

Livingston

Smith of Carroll

MONDAY, MARCH 15, 1943

1259

Sparks Strickland

Whipple Williams of Coffee

Those not votin~ were:

Wilson

Alwood Bates Bargeron Bennett Brewton Bridges Burton Cates Cheshire Clark Copland Culpepper Curry Daves Drake Dukes Dyal Fortson Foster Gaskins Gavin Gilbert Goldberg Hand Hart of Quitman

Hefner Hogg Holley Horne Howard Hurst Jennings of Sumter Jennings of Terrell Joiner Johnston Jones Kelly of Walker Kendrick Key Looper Mabry Mavity Maund McNall :\1edders Miller Moore of Taliaferro Ogburn Oliver Overby

Padgett Porter Powell Rees Reid Riddlespurger Roper Rowland Smiley Smith of Dougherty Smith of Muscogee Thigpen Thompson Welch Wells of Ben Hill Wells of Telfair Wilbanks of Che~okee Wilbanks of Habersham Williams of Gwinnett Willoughby Woodruff Wright Mr. Speaker

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

On the passage of the bill, by substitute, the ayes were 105, the nays 26.

The bill having received the requisite constitutional majority was passed, by substitute.
Mr. Campbell of Newton asked unanimous consent that HB 632 be immediately transmitted to the Senate and the consent was granted.

The following resolution of the House was read and adopted:

HR 166. By Mr. Culpepper of Fayette:

Whereas, there is now pending in the National Congress a bill designated as Farm Labor Appropriation Bill HJR-96, which transfers handling of farm labor from FSA to Extension Service in each state and forbids use of funds appropriated to impose minimum wages, collective bargaining, or union membership on agricultural labor, and

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JOURNAL OF THE HOUSE,

Whereas, it is of great importance to not only agricultural Georgia, but to the entire agricultural southland, and

Whereas, the National House votes on said measure Tuesday; therefore, be it resolved and it is hereby resolved by the House of Representatives of the State of Georgia that we urge the entire Georgia delegation to support the said measure without amendment.

Under the established order of business, the following resolution of the House was taken up for consideration, read the third time and placed upon its passage:

HR l53-615A. By Messrs. Ennis and Moore of Baldwin:

A resolution to appropriate $12,930.00 to pay the City of :VIilledgeville for paving around Old Capitol Square and the State Jarrett Spring Foundation ; and for other purposes.

The House was resolved into the Committee of the Whole House for the consideration of HR 153-615A, and the Speaker designated Mr. Hagan of Screven as chairman thereof.

The Committee of the Whole House arose and through its chairman, reported HR 153-615A back to the House with the recommendations that the same do pass.

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:

Adams Alexander Allison Battles Barfield Bentley Boone Branch Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Chance Connell Crummey

Culpepper Dallis Dalton Deal Dorsett Dorsey Drake Dunn DuPree Durden Dyal Easler Elliott Ennis
Etheri~ge
Ferguson Gardner Gaston Gholston

Giddens Gillis Gowen Gray Grayson Greene of Jones Greene of Schley Guerry Guyton Hagan Harden Hardy Hatchett Heard Herndon Hill of Troup Hooks Hubert Johnson of Chattahoochee

MONDAY, MARCH 15, 1943

1261

Johnson of Pike Kelly of Thomas Kendrick Key Knabb Livingston Mankin Mason McCamy McCracken McEntire Mcintosh Mills Mitchell Mixon Moore of Baldwin Nicholson of Oconee

Nicholson of Richmond Odom Ogburn Park Parker Peck Pirkle Price Pruitt Ray Reid Reynolds Rossee Roughton Russell Salter

Those not voting were:

Alwood Anderson Baker Bates Bargeron Bennett Bowen Boynton Brewton Bridges Burton Cates Cheshire Clark Copland Cowart Curry Daves Dukes Edwards Fisher Fortson Foster Fussell Gaskins Gavin Gilbert

Goldberg Graham Greene of Schley Hand Hart of Quitman Hart of Thomas Hartness Hefner Hicks Hightower Hill of Clarke Hogg Holley Horne Howard Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnston Jones Kelly of Walker Littlejohn Looper Mabry Malone

Smith of Carroll Smith of Oglethorpe Smith of W asihngton Sumner Swint Thomas Thrash Thurmond Turner Warnock Weaver Whipple Williams of Coffee Williams of Harris Wilson Yawn
Martin Mavity Maund McNall Medders Miller Mims Minchew Moate Moore of Taliaferro Norman Oliver Overby Padgett Pannell Pettit Phillips Porter Powell Rees Riddlespu rger Riley Roper Rountree Rowland Sharpe Sheppard

1262

JOURNAL OF THE HOUSE,

Sills Smiley Smith of Dougherty Smith of Muscogee Sparks Strickland Thigpen

Thompson Waller Welch Wells of Ben Hill Wells of Telfair Wilbanks of Cherokee

Wilbanks of Habersham Williams of Gwinnett Willoughby Woodruff Wright Mr. Speaker

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

On the adoption of the resolution, the ayes were 105, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

Mr. Culpepper of Fayette moved that the House do now adjourn until tomorrow morning.

Mr. Harris of Richmond asked unanimous consent that the motion of Mr. Culpepper of Fayette he amended so as to provide that the House adjourn until tomorrow morning at 9 :00 o'clock and the consent was granted.

The motion of Mr. Culpepper of Fayette prevailed.

Leave of absence was granted Mr. Fortson of Wilkes.

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

TUESDAY, MARCH 16, 1943

1263

Representative Hall, Atlanta, Georgia,
Tuesday, March 16, 1943.
The House met pursuant to adjournment this day at 10:00 o'clock a. m., was called to order by the Speaker Pro Tern. and opened with a prayer by the chaplain.
Mr. Culpepper of Fayette asked unanimous consent that the call of the roll be dispensed with.
The consent was granted and 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 consent was granted and the call of the roll was dispensed with.
The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Reports of standing committees. 2. Second reading of bills and resolutions favorably reported. 3. First reading and reference of Senate bills. 4. Third reading and passage of uncontested local bills.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed by substitute by the requisite constitutional majority the
following bill of the House, to wit:
HB 552. By Messrs. McCracken of Jefferson, Durden of Dougherty, and others:
A bill to abolish the state examining board included in title 84 of the Georgia Code; and for other purposes.
The following message was received from the Senate through Mr. Nevin, 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: SB 113. By Senator Shannon of the 21st:
A bill to amend an act entitled "Highway Mileage"; and for other purposes.

1264

JOURNAL OF THE HOUSE,

SB 114. By Senator Shannon of the 21st:

A bill to amend an act entitled "Highway Mileage"; and for other purposes.

SB 186. By Senators Lester of the 18th, and others:

A bill to provide for the wartime mobilization of paid, volunteer and auxiliary firemen; and for other purposes.

SB 223. By Senator Millican of the 52nd:

A bill to authorize and empower judges of the superior courts to continue grand juries in session beyond the term of court; and for other purposes.

SB 241. By Senator Bloodworth of the 52nd:

A bill to increase the salary of the director of the veterans' service office; and for other purposes.

SR 66. By Senator Gross of the 31st:

A resolution confirming the actions of Governor Talmadge in exempting

state tax on aviation gasoline used in planes owned by the United States

Government; and for other purposes.

.

HB 140. By Messrs. Davis of Dooly, Allison of Gwinnett, and others:

A bill to authorize the destruction of records of the various departments of state; and for other purposes.

HR 163. By Messrs, Burton of Lee, Dunn of Lamar and Welsch of Cobb:
A resolution expressing appreciation to Hon. Wiley Moore, Messrs. Bill Arrington, R. W. Smith and AI Belle Isle.

HR 164. By Mr. Hagan of Screven:
A res9lution that all citizens of this state cooperate with law enforcement to reduce the spread of venereal diseases.
SB 237. By Senator Fowler of the 39th:
A bill to amend the income tax act relative to credits allowed on account of bad debts; and. for other purposes.

Mr. Riley of Peach County, Chairman of the Committee on Corporations, submitted the following report:
Mr. Speaker:
Your Committee on Corporations have had under consideration the following

TUESDAY, MARCH 16, 1943

1265

bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 135. Do Pass.
Respectfully submitted,
Riley of Peach, Chairman.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:

Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following bills and resolutions of the House, to wit:

HB 204.

HB 456.

HB 479.

HB 509.

HB 639.

HR 73.

HR 103.

HR 153.

HR 168.

Resvectfullv submitted.

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report:

Mr. Speaker:

Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following resolution of the House, to wit:

HR 164.

Respectfully submitted,
Johnson of Chattahoochee, Chairman.

1266

JOURNAL OF THE HOUSE,

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 229. Do Pass.
Respectfully submitted, Allison of Gwinnett, Chairman.

Mr. Mixon of Irwin County, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary No. 1 have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 23. Do Pass.

SB 165. Do Pass.

SB 222. Do Pass as Amended. Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Mavity of Walker County, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. Speaker:
Your Committee on Penitentiary have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 199. Do Pass.
Respectfully submitted,
Mavity of Walker, . Chairman.

TUESDAY, MARCH 16, 1943

1267

Mr. Bates of Ware County, Vice-Chairman of the Committee on University of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University of Georgia 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:
SB 211. Do Pass.
SB 173. Do Pass.
Respectfully submitted,
Bates of Ware, Vice-Chairman.

By unanimous consent, the following bills of the Senate favorably reported, were read the second time:
SB 23. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to declare leases of real estate for term nine hundred and ninety-nine years or longer to be grants in perpetuity; and for other purposes.
SB 135. By Senator Millican of the 52nd district:
A bill to be entitled an act authorizing the chartering and empowering of corporations known as the corporation act; and for other purposes.
SB 165. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend section 66-102 and 66-9901 of the Code of Georgia of 1933 relating to payment of wages; and for other purposes.
SB 173. By Senator Brock of the 37th district:
A bill to be entitled an act to authorize the Board of Regents of the University System of Georgia to provide by annuity or otherwise for the retirement of employees of the University of Georgia; and for other purposes.
SB 199. By Senators Atkinson of the lst, Terrell of the 19th and Newton of the 47th districts: A bill to be entitled an act to give the state board of prisons the authority and right to set up, establish and maintain central points or stations for receiving all prisoners who have been convicted of crime in the courts of the state; and for other purposes.
SB 211. By Senator Millican of the 52nd district: A bill to be entitled an act to regulate the sale of admission tickets to

1268

JOURNAL OF THE HOUSE,

athletic contests of the colleges in the University System of Georgia; to provide that no ticket shall be sold for more than the amount printed on the face of the ticket; to provide that said tickets may be sold only at the places and in the manner designated by the proper athletic authorities of the college issuing said ticket; and for other purposes.
SB 222. By Senator Millican of the 52nd district:
A bill to be entitled an act to regulate the sale of second-hand watches; to require that all second-hand watches displayed for sale shall be displayed as second-hand watches; and for other purposes.
SB 229. By Senator Whitworth of the 30th district:
A bill to be entitled an act to amend acts approved August 24, 1905, and August 9, 1906, and the amending act approved August 23, 1907, Ga. Laws entitled an act to incorporate the Town of Hull in Madison County; 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:
SB 113. By Senator Shannon of the 21st district:
A bill to be entitled an act to amend an act entitled "Highway Mileage" as same appears in Acts of Georgia Legislature of 1929, pages 260 and 268. Said act hereby amended being known as the Traylor-Neill act; and for other purposes.
Referred to Committee on Public Highways No. 2.
SB 114. By Senator Shannon of the 21st district:
A bill to be entitled an act to amend an act entitled "Highway Mileage" as same appears in Acts of Georgia Legislature of 1929, pages 260 and 268. Said act hereby amended being known as the Traylor-Neill act; and for other purposes.
Referred to Committee on Public Highways No. 2.
SB 186. By Senators Lester of the 18th, Pope of the 7th, Bloodworth of the 23rd and Forester of the 44th districts:
A bill to be entitled an act to provide for the wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties, and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.
Referred to Committee on State of Republic.
SB 223. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize and empower judges of superior

TUESDAY, MARCH 16, 1943

1269

courts to continue grand juries in session beyond the term of court for which they were originally impanelled; and for other purposes.
Referred to Committee on State of Republic.
SB 224. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act approved August 20, 1927, appearing in the published acts of 1927 on pages 265 to 268 inclusive, and being entitled "an act to provide that cities having a population of more than 150,000 by the United States census of 1920 or subsequent census, shall furnish pensions to all officers and employees"; and for other purposes.
Referred to Committee on Municipal Government.
SB 225. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend act of 1941 covering pensions to employees of Fulton County;- and for other purposes.
Referred to Committee on Counties and County Matters.
SB 226. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act to provide that cities having a population of 150,000 or more according to census of 1920 or any future census shall furnish pensions to officers and employees; and for other purposes.
Referred to Committee on Municipal Government.
SB 227. By Senator Forester of the 44th district:
A bill to authorize the sheriff of Dade county to draw a salary of $75.00 per month from the county in addition to the fees now paid the sheriff; and for other purposes.
Referred to Committee on Counties and County Matters.
SB 231. By Senator Millican of the 52nd district:
A bill to be entitled an act to provide for extension of term of executive meeting of party organizations in municipalities having a population of 200,000 or more ; and for other purposes.
Referred to Committee on Municipal Government.
SB 236. By Senator Harrison of the 17th district:
A bill to be entitled an act to abolish the offices of tax collector and tax receiver of Jenkins county and to create the office of tax commissioner; and for other purposes.
Referred to Committee on Counties and County Matters.

1270

JOURNAL OF THE HOUSE,

SB 237. By Senator Fowler of the 39th district:
A bill to be entitled an act to amend the income tax act relative to credits allowed on account of bad debts; and for other purposes.
Referred to Committee on Ways and Means.
SB 238. By Senator Newton of the 47th district:
A bill to be entitled an act to amend an act of 1943, creating and establishing a new charter for the City of Mouitrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
Referred to Committee on Municipal Government.
SB 241. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to increase the salary of the director of the veterans' service office by amending section 78-102, so that the salary of the director shall be $4,800 instead of $4,000; and for other purposes.
Referred to Committee on State of Republic.
SB 242. By Senator Forester of the 44th district:
A bill to be entitled an act to authorize and direct the ordinaries and county treasurers and/or other proper officials of all counties having a population of 13,010 to pay the sheriffs the sum of $75.00 per month; and for other purposes.
Referred to Committee on Counties and County Matters.
SR 69. By Senator Millican of the S2nd district:
A resolution providing for a joint committee from the Senate and House to revise and edit the rules of each branch of the General Assembly; and for other purposes.
Referred to Committee on Rules.
SR 66. By Senator Gross of the 31st district:
A resolution confirming the actions of Governor Talmadge in exempting state tax on aviation gasoline used in planes owned by the United States Government; and for other purposes.
Referred to Committee on Ways and Means.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a cal-

TUESDAY, MARCH 16, 1943

1271

endar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. HR 42-177A. One term divorce-constitutional amendment. 2. HB 297. Relating to insurance companies. 3. HR 52-217B. Relating to poll tax. 4. HB 144. Relating to beauticians and barbers.
5. HB 574. Pasteurization of milk.
6. HB 479. To pay W. Herbert Brannen medical expenses. 7. HB 509. Relating to hog cholera. 8. HR 73. Payment to Stocks Coal Company. 9. HR 159-641A. Authorizing game and fish commission to abandon fish
hatchery. 10. HB 242. Creating state farm board. 11. HB 106. Face value of insurance policy. 12. HR 103-454A. Special appropriations to Fred Black, Jr. 13. SB 19. Registration by owners of explosive. 14. SR 37. Constitutional amendment relative to legislative members hold-
ing office. 15. SR 50. State administration cooperate with council of state government. 16. SR 51. Memoralizing Congress-food problems. 17. SR 59. Relative to advising state board of pardons and paroles of legis-
lative intent. 18. SB 81. Relating to the filing of records of mortgage. 19. SB 82. Relating to transfer of boards by executors and administrators. 20. SB 84. Provide for intermediate in accounting by fidicuaries. 21. SB 91. Relative to husband and wife testifying against each other m
criminal proceedings. 22. SB 96. Relating to time and place of primary elections. 23. SB 107. Relative to salaries of bank examiners. 24. SB 116. Reorganizing state highway board. 25. SB 134. Relating to vocational education.

1272

JOURNAL OF THE HOUSE,

26. SB 141. Eligibility for homestead exemption. 27. SB 142. Common trust funds. 28. SB 145. Creating a state-wide general election. 29. SB 147. Filing of annual returns by fidicuaries. 30. SB 164. Recount in primary elections. 31. SB 169. Relating to fraternal benefit societies. 32. SB 170. Transferring duty of state entomologist m the director of en-
tomology. 33. SB 171. Relating to credit unions. 34. SB 173. Relating to Board of Regents.
35. SB 180. Constitutional amendment-public service commission.
36. SB 185. Providing for tax return for pipe lines to state revenue commissioner.
37. SB. 189. Relative to limited partnership. 38. SB 200. Relative to verification of individuals accounts by bank examiners. 39. SB 202. Relative to directors examinations. 40. SB 218. Changing date of filing reports by gasoline distributors. 41. HB 456. Relating to trade names. 42. HB 204. Relating to blind persons voting. 43. HB 585. Relating to practice of dentistry. The Speaker is authorized to call these bills in the order he sees fit, and to add to the calendar any general bills with local application.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.
The following resolution of the House was read and adopted: HR 167. By Mr. Key of Jasper:
A resolution commending the Bell Telephone Company and in particular Misses Lona Deal and Edith Morrison for their efficient and courteous service during the present session of the General Assembly; and for other purposes. The following resolution of the House was read and adopted:

TUESDAY, MARCH 16, 1943

1273

HR 168. By Messrs. Hand of Mitchell, Durden of Dougherty, and Harris of Richmond:

A resolution to request and direct the industrial leaders of Georgia to accept the responsibilities of setting up and develQping plans whereby our returning men of the armed forces can be properly equipped to take their places in the industrial life of our state; and for other purposes.

Under the special order established by the Committee on Rules, the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:

HB 456. By Mr. Pirkle of Forsyth:
A bill to be entitled an act to amend section 106-301 of the Code of 1933 relative to registration of business conducted under trade names to require that notice of application to engage in business shall be published in the official organ for four weeks; and for other purposes.
The following amendments were read and adopted:
Mr. Durden of Dougherty moves to amend HB 456 by striking the word corporation from said bill where same appears.

Mr. Whipple of Bleckley moves to amend HB 456 by striking the words four weeks, wherever they appear in the bill and inserting in lieu thereof the words two weeks.

Mr. Caldwell of Troup moved the previous question, the motion prevailed and eth main question was ordered.

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

Mr. Durden of Dougherty moved the ayes and nays, the call was sustained and the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Allison Alwood Anderson Bates Barfield Bargeron Bowen Boynton Brewton Broome Brunson Burnside

Burton

Bynum

Caldwell

Cannon

,

Cates

Chance

Cheshire

Connell

Copland

Cowart

Crummey

Dallis

Dalton Daves Deal Dorsett Drake Dukes Dunn DuPree Durden Dyal Easler Edwards

1274

JOURNAL OF THE HOUSE,

Etheridge

Kelly of Thomas

Foster

Kelly of Walker

Fussell

Kendrick

Gaskins

Key

Gaston

Littlejohn

Gholston

Livingston

Giddens

Looper

Gray

Mabry

Greene of Jones

Malone

Greene of Schley

Mankin

Guerry

Martin

Guyton

Maund

Harden

McCamy

Hardy

McCracken

Hart of Thomas

McEntire

Hatchett

Mcintosh

Hefner

Medders

Herndon

Mims

Hicks

Minchcew

Hightower

Mixon

Hill of Troup

Moore of Baldwin

Hogg

Moore of Taliaferro

Holley

Nicholson of Oconee

Hurst

Nicholson of Richmond

Jennings of Terrell

Park

Johns

Phillips

Johnson of Chattahoochee Pirkle

Johnson of Pike

Powell

Johnston

Those voting in the negative were:

Alexander Elliott Gavin Heard

Odom Ray Roughton Smith of Washington

Those not voting were:

Adams Baker Battles Bennett Bentley Boone Branch Bridges Campbell of Newton

Campbell of Polk Clark Culpepper Curry Dorsey Ennis Ferguson Fisher Fortson

Pruitt Reid Reynolds .Riddlespurger Riley Russell Salter Sheppard Smiley Smith of Carroll Smith of Dougherty Smith of Oglethorpe Sparks Sumner Thigpen Thompson Thrash Thurmond Waller Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Habersham Williams of Coffee Williams of Harris Willoughby Wright
Weaver Wilson
Gardner Gilbert Gillis Goldberg Gowen Graham Grayson Hagan Hand

TUESDAY, MARCH 16, 1943

1275

Hart of Quitman Hartness Hill of Clarke Hooks Horne Howard Hubert Jennings of Sumter Joiner Jones Knabb Mason Mavity McNall Miller Mills

Mitchell Moate Norman Ogburn Oliver Overby Padgett Pannell Parker Peck Pettit Porter Price Rees Roper Rossee

Rountree Rowland Sharpe Sills Smith of M uscogee Strickland Swint Thomas Turner Warnock: Wilbanks of Cherokee Williams of Gwinnett Woodruff Yawn Mr. Speaker

By unanimous CO(\Sent the verification of the roll call was dispensed with.

On the passage of the bill, as amended, the ayes were 121, the nays 10.

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

Mr. Pirkle of Forsyth asked unanimous consent that HB 456 be immediately transmitted to the Senate and the consent was granted.

HB 204. By Messrs. Smith and Reid of Carroll:
A bill to be entitled an act to amend section 34-1905 of the Code of Georgia of 1933 relating to voting; procuring of ballot; duty of managers; spoiling ballot; assistance in preparing ballot, so as to provide for selection of any freeholder to aid any person who cannot read the English language; and for other purposes.

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

On the passage of the bill, the ayes were 105, the nays 0.

The bill having received the requisite constitutional majority was passed.

HB 297. By Messrs. Allison of Gwinnett, Harris of Richmond, and Burnside of McDuffie:
A bill to be entitled an act to levy fees on insurance companies doing business in this state; and for other purposes.

Mr. Mims of Miller moved that HB 297 be postponed indefinitely.

1276

JOURNAL OF THE HOUSE,

On the motion to indefinitely postpone, Mr. Yawn of Dodge moved the ayes and nays and the call was sustained and the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Anderson Bates Barfield Boone Bowen Brewton Bridges Brunson Cannon Chance Copland Dallis Dalton Drake DuPree Edwards Elliott Fisher Fortson Foster Gardner

Gaston

Norman

Gholston

Odom

Giddens

Pannell

Gray

Parker

Greene of Schley

Pirkle

Hart of Quitman

Porter

Hart of Thomas

Powell

Hefner

Riddle spurger

Herndon

Riley

Hightower

Strickland

Hill of Clarke

Sumner

Hill of Troup

Warnock

Johns

W~ver

Johnson of Chattahoochee Phipple

Knabb

Wilbanks of Habersham

Littlejohn

William> of Coffee

Livingston

Williams of Gwinnett

Mavity

Williams of Harris

Maund

Willoughby

McEntire

Wilson

Medders

Woodruff

Mims

Wright

Nicholson of Oconee

Yawn.

Those voting in the negative were:

Allison Alwood Baker Battles Bargeron Bennett Branch Broome Bynum Caldwell Campbell of Polk Cates Cheshire Clark Connell Cowart

Deal Dorsett Dorsey Dnnn Durden Easler Ennis Etheridge Ferguson Gaskins Gavin Gilbert Gillis Goldberg Gowen Graham

Grayson Guyton Hagan Harden Heard Hicks Holley Howard Hubert Hurst Jennings of Terrell Joiner Johnston Kelly of Walker Kendrick Mabry

TUESDAY, MARCH 16, 1943

1277

Mankin Martin McCamy McCracken Mcintosh McNall Mills Minchew Mixon Moore of Baldwin

Moore of Taliaferro Nicholson of Richmond Ogburn Oliver Park Phillips Pruitt Ray Reynolds

Roper Russell Smith of Washington Thigpen Thomas Thrash Thurmond Wells of Telfair Wilbanks of Cherokee

Those not voting were :

Bentley Boynton Burnside Burton Campbell of Newton Crummey Culpepper Curry Daves Dukes Dyal Fussell Greene of Jones Guerry Hand Hardy Hartness Hatchett Hogg Hooks Horne

Jennings of Sumter Johns Johnson of Pike Jones Kelly of Thomas Key Looper Malone Mason Miller Mitchell Moate Nichcolson of Oconee Overby Padgett Peck Pettit Price Rees Reid Rossee

Roughton Rountree Rowland Salter Sharpe Sheppard Sills Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Sparks Swint Thompson Turner Waller Welch Wells of Ben Hill Mr. Speaker

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

On the motion to indefinitely postpone HB 297, the ayes were 69, the nays 76, the motion was lost.

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

Mr. Allison of Gwinnett moved the ayes and nays and the call was sustained.

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

1278

JOURNAL OF THE HOUSE,

Those voting in the affirmative were:

Allison Baker Battles Bargeron Bennett Boynton Branch Broome Burnside Burton Bynum Cates Cheshire Clark Connell Cowart Daves Deal Dorsett Dorsey Dukes Dunn Durden Ennis Etheridge Ferguson

Gholston Gilbert Goldberg Gowen Graham Harden Hatchett Hicks Holley Howard Hubert Hurst Jennings of Terrell Joiner Johnston Kelly of Walker Kendrick Littlejohn Mankin McCamy McCracken Mcintosh Mills Minchew Mitchell Mixon

Those voting in the negative were:

Adams Alexander Alwood Anderson Bates Bentley Boone Brunson Campbell of Polk Cannon Chance Copland Crummey Dallis Dalton DuPree

Edwards Elliott Fisher Fortson Foster Fussell Gaston Gavin Giddens Gillis Gray Grayson Greene of Jones Greene of Schley Guerry Guyton

Moate Moore of Baldwin Nicholson of Richmond Oliver Park Peck: Phillips Porter Pruitt Ray Reynolds Riddlespurger Roper Rossee Russell Sills Smiley Smith of Dougherty Smith of Washington Sparks Thigpen Thomas Thurmond Wilbanks of Cherokee Wright
Hart of Quitman Herndon Hightower Hill of Troup Hogg Johns Kelly of Thomas Livingston Martin Maund McEntire Medders Mims Nicholson of Oconee Norman Odom

TUESDAY, MARCH 16, 1943

1279

Pannell Parker Pirkle Powell Price Reid Riley Salter Sheppard

Smith of Carroll Strickland Sumner Thompson Thrash Wa-rnock
Weaver Welch

Whipple Wilbanks of Habersham Williams of Coffee Williams of Harris Willoughby Wilson Woodruff Yawn

Those not voting were :

Barfield Bowen Brewton Bridges Caldwell Campbell of Newton Culpepper Curry Drake Dyal Easler Gardner Gaskins Hagan Hand Hardy Hart of Thomas Hartness Heard Hefner

Hill of Clarke

Ogburn

Hooks

Overby

Horne

Padgett

Jennings of Sumter

Pettit

Johnson of Chattahoochee Phillips

Johnson of Pike

Rees

Jones

Roughton

Key

Rountree

Knabb

Rowland

Looper

Sharpe

Mabry

Smith of Muscogee

Malone

Smith of Oglethorpe

Mason

Swint

Mavity

Turner

McEntire

Waller

McNall

Wells of Ben Hill

Miller

Wells of Telfair

Mims

Williams of Gwinnett

Moore of Taliaferro

Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 77, the nays 73.

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

HR 73-295. By Mr. Etheridge of Fulton:
A resolution to appropriate to the Stocks Coal Co. the sum of $756.64 dollars for coal furnished the State of Georgia which has not been paid; and for other purposes.

The House was resolved into a Committee of the Whole House to consider HR 73-295B, and the Speaker designated Mr. Hagan of Screven as the Chairman thereof.

1280

JOURNAL OF THE HOUSE,

The Committee of the Whole House arose, and through its Chairman, reported the resolution back to the House with the recommendation that the same be adopted, as amended.

HR 73-295B. By Mr. Etheridge of Fulton:

A resolution to appropriaate to_ the Stocks Coal Co. the sum of $756.64 dollars for coal furnished the State of Georgia which has not been paid; and for other purposes.

The following amendment to HR 73-295B was read and adopted:

Mr. Etheridge of Fulton moves to strike the last section of said resolution in its entirety and substituting in lieu thereof the following:

"Now therefore, be it resolved by the General Assembly of Georgia that the budget authorities of the state be and are hereby directed to pay the sum of $756.64 from the funds already appropriated to the department of public buildings and grounds to the Stocks Coal Co. for the purchase price of said coal, in the event the financial condition of the state warrants.''

The report of the committee, which was favorable to the adoption of the resolution, as amended, was agreed to.

The resolution being an appropriation measure, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander Allison Alwood Anderson Baker Barfield Bargeron Bennett Bentley Bowen Boynton Branch Brewton Broome Brunson Burnside Campbell of Polk Chance Cheshire Connell Copland

Cowart Daves Deal Dorsett Dorsey Dukes Dunn DuPree Durden Easler Etheridge Fisher Fortson Foster Fussell Gardner Gavin Gholston Giddens Goldberg Graham

Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hardy Hartness Heard Hefner Hightower Hill of Clarke Hill of Troup Holley Hooks Horne Hubert Hurst Jennings of Sumter Joiner Johns

TUESDAY, MARCH 16, 1943

1281

Johnston Kendrick Mabry Malone Mankin Mason Maund McCamy McEntire Mcintosh McNall Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Norman

Odom Park Peck Phillips Pirkle Porter Price Pruitt Ray Reid Reynolds Riddlespurger Riley Roper Rossee Salter Sheppard

Smith of Dougherty Sparks Strickland Sumner Thompson Thrash Thurmond Warnock Weaver Wells of Telfair Wilbanks of Cherokee Wilbanks of Habersham Williams of Harris Willoughby Wilson Woodruff Yawn

Those voting in the negative were:

Elliott

Welch

Williams of Coffee

Those not voting were:

. Adams
Bates Battles Boone Bridges Burton Bynum Caldwell Campbell of Newton Cannon Cates Clark: Crummey Culpepper Curry Dallis Dalton Drake Dyal Edwards Ennis Ferguson Gaskins

Gaston

Livingston

Gilbert

Looper

Gillis

Martin

Gowen

Mavity

Grayson

McCracken

Hand

Medders

Harden

Miller

Hart of Quitman

Mills

Hart of Thomas

Mims

Hatchett

Moate

Herndon

Niccholson of Richmond

Hicks

Ogburn

Hogg

Oliver

Howard

Overby

Jennings of Terrell

Padgett

Johnson of Chattahoochee Pannell

Johnson of Pike

Parker

Jones

Pettit

Kelly of Thomas

Powell

Kelly of Walker

Rees

Key

Roughton

Knabb

Rountree

Littlejohn

Rowland

1282

JOURNAL OF THE HOUSE,

Russell Sharpe Sills Smiley Smith of Carroll Smith of Muscogee Smith of Oglethorpe

Smith of Washington Swint Thigpen Thomas Turner Waller

Wells of Ben Hills Whipple Williams of Coffee Williams of Gwinnett Wright Mr. Speaker

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

On the adoption of the resolution, as amended, the ayes were 115, the nays 3.

The resolution having received the requisite consitutional majority was adopted, as amended.

Mr. Etheridge of Fulton asked unanimous consent that HR 73-295B be transmitted immediately to the Senate, and the consent was granted.

HB 509. By Messrs. Bynum of Rabun, Oliver of Tattnall, Chance of Twiggs, Pirkle of Forsyth, Mason of Morgan, and DuPree of Pulaski:

A bill to be entitled an act to appropriate $15,000.00 to equip a veterinary diagnostic laboratory in the agricultural department to test cholera serum, and biological products for purity and potency; and for other purposes.

The House was resolved into the Committee of the Whole House >to consider HB 509 and the Speaker designated Mr. Smith of Dougherty as chairman thereof.

The Committee of the Whole House arose, and through its Chairman, reported HB 509 back to the House with the recommendation that the same do pass.

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

On the passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the a:ftirmative were:

Adams Alexander Alwood Anderson Baker Bates Battles Barfield Bargeron Bentley Boone Bowen Branch

Bridges Broome Brunson Burnside Burton Bynum Campbell of Polk Cannon Cates Chance Cheshire Clark Connell

Copland Cowart Crummey Dallis Dalton Daves Deal Dorsett Dorsey Drake Dukes DuPree Durden

TUESDAY, MARCH 16, 1943

1283

Dyal Easler Edwards Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gavin Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Greene of Schley Guerry Guyton Hagan Harden Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley

Hooks Horne Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Pike Johnston Kelly of Thomas Littlejohn Livingston Mabry Malone Mankin Maund McCamy McCracken McEntire Mcintosh Medders Mills Mims Minchew Mitchell Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Oliver Pannell Park Parker Peck

Those not voting were:

Allison Bennett Boynton Caldwell

Campbell of Newton Culpepper Curry Dunn

Phillips Pirkle Porter Powell Price Pruitt Ray Reid Reynolds Riddlespurger Roper Rossee Russell Salter Sheppard Sills Smiley Smith of Washington Strickland Sumner Thigpen Thomas Thompson Thrash Thurmond Waller Warnock Weaver Welch Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris Willoughby Wilson Woodruff Yawn
Elliott Gaston Grayson
Greene of Jonei

1284

JOURNAL OF THE HOUSE,

Hand

Miller

Johnson of Chattahoochee Mixon

Kelly of Walker

Overby

Kendrick

Padgett

Key

Pettit

Knabb

Rees

Looper

Riley

Martin

Roughton

Mason

Rountree

Mavity

Rowland

McNall

Sharpe

Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Sparks Swint Turner Wells of Ben Hill Williams of Gwinnett Wright Mr. Speaker

By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 158, the nays 0.

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

Mr. Guyton of Effingham asked unanimous consent that HB 509 be immediately transmitted to the Senate and the consent was granted.
HB 479. By Messrs. Deal and Brunson of Bulloch and Guyton of Effingham:
A bill to be entitled an act to provide for the reimbursement of Herbert Brannen for hospital expenses and other expenses caused by his being wounded by officers of the state in an attempt to capture an escaped convict; and for other purposes.

The House was resolved into the Committee of the Whole House for the

purpose of considering HB 479, and the Speaker designated Mr. Mitchell of Monroe

as chairman thereof.



The Committee of the Whole House arose and through its chairman reported HB 479 back to the House with the recommendation that same do pass by substitute.

HB 479. By Messrs. Deal and Brunson of Bulloch and Guyton of Effingham:

A bill to be entitled an act to provide for the reimbursement of Herbert Brannen for hospital expenses and other expenses caused by his being wounded by officers of the state in an attempt to capture and escaped convict; and for other purposes.

The following substitute was read and adopted:

Committee Substitute for HB 479:

A bill to be entitled an act providing funds for the reimbursement of medical expenses, hospital treatment and nurses and doctors' bills, for W. Herbert Brannen, a citizen of the State of Georgia, caused by his being

TUESDAY, MARCH 16, 1943

1285

wounded by officers of the State of Georgia in their attempt to capture escaped convicts on July 11th, 1938; and for other purposes.
WHEREAS, W. Herbert Brannen, while employed as a traveling salesman on July 11, 1938, was peaceably pursuing his occupation and traveling State Route No. 38, between Hinesville and Ludowici, Georgia, in an automobile; and,
WHEREAS, while between the said two towns Forrest Turner and four {4) other convicts who had escaped from the penitentiary blocked the highway causing him to stop; and,
WHEREAS, the said convicts at the points of guns made a prisoner of said W. Herbert Brannen in his own automobile; and,
WHEREAS, while a prisoner as aforesaid, the officers of Liberty County and
the State Highway Patrol set out in pursuit of said fleeing convicts, they not knowing that said Herbert Brannen was in said automobile, fired upon the vehicle. When the officers fired upon said automobile three (3) buckshot struck the said W. Herbert Brannen immediately below his right shoulder blade, one of said shots causing his right lung to collapse, and one of said shots passing through his liver, and one of said shots puncturing his diaphram; and,
WHEREAS, when said convicts were finally overhauled the automobile was caused to turn over at a speed of approximately eighty {80) miles an hour, injuring the back of the said W. Herbert Brannen; and,
WHEREAS, as a result of the injuries received, he was placed in a hospital in Savannah, Georgia, remaining there approximately twenty (20) days at a cost of seven hundred and fifty dollars ($750.00); and,
WHEREAS, he lost twelve (12) weeks from his work; and,
WHEREAS, as a result of the injury his health is now bad and will continue to be bad and its affects his earning capacity and his ability to support his wife and infant child; and,
WHEREAS, he has no remedy at law to recover damages from any person involved;
NOW, THEREFORE, BE IT ENACTED by the General Assembly of the State of Geogria and it is hereby enacted by authority of the same,
Section 1. That there is hereby appropriated from any lawful funds in the treasury of the State of Georgia, not otherwise appropriated and payable when the budget authorities of the state may determine that said funds are available, the sum of seven hundred fifty dollars ($750.00), to be paid to W. Herbert Brannen, a citizen of the State of Georgia, for reimbunement of medical expenses, hospital treatment and nurses and doctors' bills.
Section 2. BE IT FURTHER ENACTED that all acta and parts of acts m conflict with the provisions of this act be and the same are hereby repealed.

1286

JOURNAL OF THE HOUSE,

The report .of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
The bill involving an appropriation, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Alexander Allison Alwood Anderson Baker Bates Barfield Bargeron Bentley Bowen Branch Brewton Brunson Burnside Burton Bynum Campbell of Polk Cates Chance Cheshire Connell Copland Cowart Dalton Daves Deal Dorsett Dorsey Drake Dukes DuPree Dyal Easler Edwards Ennis Etheridge Fisher Fortson

Fussell

Looper

Gardner

Mabry

Gaston

Mankin

Gavin

Martin

Gholston

Mavity

Giddens

Maund

Gillis

McCamy

Goldberg

McCracken

Graham

McEntire

Gray

Mcintosh

Greene of Jones

McNall

Greene of Schley

Medders

Guerry

Mims

Guyton

Minchew

Hagan

Mitchell

Hardy

Mixon

Hart of Quitman

Moate

Hartness

Moore of Baldwin

Hatchett

Moore of Taliaferro

Hefner

Nicholson of Oconee

Herndon

Nicholson of Richmond

Hightower

Norman

Hill of Clarke

Odom

Hill of Troup

Oliver

Hogg

Park

Holley

Peck

Hooks

Pirkle

Howard

Porter

Hubert

Powell

Jennings of Sumter

Price

Jennings of Terrell

Reid

Joiner

Reynolds

Johns

Riddlespurger

Johnson of Chattahoochee Riley

Johnson of Pike

Roper

Johnston

Rossee

Kelly of Walker

Russell

Key

Salter

Littlejohn

Sheppard

TUESDAY, MARCH 16, 1943

1287

Sills Smiley Smith of Carroll Smith of Dougherty Smith of Washington Sumner Thigpen

Thompson Thrash Thurmond Weaver Wells of Telfair Wilbanks of Cherokee

Those not voting were :

Battles Bennett Boone Boynton Bridges Broome Caldwell Campbell of Newton Cannon Clark Crummey Culpepper Curry Dallis Dunn Durden Elliott Ferguson Foster Gaskins Gilbert Gowen Grayson

Hand Harden Hart of Thomas Heard Hicks Horne Jennings of Terrell Jones Kelly of Thomas Kendrick Knabb Livingston Malone Mason Miller Mills Ogburn Overby Padgett Pannell Parker Pettit Phillips

Wilbanks of Habersham Williams of Harris Willoughby Wilson Woodruff Yawn
Pruitt Ray Rees Roughton Rountree Rowland Sharpe Smith of Muscogee Smith of Oglethorpe Sparks Strickland Swint Thomas Turner Waller Warnock Welch Wells of Ben Hill Whipple Williams of Coffee Williams of Gwinnett Wright Mr. Speaker

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

On the passage of the bill, by substitute, the ayes were 136, the nays 0.

The bill having received the requisite constitutional majority was passed, by substitute.
HR 103-454B. By Messrs. Wilson, Weaver, and Barfield of Bibb, Ray of Warren, and Clark of Catoosa:
A resolution to provide for the payment of the funeral expenses of Fred Black, Jr., a state patrolman who was killed in the line of duty; and for other purposes.
The House was resolved into the Committee of the Whole House for the pur-

1288

JOURNAL OF THE HOUSE,

pose of considering HR 103-454B, and the Speaker designated Mr. Cheshire of Colquitt as the Chairnian thereof.

The Committee of the Whole House arose and through its chairman reported

HR 103-454B 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.

The resolution involving an appropriation, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander Allison Alwood Anderson Baker Battles Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch Brewton Broome Brunson Burnside Bynum Campbell of Polk Chance Cheshire Connell Copland Cowart Dallis Daves Deal Dorsett Dorsey Dukes Dunn DuPree

Easler Elliott Ennis Etheridge Fisher Fortson Foster Fussell Gardner Gaston Gavin Gholston Giddens Goldberg Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hardy Hartness Hatchett Heard Hefner Hightower Hill of Clarke Hill of Troup Holley Hooks Horne Howard

Hubert Hurst Jennings of Sumter Joiner Johns Johnson of Pike Johnston Kendrick Livingston Looper Mabry Malone Mankin Maund McCamy McEntire Mcintosh McNall Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Norman Odom Oliver Pannell Park: Peck Pirkle Porter Price

TUESDAY, MARCH 16, 1943

1289

Pruitt Ray Reid Reynolds Riddlespurger Riley Roper Rossee Salter Sheppard

Smith of Carroll Smith of Dougherty Sparks Strickland Sumner Thompson Thrash Thurmond Warnock Weaver

Wells of Telfair Wilbanks of Cherokee Wilbanks of Habersham Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff Yawn

Those not voting were :

Adams Bates Bridges Burton Caldwell Campbell of Newton Cannon Cates Clark. Crummey Culpepper Curry Dalton Drake Durden Dyal Edwards Ferguson Gaskins Gilbert Gillis Gowen Grayson Hand Harden Hart .of Quitman

Hart of Thomas

Pettit

Herndon

Phillips

Hicks

Powell

Hogg

Rees

Jennings of Terrell

Roughton

Johnson of Chattahoochee Rountree

Jones

Rowland

Kelly of Thomas

Russell

Kelly of Walker

Sharpe

Key

Sills

Knabb

Smiley

Littlejohn

Smith of Muscogee

Martin

Smith of Oglethorpe

Mason

Smith of Washington

Mavity

Swint

McCracken

Thigpen

Medders

Thomas

Miller

Turner

Mills

Waller

Mims

Welch

Moate

Wells of Ben Hill

Nicholson of Richmond Whipple

Ogburn

Williams of Coffee

Overby

Wright

Padgett

Mr. Speaker

Parker

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

On the adoption of the resolution, the ayes were 128, the nays 0.

The resolution having received the requisite constitutional majority was adopted.

SB 169. By Senator Gross of the 31st district:

A bill to be entitled an act to amend, revise, and codify the laws of this state governing fraternal ben'!fit societies; and for other purposes.

1290

JOURNAL OF THE HOUSE,

By unanimous consent, further consideration of SB 169 was postponed until tomorrow, March 17, 1943.

By unanimous consent, the House recessed until after the return of the members from the inspection tour to Marietta Aircraft Assembly Plant.

The Speaker called the House to order.

Under the order of business established by the Committee on Rules the following bills and resolutions of the Senate were taken up for consideration, read the third time and placed upon their passage:

SR 40. By Senator Lovett of the 16th district:

A resolution to authorize the state librarian to furnish certain law books to Laurens County; and for other purposes.

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:

Alexander Allison Alwood Bates Battles Bargeron Bennett Bentley Bowen Boynton Branch Broome Brunson Burnside Bynum Campbell of Polk Cannon Cheshire Crummey Culpepper Daves Deal Dorsey DuPree Easler Edwards

Elliott Foster Gardner Gholston Giddens Gowen Grayson Greene of Jones Guerry Hagan Hand Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Hefner Herndon Hicks Hill of Clarke Hill of Troup Hogg Hooks Horne Hubert Jennings of Sumter
..

Johnson of Chattahoochee Johnson of Pike Johnston Kelly of Thomas Knabb Littlejohn Mankin Mason Maund McCamy McCracken McEntire Mcintosh Miller Mills Minchew Mitchell Mixon Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Odom Pannell Parker Phillips

TUESDAY, MARCH 16, 1943

1291

Pirkle Price Ray Reid Reynolds Riley Rossee Roughton Russell

Sharpe Sheppard Smiley Smith of Carroll Smith of Washington Sparks Strickland Thomas Thrash

Those not voting were:

Adams Anderson Baker Barfield Boone Brewton Bridges Burton Caldwell Campbell of Newton Cates Chance Clark Connell Copland Cowart Curry Dallis Dalton Dorsett Drake Dukes Dunn Durden Dyal Ennis Etheridge Ferguson Fisher Fortson Fussell Gaskins Gaston Gavin

Gilbert Gillis Goldberg Graham Gray Greene of Schley Guyton Harden Heard Hightower Holley Howard Hurst Jennings of Terrell Joiner Johns Jones Kelly of Walker Kendrick Key Livingston Looper Mabry Malone Martin Mavity McNall Medders Mims Moate Norman Ogburn Oliver

Turner Weaver Welch Wells of Telfair Wilbanks of Habersham Williams of Coffee Williams of Harris Wilson Yawn
Overby Padgett Park Peck Pettit Porter Powell Pruitt Rees Riddlespurger Roper Rountree Rowland Salter Sills Smith of Dougherty Smith of Muscogee Smith of Oglethorpe Sumner Swint Thigpen Thompson Thurmond Waller Warnock Wells of Ben Hill Whipple Wilbanks of Cherokee Williams of Gwinnett Willoughby Woodruff Wright Mr. Speaker

1292

JOURNAL OF THE HOUSE,

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 104, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
SB 151. By Senator Shannon of the 21st district:
A bill to be entitled an act to provide for the holding of two terms a year of the Twiggs superior court; to fix the time of holding 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 212. By Senator Gross of the 31st district:
A bill to be entitled an act to provide for the holding of four terms a year of the Superior court of Stephens county; to fix the time of holding 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 152. By Senator Shannon of the 21st district:
A bill to be entitled an act to provide for two terms a year of the superior court of Twiggs county on the second Mondays in April and October; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 216. By Senator Shannon of the 21st district:
A bill to be entitled an act to provide that the salary of the sheriff of Twiggs county shall be $100.00 per month in addition to fees; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.

TUESDAY, MARCH 16, 1943

1293

The bill having received the requisite constitutional majority was passed.
SB 176. By Senator Millican of the 52nd district:
A bill to be entitled an act to require registration cards in the voters book: in Fulton county; to disclose information regarding naturalization date; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 177. By Senator Millican of the 52nd district:
A bill to be entitled an act to require election managers in Fulton county to preserve the applications for ballots of voters; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed. SB 175. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize the division of the militia districts into election precincts where additional precincts are required; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed. SB 203. By Senator Millican of the 52nd district:
A bill to be entitled an act to require that in all elections in Fulton county the voters shall vote in the precinct, area, ward or district where said voter resides; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed. was agreed to.

1294

JOURNAL OF THE HOUSE,

SB 207. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize the ordinary of Fulton county to install and use photostatic equipment for the recording of documents; and for other purposes.
The following amendment was read and aropted:
Messrs. Etheridge, Kendrick, Mrs. Mankin of Fulton move to amend SB 207 as follows: By adding a new sentence to section 4 of said bill at the end thereof to read as follows: "Provided, however, that in all cases carried to the supreme court of Georgia or to the court of appeals of Georgia, the rules of these courts for the preparation of transcripts of records shall be complied with."
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 ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
SB 217. By Senator Shannon of the 21st district:
A bill to be entitled an act to provide new schedule of commissions to be paid the tax commissioner of Twiggs county; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 215. By Senator Whitworth of the 38th district:
A bill to be entitled an act to provide additional regulations for the registration of voters in counties having a population of 12,900 and not less than 12,800; to provide new registration books and for the re-registration of all voters; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
SR 58. By Senator Preston of the 27th district:
A resolution authorizing the state librarian to furnish certain law books to the clerk of the superior court of Walton county; and for other purposes.

TUESDAY, MARCH 16, 1943

1295

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
SB 19. By Senators Foster of the 40th, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forrester of the 44th, and Ingram of the 51st district:
A bill to be entitled an act to amend section 88-801 relating to the registration of owners of explosives and authorizing the obtaining a license for the ownership, possession and control of the same; and for other purposes.
Mr. Smith of Carroll moved that further consideration of SB 19 be postponed until tomorrow March 17, 1943, and the motion prevailed.
SB 81. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend an act found in Georgia Laws 1937, pages 760-61 the effect of filing for record mortgages, bills of sales, contracts, etc., to provide for the renewal of such notice; and for other purposes.
Mr. Weaver of Bibb moved that further consideration of SB 81 be postponed until tomorrow, March 17, 1943, and the motion prevailed.
SR 59. By Senators Foster of the 40th, Pittman of the 42nd, Ansley of the lOth, Jones of the 3rd, Moore of the 32nd, Kaigler of the 12th, Pope of the 7th, Raynor of the 4th, Preston of the 27th, Peterson of the 15th, Lovett of the 16th, Harrison of the 17th, Kennedy of the 2nd, Forester of the 44th, Boyett of the 11th, Whitworth of the 30th, Griner of the 45th, Cooper of the 14th, Hollis of the 24th, Clements' of the 9th, Ennis of the 20th, Hampton of the 41st, and Ingram of the 51st districts:
A resolution advising the State Board of Pardons and Paroles of the wish and intent of the General Assembly; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
SB 141. By Senator Harrison of the 17th district:
A bill to be entitled an act to amend the homestead exemption act so as to provide that where an owner contracts for the replacement of a home and resides in the replaced dwelling under a bona fide option to purchase, he shall be entitled to tax exemption; and for other purposes.

12%

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 200. By Senator Lovett of the 16th district:
A bill to be entitle& an act to amend section 13-401 by adding section 13-401A to provide that the bank examiners shall verify eighteen or more individual accounts; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 202. By Senator Arnold of the 26th district;
A bill to be entitled an act to amend the banking laws so as to provide that the bank examiners shall interview the directors or committee of directors; and for other purposes.
Mr. Harris of Richmond moved that the House do now adjourn until tomorrow morning at 9:00 o'clock and the motion prevailed.
The Speaker Pro Tern. announced the House adjourned until tomorrow morning at 9:00 o'clock and SB 202 went over as unfinished business.

WEDNESDAY, MARCH 17, 1943

1297

Representative Hall, Atlanta, Georgia,
Wednesday, March 17, 1943.
The House met pursuant to adjournment this day at 9:00 o'clock a. m., was called to order by the Speaker Pro Tem. and opened with a prayer by the chaplain.
Mr. Park of Greene asked unanimous consent that the call of the roll be dispensed with.
The consent was granted and 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 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. First reading and reference of Senate bills.
4. Third reading and passage of local uncontested bills.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bills of the House, to wit:
HB 162. By Messrs. Harris, Holley, and Nicholson of Richmond: A bill to fix the salaries of all deputies and assistants of the county officials of all counties having a population of not less than 81,000 and not more than 83,000; and for other purposes.
HB 623. By Messrs. Harris, Holley, and Nicholson of Richmond: A bill to fix the salaries and compensation of certain officials and deputies of the municipal court of the City of Augusta; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority the
following bills of the House, to wit:

1298

JOURNAL OF THE HOUSE,

HB 163. By Messrs. Thigpen of Glascock, Fortson of Wilkes, Clark of Catoosa:
A bill to amend Code of Georgia of 1933 pertaining to registered voters list; and for other purposes.
HB 165. By Messrs. Bates of Ware and Gholston of Madison:
A bill to encourage physicians to practice medicine in small towns; and for other purposes.
HB 254. By Mr. Elliott of Muscogee:
A bill to fix the time within which all suits for the recovery of wages shall be brought; and for other purposes.
HB 419. By Messrs. Price and Hill of Clarke:
A bill to amend an act entitled "Homestead exemption from taxes"; and for other purposes.
HB 640. By Mr. Odom of Baker:
A bill to amend an act creating a board of commissioners of roads and revenue for Baker county; and for other purposes.
HR 43. By Mr. Gaskins of Berrien:
A resolution to authorize the City of Ray City to incur a bonded indebtedness; and for other purposes.
HR 115. By Mr. McNall of Chatham:
A resolution directing the Governor to proclaim March 12th of each year "Juliette Low-Girl Scout Day".
HR 118. By Messrs. Kendrick and Etheridge and Mrs. Mankin of Fulton:
A resolution to authorize the board of commissioners of roads and revenues of Fulton county and the City of Atlanta to make appropriations to advertise and promote agricultural, industrial, historic; and for other purposes.
HR 126. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A resolution authorizing Fulton county to make temporary loans; and for other purposes.
HB 455. By Messrs. Harris of Richmond and Durden of Dougherty:
A bill to provide for the joint control with any surety of money or securities or other assets by any administrator, or any other fiduciary for whom obligation is required; and for other purposes.
HR 168. By Messrs. Hand of Mitchell, Durden of Dougherty and Harris of Richmond:

WEDNESDAY, MARCH 17, 1943

1299

A resolution requesting the industrial leaders of Georgia to accept responsibility of setting up machinery and plans so that men of armed forces returning can take their places in industrial life; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House, to wit:
HB 411. By Messrs. Durden and Smith of Dougherty:
A bill to regulate the buying or selling or delivery of pecan nuts and other similar nuts; and for other purposes.
HB 521. By Messrs. Caldwell of Troup and Hand of Mitchell:
A bill to authorize the deduction of amorization for emergency of war facilities from gross income in computing income taxes for the State of Georgia; and for other purposes.
HB 534. By Mr. Bynum of Rabun:
A bill to amend an act entitled "an act to create and establish the city court of Rabun county"; and for other purposes.
HB 584. By Messrs. Broome, Hubert and Turner of DeKalb:
A bill to amend the Constitution by directing the county authorities of DeKalb county to levy a tax not exceeding one mill for educational purposes; and for other purposes.
HB 602. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to provide that the judge of the city court of Richmond county, Georgia, shall be permitted to practice law; and for other purposes.
HB 614. By Mr. Chance of Twiggs:
A bill to amend an act so that after the present term of the commissioners has expired, the next term commencing Jan. 1, 1945, shall be for a period of 4 years; and for other purposes.
HB 616. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to fix the salary of assistant solicitor general in counties having a population of from 81,000 to 83,000; and for other purposes.
HB 618. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to provide that the solicitor general of the Augusta circuit shall have the power to appoint a clerk; and for other purposes.

1300

JOURNAL OF THE HO'USE,

Mr. Sills of Candler 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 recommendations:

SB 227. Do Pass.

Respectfully submitted,

Sills of Candler, Chairman.

Mr. Cowart of Lowndes 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 Senate and have instructed me as Chairman, to report the

same back to the House with the following recommendations:



SB 236. Do Pass.

Respectfully submitted,

Cowart of Lowndes, Vice-Chairman.

Mr. Cowart of Lowndes County, Vice-Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 225. Do Pass.
SB 242. Do Pass.
Respectfully submitted,
Cowart of Lowndes, Vice-Chairman.

Mr. Mranch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

WEDNESDAY, MARCH 17, 1943

1301

Mr. Speaker: Your Committee on Engrossing has examined, found properly engrossed and
ready for transmission to the Senate the following resolutions of the House, to wit: HR 169. HR 170. HR 171. Respectfully submitted, Branch of Tift, Chairman.
Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills of the House, to wit:
HB 215. HB 552.
Respectfully submitted, Johnson of Chattahoochee, Chairman.

Mr. Mixon of Irwin 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:
HB 37. Do Not Pass. HB 82. Do Not Pass. HB 167. Do Not Pass. HB 201. Do Not Pass. HB 223. Do Not Pass. HB 377. Do Not Pass. HB 384. Do Not Pass.

1302

JOURNAL OF THE HOUSE,

HB 426. Do Not Pass. HB 516. Do Not Pass. HB 560. Do Not Pass. HB 592. Do Not Pass.
Respectfully submitted,

Mixon of Irwin, Chairman.

Mr. Kendrick, of Fulton County, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 150. Do Not Pass.
SB 192. Do Pass.
Respectfully submitted,

Kendrick of Fulton, Chairman.

Mr. Allison of Gwinnett County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 238. Do Pass.
SB 231. Do Pass.
SB 226. Do Pass as Amended.
SB 224. Do Pass.
Respectfully submitted,
Allison of Gwinnett, Chairman.
Mr. Drake, of Seminole County, Chairman of the Committee on Public Highways No.2, submitted the following report:

WEDNESDAY, MARCH 17, 1943

1303

Your Committee on Public Highways No. 2 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:
SB 114. Do Pass.
SB 113. Do Pass.
Respectfully submitted,
Drake of Seminole, Chairman.
Mr. Rountree of Emanuel County, Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker:
Your Committee on Public Property have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 77. Do Pass.
Respectfully submitted,
Rountree of Emanuel, Chairman.
Mr. Durden of Dougherty County, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules have had under consideration the following resolution of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 69. Do Pass.
Respectfully submitted,
Durden of Dougherty, Chairman.
Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:

1304

JOURNAL OF THE HOUSE,

SB 241. Do Pass. SB 186. Do Pass. SB 223. Do Not Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Burnside of McDuffie 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 and resolution of the Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 237. Do Pass.
SB 66. Do Pass.
Respectfully submitted,
Burnside of McDuffie, Chairman.

By unanimous consent, the following bills and resolutions, of the Senate favorably reported, were read the second time:
SB 77. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize the Governor to sell all book plate metal belonging to the state; and for other purposes.
SB 113. By Senator Shannon of the 21st district:
A bill to be entitled an act to amend an act entitled "Highway Mileage" as same appears in Acts of Georgia Legislature of 1929, pages 260 and 268. Said act hereby amended being known as Traylor-Neill act; and for other purposes.
SB 114. By Senator Shannon of the 21st district:
A bill to be entitled an act to amend an act entitled "Highway Mileage" as appears in Acts of Georgia Legislature of 1929, pages 260 arid 268. Said act hereby amended being known as the Traylor-Neill act; and for other purposes.
SB 186. By Senators Lester of the 18th, Pope of the 7th, Bloodworth of the 23rd and Forester of the 44th districts:

WEDNI!SDAY, MARCH 17, 1943

1305

A bill to be entitled an act to provide for the wartime mobilization of paid, volunteer and auxiliary firemen and prescribing the powers, duties, and responsibilities of the Governor and other public officials in connection therewith; and for other purposes.
SB 192. By Senators Jones of the 3rd and Ansley of the lOth districts:
A bill to be entitled an act to amend an act entitled "Georgia Unemployment Compensation Law", approved March 29, 1937, as amended by an act approved January 25, 1938, and as further amended by an act approved March 21, 1931, by repealing section 3 (f) of said act, as amended, which provides for the preservation of benefit rights of individuals who are or have been called or drafted or ertlisted in any organization affiliated with the defense of United States; and for other purposes.
SB 224. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act approved August 20, 1927, appearing in the published acts of 1927 on pages 265 to 268, inclusive, and being entitled "an act to provide that cities having a population of more than 150,000 by the United States census of 1920 or subsequent census, shall furnish pensions to all officers and employees"; and for other purposes.
SB 225. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend act of 1939 as amended by act of 1941 covering pensions to employees of Fulton county; and for other purposes.
SB 226. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend an act to provide that cities having a population of 150,000 or more according to census of 1920 or any future census shall furnish pensions to otlicers and employees; and for other purposes.
SB 227. By Senator Forester of the 44th district:
A bill to be entitled an act to authorize and direct the authority having control of the expenditures of county funds and/or other proper officials in all counties in the State of Georgia having a population of not more than 12,210 nor less than 12,190 according to the federal census of 1940; and for other purposes.
SB 231. By Senator Millican of the 52nd district:
A bill to be entitled an act to provide for extension of term of executive meeting of party organizations in municipalities having a population of 200,000 or more; and for other purposes.
SB 236. By Senator Harrison of the 17th district:
A bill to be entitled an act to abolish the offices of tax receiver and tax

1306

JOURNAL OF THE HOUSE,

collector for the County of Jenkins and to create the office of tax commissioner of Jenkins County; and for other purposes.
SB 237. By Senator Fowler of the 39th district:
A bill to be entitled an act to amend the income tax act relative to credits allowed on account of bad debts; and for other purposes.
SB 238. By Senator Newton of the 47th district:
A bill to be entitled an act to amend an act of 1943, creating and establishing a new charter for the City of Moultrie by striking therefrom all provisions for the levying of a sales and an income tax; and for other purposes.
SB 241. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to increase the salary of the director of the veterans' service office by amending section 78-102, so that the salary of the_ director shall be $4,800 instead of $4,000; and for other purposes.
SB 242. By Senator Forester of the 44th district:
A bill to be entitled an act to authorize and direct the ordinaries and county treasurers and/or other proper officials of all counties having a population of 13,010 to pay the sheriffs the sum of $75.00 per month; and for other purposes.
SR 66. By Senator Gross of the 31st district:
A resolution confirming the actions of Governor Talmadge in exempting state tax on aviation gasoline used in planes owned by the United States Government; and for other purposes.
SR 69. By Senator Millican of the 52nd district:
A resolution that the rules of the Senate and House be edited, revised and re-indexed; and for other purposes.
By unanimous consent, the following bill of the Senatae was read for the third time, and placed upon its passage:
SB 229. By Senator Whitworth of the 30th district:
A bill to be entitled an act incorporating the Town of Hull, to provide for its government, etc.; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.

WEDNESDAY, MARCH 17, 1943

1307

The following bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
HB 623. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to he entitled an act to fix the compensation and salaries of certain officers of the municipal court of the City of Augusta, Georgia, for the years 1943 and 1944; and for other purposes.
The following Senate substitute was read:
A bill to be entitled an act to fix the salaries and compensation of certain officers and deputies of the municipal court of the City of Augusta, Georgia, for the years 1943 and 1944; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows, to wit:
Section 1. That for the years of 1943 and 1944 the salary of one deputy to the clerk of the municipal court of the City of Augusta shall he one hundred thirty-five ($135.00) dollars per month.
Section 2. That for the years 1943 and 1944 there shall be three deputies in the office of sheriff of the municipal court of the City of Augusta, Georgia, one whose salary shall he one hundred forty ($140.00) dollars per month and two whose salaries shall he one hundred thirty-five ($135.00) dollars per month each.
Section 3. The clerk of said court and the sheriff of said court shall have authority for said years to appoint such additional deputies as may meet with the approval of the judge of said court and such additional deputies shall receive ~tuch salaries and pay as may he fixed by the hoard of roads and revenues of Richmond county, Georgia.
Section 4. That all laws and parts of laws in conflict herewith he and the same are hereby repealed.
Mr. Harris of Richmond moved that the House adopt the Senate substitute to HB 623.
On the motion to adopt the Senate substitute to HB 623, the ayes were 103, the nays 0.
The motion prevailed and the Senate substitute to HB 623 was adopted.
HB 612. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to he entitled an act to fix the number of deputies and assistants to county officials in the County of Richmond, and to fix their salaries; and for other purposes.
The following Senate substitute was read:

1308

JOURNAL OF THE HOUSE,

A BILL

TO BE ENTITLED
An act to amend an act appearing in the Georgia Laws of 1935 on pages 353-361, inclusive, and approved on February 26th, 1935, entitled "an act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court or ex-officio clerk of other court or courts); the sheriff, the ordinary, the tax collector, the tax receiver, and the treasurer; to make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs; to provide for deputies, clerks and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants", etc., by striking therefrom section 1 in its entirety and rewriting section 1 so as to make the act apply to counties having a population of not less than 81,000 and not more than 83,000; to provide for the payment of salaries, and compensation of deputies, clerks and assistants in the offices of the clerk of the superior court, the sheriff, the tax collector and the tax receiver of such counties; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same as follows, to wit:
Section 1. That section 1 of the act appearing in the Georgia Laws of 1935 on pages 353-361, inclusive, and approved on February 26th, 1935, entitled "an act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court or ex-officio clerk of other court or courts); the sheriff, the ordinary, the tax collector, the tax receiver, and the treasurer; to make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs; to provide for deputies, clerks and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants"; etc., be amended by striking therefrom section 1 in its entirety and inserting in lieu thereof the following:
"Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the provisions of this act shall apply to all counties in the State of Georgia having, by the United States census of 1940, a population of not less than 81,000 inhabitants or more than 83,000 inhabitants, and to all counties in this state having, by any future census of the United States, a population of not less than 81,000 or more than 83,000 inhabitants, and on the publication of said census any county not now having said population of 81,000 but by said new census having said population of 83,000 such county shall immediately automatically pass under the terms of this act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the state to the tax collector and tax receiver, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under

WEDNESDAY, MARCH 17, 1943

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the fee system except for the fees to be paid by the state as will he hereinafter provided."
Section 2. That said act be further amended by adding a new section to read as follows:
"That instead of the sheriff's deputies and assistants being in the number provided in section 3 of said act and instead of their receiving the salaries and pay as provided in Section 3 of said act that for the years 1943 and 1944 the sheriff's deputies and assistants in all such counties shall consist of the following at the following salaries, payable monthly, to wit:
Chief Deputy Sherifi.........................................................$225.00 per month Deputy Sheriff ....................................................................$200.00 per month
Bookkeeper and Cashier....................................................$140.00 per month Stenographer and File Clerk:............................................$125.00 per month
5 Deputy Sheriffs ..................................................................$170.00 per month
6 Deputy Sheriffs ..................................................................$165.00 per month
Deputy, Jailor and Fingerprint Man............................$200.00 per month Chief Deputy Jailor and Jail Record Keeper................$150.00 per month
Deputy Jailor ....................................................................$140.00 per month
Deputy Jailor ....................................................................$140.00 per month
All of whom shall serve as provided in section 3 of said act." Section 3. That said act be further amended by adding a new section to read as follows:
"Th:it instead of as provided in section 5 of said act that for the years 1943 and 1944 the clerk of the superior court's deputies and assistants in all such counties shall be as follows and receive the following pay, to wit:
1 Chief Deputy Clerk:............................................................$175.00 per month
2 Deputies, each ....................................................................$150.00 per month
Minute Clerk and Part Bookk:eeper................................$135.00 per month Recording Clerk and Book:k:eeper....................................$130.00 per month
Filing Clerk and Book:keeper............................................$130.00 per month
2 Stenographers ......................................................................$125.00 per month
1 Collector ..............................................................................$ 70.00 per month
All of whom shall serve as provided in section 5 of said act."

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Section 4. Be it further enacted that said act be further amended by adding a new section to read as follows:
"That instead of the deputies and assistants provided for the tax collector in such counties in section 7 of said act that the tax collector's deputies and assistants in all such counties for the years 1943 and 1944 shall be as follows and receive the following pay, to wit:
Chief Deputy Collector......................................................$200.00 per month Bookkeeper and Ex-Officio Deputy Sheriff,
Deputy Clerk ..................................................................$200.00 per month Clerk and Deputy Ex-Officio Sheriff..............................$160.00 per month Clerk and Stenographer....................................................$125.00 per month Clerk and Stenographer....................................................$110.00 per month
All of whom shall serve as provided in section 7 of said act."
Section 5. That said act be further amended by adding a new section to read as follows:
"That instead of the tax receiver's deputies and assistants being in the number provided in section 8 of said act that for the years 1943 and 1944 the tax receiver's deputies and assistants in all such counties shall be as follows and receive the following salaries, to wit:
2 Clerks ..................................................................................$150.00 per month
All of whom shall serve as provided in section 8 of said act."
Section 6. That said act be further amended by adding new section to read as follows:
"That instead of the ordinary's deputies and assistants provided in section 6 of said act, that for the years 1943 and 1944 the ordinary's deputies and assistants in all such counties shall be as follows and receive the following salaries, to wit:
Clerk of Court of Ordinary..............................................$175.00 per month Deputy Clerk-Stenographer ..............................................$125.00 per month Clerk-Stenographer ............................................................$110.00 per month
All of whom shall serve as provided in section 6 of said act."
Section 7. That said act be further amended by adding a new section to read as follows:
"The board of commissioners of roads and revenues of any such counties shall have the right to authorize the employment of additional employees in any of the offices of the county officers in any such counties in case of emergency and to fix the compensation."

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Section 8. That this act shall be effective as of March 15, 1943, and the salaries herein provided shall be payable from such date.
Section 9. That all laws and parts of laws m conflict herewith are hereby repealed.
Mr. Harris of Richmond moved that the House adopt the Senate substitute to HB 612.
On the motion to adopt the Senate substitute to HB 612, the ayes were 105, the nays 0.
The motion prevailed and the Senate substitute to HB 612 was adopted.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 419. By Messrs. Hill and Price of Clarke:
A bill to be entitled an act to amend an act entitled homestead exemption from taxes so as to define the term homestead; and for other purposes.
The following Senate amendment was read:
The Senate Committee on Finance moves to amend HB 419 by adding a new section to be known as section 1-A and reading as follows:
Section 1 A-Section 8 of the homestead exemption from taxes law (Georgia Laws Extra Session 1937-1938, page 145) is hereby amended by adding thereto a new section to be known as section SA as follows: Whenever used in this act, the phrase "occupied primarily as a dwelling" shall mean:
(a) That the applicant and members of his family occupy the property solely as a home; or
(b) The applicant and his family occupy a portion, 50 per cent or more, as a dwelling and the remainder, 50 per cent or less, is occupied by a tenant as a dwelling; or
(c) Property used for commercial purposes or the conduct of a business shall not be classified for the purpose of this act as a homestead unless the business conducted or the commercial enterprise carried on is of such nature that same is customarily conducted at a place of residence. In no event shall property be exempt from taxation hereunder when a commercial enterprise requiring the services of employees is carried on on said property or where the nature of the business and the enterprise requires physical changes in the property to render same suitable for such business or enterprise.
(d) Apartment houses shall not be exempt from taxation hereunder even though one or more apartments are occupied by the owner as a dwelling.
(a) For the purpose of this act, an apartment house is defined to be a building

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designed or altered for occupancy as residence by three or mor~ separate families or units.
(f) Division of property so as to render a portion eligible for exemption and a portion ineligible for exemption will be allowed when the division follows a bona fide plan in which both land and the improvements are capable of division.
(g) The physical structure of any improvement shall not prevent the applicant from being eligible for a homestead exemption when the use of said property as a dwelling by the applicant and members of his family actually extends to the whole of the improvement.
Mr. Price of Clarke moved that the House adopt the Senate amendment to HB 419.
On the motion to adopt the Senate amendment to HB 419, the ayes were 104, the nays 0.
The motion prevailed and the Senate amendment to HB 419 was adopted.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of busim;ss, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. SB 202. Relative to directors examinations.
2. SB 19. Registration by owners of explosive.
3. SR 37. Constitutional amendment relative to legislative members holding office.
4. SR 50. State administration cooperate with council of state government.
5. SR 51. Memorializing Congress-food problems.
6. SB 81. Relating to the filing of records of mortgage.
7. SB 84. Provide for intermediate in accounting by fidicuaries.
8. SB 91. Relative to husband and wife testifying against each other in criminal proceedings.
9. SB 96. Relating to time and place of primary elections.
10. SB 107. Relative to salaries of bank examiners.
11. SB 116. Reorganizing state highway board.
12. SB 134. Relating to vocational education.

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13. SB 142. Common trust funds.
14. SB 145. Creating a state-wide general election.
15. SB 147. Filing of annual returns by fidicuaries.
16. SB 164. Recount in primary elections.
17. SB 169. Relating to fraternal benefits societies.
18. SB 170. Transferring duty of state entomologist to the director of entomology.
19. SB 171. Relating to credit umons.
20. SB 173. Relating to board of regents. 21. SB 180. Constitutional amendment-public service commission. 22. SB 185. Providing for tax return for pipe lines to state revenue com-
missioner. 23. SB 189. Relative to limited partnership. 24. SB 213. Changing date of filing reports by gasoline distributors. 25. SB 34. New Senatorial district. 26. SB 39. Relating to foreclosure of mortgages. 27. SB 174. Relating to gasoline. 28. SB 198. Transfer of insane prisoners. 29. SB 62. Granting R. F. Burch authority to sue the state. The Speaker is authorized to call these bills in the order he sees fit, and to add to the calendar any general bills with local application.
Respectfully submitted, Durden of Dougherty, Vice-Chairman.

Under order of business established by the Committee on Rules the following bills and resolutions of the House and Senate were taken up for consideration, read the third time and placed upon their passage:
SB 169. By Senator Gross of the 31st district:
A bill to be entitled an act to amend, revise and modify the laws of this state governing fraternal benefit societies; and for other purposes.
The following amendment was read and adopted:

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Harris of Richmond moves to amend SB 169 by adding thereto a new section to be known as section 39 (a) and to read as follows :

"Section 39 (a). Be it further enacted by the authority aforesaid that this bill shall not supersede nor repeal any law relating to industrial insurance nor shall said act he construed to authorize any society referred to in said bill to engage in the business of industrial life and health insurance as now defined by the laws of this state."

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

On the passage of the bill, as amended, the ayes were 109, the nays 0.

The bill having received the requisite constitutional majority was passed, as amended.
SB 116. By Senators Lester of the 18th, Atkinson of the 1st, Simmons of the 8th, Bloodworth of the 23rd, Bloodworth of the 22nd, Raynor of the 4th, Forester of the 44th, Clements of the 9th, Foster of the 40th, and Kaigler of the 12th districts:

A bill to be entitled an act to create a state highway commissiOn of ten members and to abolish the state highway board; and for other purposes.

The following amendments were read and adopted:

Messrs. Roughton of Washington, Bynum of Rabun, Hatchett and Thompson of Meriwether, move to amend SB 116 by adding at the end of section 3 the following:

"The Governor shall fix the salary of both the state highway director and the
treasurer. The salary of the director shall not exceed seven thousand ($7,000.00) dollars per annum, and the salary of the treasurer shall not exceed f~rty-eight hun-
dred ($4,800.00) dollars per annum."

The Committee on Public Highways No. 1 moves to amend SB 116, as follows:

By striking therefrom section 5 in its entirety and inserting in lieu thereof a new

section 5 to read as follows:



"The state highway director is hereby authorized and empowered to place on the state highway system any state-aid roads as he deems necessary to the best interests of the state, when approved by a majority of the commission herein created, and to take off of the state highway system all roads heretofore certified as state-aid roads, when approved by a majority of the commission herein created, which do not exist or which, if in existence, are not now being used by the traveling public, and such roads as have been included in United States Government reservations and closed to travel of the public, and by first giving written notice to the county road authorities concerned thirty days prior to such action."

WEDNESDAY, MARCH 17, 1943

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Mr. Harris of Richmond moves to amend SB 116 by striking section 7 in its entirety and inserting a new section to read as follows:
"Section 7. There is hereby created a commission to be known as the state highway commission which shall consist of twelve members to be appointed by the Governor with the approval of the Senate, who shall serve for a term of four years, the same tQ be concurrent with that of the Governor. Each Congressional district of the state shall be represented by a member residing in said district and there shall be two members from the state at large. The Governor shall designate one member of such commission as chairman, one member as vice-chairman, and another member as secretary, but such officials shall receive no additional compensation for their services. Each member of the commission shall receive as compensation seven dollars per diem while engaged upon attendance at meetings of the commission, and shall be entitled to actual expenses while so engaged."
Messrs. Roughton of Washington, Bynum of Rabun, and Hatchett and Thompson of Meriwether move to amend section 8 of SB 116 by inserting after the words "the commission shall not remain in" and before the word "session" the word "reguliu".
Mr. Dorsey of Cobb moves to amend section 9 of SB 116 by striking the word "request" in line 9 thereof and substituting therefor the word "require".
Mr. DuPree of Pulaski moves to amend SB 116 by adding a sentence at the end of section 12 to read as follows:
"Nothing in this bill shall prevent suit against the state highway department or preclude liability against the same as a result of an accident at or on a bridge in this state."
Messrs. Roughton of Washington, Bynum of Rabun, Hatchett and Thompson of Meriwether move to amend SB 116 by striking all of section 13 and substituting in lieu thereof a new section to be known as section 13 and shall read as follows:
"Section 13. All suits brought either by or against the state highway department shall be brought in the name of 'state highway department of Georgia'. All suits brought ex-contrato by or against state highway department of Georgia shall be brought in the county where the contract is to be or has been performed. All suits brought ex-delicto shall be brought in the county in which the cause of action arose. Service upon said department shall be sufficient by serving a second original process issued from the county where the suit is filed upon the highway director, either personally or by leaving a copy of same in the state highway building No. 2 Capitol Square, Atlanta, Georgia."
Mr. Hefner of Pickens moves to amend SB 116, section 14, by striking the words "merchandise, materials or supplies", wherever they appear in said section, and inserting in lieu thereof the words "real or personal property", so that when amended said section shall read:
Section 14. It shall he unlawful for any member of the state highway commis-

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sion, or any officer or employee of the state highway department to contract to buy from or sell to the state highway department any real or personal property of any kind, when such purchase or sale would benefit or be likely to benefit such member, officer or employee, or any firm or corporation in which he is or may be interested as a stockholder, partner, sharer, or beneficiary. Any person or persons violating the provisions of this section shall be guilty of a misdemeanor.

Mr. Johnson of Pike moves to amend SB 116 by adding another paragraph properly numbered to read as follows:

"It shall be the duty of the highway commission to equalize highway funds and distribute road building, road repairing according to their needs, and political prestige or pressure shall not be the guiding rule."

k

Mr. Bynum of Rabun moves to amend SB 116, as amended, by adding another

section preceding the repealing clause to be appropriately numbered, to read as

follows:

"That after the passage of this act, the highway department, or commission, or director, shall not have authority to enter into any legal contract for the construction of any highway, or part thereof, during any period of three months next preceding the end of the term of office of any Governor of this state. That all contracts which may be entered _into by the highway department, director, or commissioner, on which no actual work has been done at the end of the term of office of any Governor shall be null and void.

Mr. Hatchett of Meriwether moved the previous question, the motion prevailed and the main question was ordered.

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

On the passage of the bill, as amended, the ayes were 139, the nays 16.

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

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

The Senate has passed by substitute the requisite constitutional majority the following bill of the House, to wit:
HB 215. By Mr. Hatchett of Meriwether:

A bill to amend section 32-1014 of the Code of Georgia of 1933 relating to the annual report of county superintendents of schools to the grand jury, at the spring term of the court; and for other purposes.

WEDNESDAY, MARCH 17, 1943

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The following bills of the House were taken up for the purpose of considering the Senate substitutes and amendments thereto:
HB 163. By Messrs. Thigpen of Glascock, Fortson of Wilkes and Clark of Catoosa:
A bill to be entitled an act to amend section 34-406 of the Code of Georgia of 1933 pertaining to registered voters list; and for other purposes.
The following amendment was read:
Committee on Privileges and Elections move to amend HB 163 as follows:
l. By striking from the section 2 the following words: "or upon the presentation by said voter of his original poll tax receipt to the election managers of the district in which he resides, showing that his poll tax for the preceding year was paid at least six months before the next general election" and inserting in lieu thereof the following: "or upon presentation by said voter of a certificate signed by a majority of the county registrars stating that the voter's name was omitted from the certified list of voters by inadvertance or mistake, and that said voter is in fact qualified and entitled to vote in said primary election".
2. By adding a section to be known as section 2A as follows: "The board of registrars of each county shall meet at the court house during voting hours of each primary and general election day for the purpose of considering the qualification of voters whose names may have been omitted by inadvertance or mistake from the certified list of voters and
3. By adding to caption after words "clerks of the superior court" the words "board of county registrars".
Mr. Sharpe of Toombs moved that the House adopt the Senate amendment to HB 163.
On the motion to adopt the Senate amendment to HB 163, the ayes were 125, the nays 0.
The motion prevailed and the senate amendment to HB 163 was adopted.
HB 552. By Messrs. McCracken of Jefferson, Durden of Dougherty and Gowen of Glynn:
A bill to be entitled an act to abolish the state examining boards included in title 84 of the Georgia Code and those created by the acts of 1937, '39, and '41, and to create in lieu thereof state examining commissions; and for other purposes.
The following Senate substitute was read:

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A BILL
To be entitled an act to abolish the present state examining boards included in title 84 of the Georgia Code of 1933 and those created by the acts of 1937 (Ga. Laws 1937, pp. 208, 209, 245, 246, 294, 295, 296, 564) the acts of 1939 (Ga. Laws 1939, p. 226) The acts of 1941, (Ga. Laws 1941, p. 342), and to create in lieu thereof new state examining boards and commissions, to provide for the appointment, qualifications, terms of office, tenure, powers, duties, perquisites, authorities, etc., of the new state examining boards and commissions and the membership thereof; to repeal all conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The following present state examining boards included in title 84 of the Georgia Code of 1933 and those created by the acts of 1937 (Ga. Laws 1937, pp. 208, 209, 245, 246, 294, 295, 296, 564) The Acts of 1939 (Ga. Laws 1939, p. 226) The Acts of 1941, (Ga. Laws 1941, p. 342), are hereby abolished:
1. State board of examiners of public accountants.
2. Georgia state board for the examination and registration of architects.
3. State board of barber and hairdresser examiners.
4. Georgia board of chiropractic examiners.
5. State board of chiropody examiners.
6. Board of dental examiners of Georgia.
7. State board of medical examiners.
8. Board of examiners of nurses for Georgia.
9. Georgia state board of examiners in optometry.
10. State board of osteopathic examiners of Georgia.
11. Georgia state board of pharmacy.
12. Georgia real estate commission.
13. Stationary engineers and firemen.
14. Georgia state board of veterinary examiners.
15. State board of registration for professional engineers and surveyors.
16. State board for the certification of librarians.
Section 2. The following new state examining boards and commissions are hereby created:
1. State board of examiners of public accountants.

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2. Georgia state board for the examination and registration of architects.
3. State board of barber and hairdresser examiners.
4. Georgia board of chiropractic examiners.
5. State board of chiropody examiners.
6. Board of dental examiners of Georgia.
7. State board of medical examiners.
8. Board of examiners of nurses for Georgia.
9. Georgia state board of examiners in optometry.
10. State board of osteopathic examiners of Georgia.
11. Georgia state board of pharmacy.
12. Georgia real estate commission.
13. Stationary engineers and firemen.
14. Georgia state board of veterinary exammers.
15. State board of registration for professional engineers and surveyors.
16. State board for the certification of librarians.
Section 3. The new state examining boards and commissions, hereby created, shall be comprised of the number of members as now provided by law for the present examining boards. The new examining boards and commissions provided for by this act shall have the powers and duties now provided by law for the present examining boards, and such as may be hereafter provided and shall be subject to all provisions of law with respect to the said present state examining boards and commissions not inconsistent with this act.
Section 4. The members of the respective new state examining boards and commissions created by this act shall be appointed by the Governor with the approval of the secretary of state and shall be confirmed by the Senate. The terms of such members of said examining boards and commissions created by this act shall be for the unexpired terms and full terms as provided by law relative to the present examining boards and commissions and the respective boards which are abolished by this act.
Section 5. The qualifications, tenures, rights, duties, authorities, purposes, perquisites, and prerogatives of the new state examining boards and commissions, the particular new state examining boards and commissions, and the members of said boards and commissions shall be those now provided by law for the present state examining boards. The respective new state examining boards and commissions, and the members thereof shall exercise the rights, duties and authorities in as full and complete a manner as they were exercised by the members of the present state

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examining boards hereby abolished. The qualifications for members of the new state examining boards and commissions shall be those now required for members of the present state examining boards which are hereby abolished.
Section 5-A. The provisions of this act shall not apply to any boards or commissions appointed by municipal or county authorities.
Section 6. Where members to be appointed to the various present examining boards are recommended to the Governor from named groups in the present la'" the same system and procedure shall govern the appointment of members to the new state examining boards and commissions hereby created.
Section 7. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
Mr. McCracken of Jefferson moved that the House adopt the Senate substitute to HB 552.
On the motion to adopt the Senate substitute to HB 552, the ayes were 115, the nays 1.
The motion prevailed and the Senate substitute to HB 552 was adopted.
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Etheridge of Fulton, McNall of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Grayson of Chatham, Hand of Mitchell, Key of Jasper, Gowen of Glynn, Hurst of Coweta, Goldberg of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Rossee of Putnam, Gillis of Treutlen, Crummey of Wilcox, Heard of Elbert, and Smith of Dougherty:
A bill to be entitled an act to create and establish a board to be known as agricultural and industrial board of Georgia; and for other purposes.
The following Senate amendment to HB 16 was read:
The Committee of the Senate on State of Republic moves to amend HB 16 by striking section 1 in its entirety and substituting a new section to be known as section 1 to read as follows:
"Section 1. A board known as the agricultural and industrial development board of Georgia is hereby created. The board shall consist of 21 members. The members shall be: the chairman of the board of regents of the University System of Georgia or a member of the board of regents designated by the chairman, the state superintendent of schools, the commissioner of agriculture, the director of public health, the head of the department of conservation, the chairman ex-officio and 15 citizens from the state at large appointed by the Governor. In making said appointments the Governor shall select citizens who are fairly representative of the fields of finance, industry, business, agriculture and labor. One of the members appointe,J by the Governor shall he chairman of the board. The Governor shall fill vacancies for unexpired terms by appointment.

WEDNESDAY, MARCH 17, 1943

1321

Mr. Harris of Richmond moved that the House insist on its disagreement to the Senate amendment to HB 16 and that a Committee of Conference be appointed to confer with a like committee of the Senate and the motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members of the House, to wit:
Messrs. McCracken of Jefferson, Phillips of Columbia, and Thurmond of Hall.
HB 215. By Mr. Hatchett of Meriwether:
A bill to be entitled an act to amend section 32-1014 of the Code of Georgia of 1933 relating to the annual report of county superintendents of schools to the grand jury, at the spring term of the court; and for other purposes.
The following Senate substitute for HB 215 was read:
A bill to be entitled an act to amend section 32-1014 of the Code of Georgia of 1933 relating to the annual report of county superintendents of schools to the grand jury at the spring term of the court, and to amend chapter 32-9 "County Boards of Education" by adding a new section to said chapter, to be appropriately numbered, such section to provide that no member of any county board of education shall be .eligible to sell to any county board of education any supplies used, consumed or necessary in the operation of any public schools ; to provide penalties for violation of this act; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
Section l. That section 32-1014 of the Code of Georgia of 1933, relating to the annual report of county superintendents to the grand jury, be, and the same is, hereby amended by inserting the word "fiscal" immediately before the word "year" and by striking therefrom the word "spring" immediately before the word "term", and inserting the word "fall" immediately before the word "term" so that said section 32-1014 of the Code of Georgia of 1933, when so amended, shall read as follows:
"It shall be the duty of the county superintendent of schools to make a report of the school operations of the preseding fiscal year to the grand jury, at the fall term of the court, and to place his books before them for examination; and in making up the general presentations it shall be the duty of the jury to take proper notice of the matters thus brought to their attention."
Section 2. That chapter 32-9 "County Boards of Education" of the official Code of 1933 be amended by adding a new section to said chapter, to be appropriately numbered, and which section shall read as follows:
"No member of any county board of education in this state shall sell to any county board of education any supplies or equipment used, consumed or necessary in the operation of any public school in this state."

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Section 3. Any member of any county board of education violating the provisions of the above section shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor.
Section 4. Should any provision of this act be declared unconstitutional, it is hereby declared to be the intent of the General Assembly that the part of this act not declared unconstitutional would have been enacted without the unconstitutional provision.
Section 5. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
Mr. Hatchett of Meriwether moved that the House adopt the Senate substitute to HB 215.
On the motion to adopt the Senate substitute to HB 215, !he ayes were 110, the nays 1.
The motion prevailed and the Senate substitute to HB 215 was adopted. HB 149. By Mr. Thigpen of Glascock:
A bill to be entitled an act to create and establish an election canvassing board for the State of Georgia; and for other purposes.
The following Senate amendment to HB 149 was read:
Senator Preston of the 27th district moves to amend HB 149 by adding the following words, to wit:
"This bill is to become effective 30 days after the general election to be held in August, 1943.
Mr. Key of Jasper moved that the House adopt the Senate amendment to HB 149.
On the motion to adopt the Senate amendment to HB 149, the ayes were 110, the nays 0.
The motion prevailed and the Senate amend;nent to HB 149 was adopted.
HB 165. By Messrs. Bates of Ware and Gholston of Madison: A bill to be entitled an act to encourage physicians to practice medicine in small towns and rural districts; and for other purposes.
The following amendment to HB 165 was read:
Senator Lester moves to amend HB 165 by striking from the caption of said bill the following: "to make an appropriation to the regents for this purpose by amendnig the regular budget bill for the fiscal year ending June 30, 1944"; and substituting in lieu thereof the following: "And authorizing the budget authorities of the State of Georgia to make an allocation from the state emergency fund to the regents for said scholarships."

WEDNESDAY, MARCH 17, 1943

1323

By striking from said bill section 3 in its entirety and substituting in lieu thereof the following: Section 3. The budget authorities of the State of Georgia are hereby authorized to make an allocation to the regents of the university system of Georgia from the state emergency fund to finance these scholarships if during the present war emergency the financial condition of the state warrants this allocation."
Mr. Bates of Ware moved that the House adopt the Senate amendment to HB 165.
On the motion to adopt the Senate amendment to HB 165, the ayes were 109, the nays 0.
The motion prevailed and the Senate amendment to HB 165 was adopted.
The following report was submitted by the Committee on Sanitarium at Alto:
Mr. Speaker:
Your committee which recently visited the State Tuberculosis Sanitarium at Alto respectfully submit to you this, the following report:
The State Tuberculosis Sanitarium is a very important cog in the tuberculosis control program of the State Department of Public Health. It has a bed capacity of approximately 600.
In 1942 it treated 1,332 patients.
759 were admitted during the year.
562 were remaining January 1, 1943.
Total patient days in 1942 were 216,323.
Cost per patient per diem, $1.90.
20,608 x-ray examinations were made.
25,919 surgical operative procedures were performed.
13,595 laboratory examinations were made.
Patients are admitted principally on a basis of selection according to treatment needs and secondarily on a basis of economic and public health problem needs. Such selection is necessary, because there are more than 5,000 known cases in the state and an average of 2,900 new cases are reported each year. Actually not more than a tenth of the patients in the state can be housed in Alto.
Determination of who is to be admitted for treatment is through study by the Sanatorium staff of x-ray pictures and clinical histories, which are required of each applicant.
Those who cannot be admitted must be cared for at home. These are the cases which require only an opportunity to stay in bed and have an adequate diet. The particular effort of the State Department of Public Health to have these cases looked

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after by the local county and city health departments is of the greatest value in filling the gap caused by our comparatively few beds. They secure medical.attention; relief of many kinds through the local welfare departments and other agencies, furnish nursing supervision and put into effect as best they can measures to prevent further spread of disease from these patients.
SANATORIUM OPERATION DIFFICULTIES
Alto is operating under great diffculties. The present appropriation is inadequate for full capacity operation. It has not been enough for proper plant maintenance and a great amount of repair work is now immediately necessary as a consequence.
The stock of supplies purchased on a cheaper market has dwindled and must be replaced in a market 50% higher. Wages and salaries have universally increased and help of all kinds can no longer be secured at the old pay scale. To operate at
present capacity of 550 to 600 patients, the appropriation should be increased no
less than 25% immediately and provide for an additional 25% increase should it be found necessary.
The alternative is to close up probably 50% of the sanatorium. As only about 10% of the known cases of tuberculosis can be housed in the sanatorium at any one time, which indicates a great need for every bed now in operation, reducing the service would be a great catastrophe.
HOUSING PROBLEMS
Housing for nurses and other employees, including doctors, is deplorable. Nurses, maids and others are living in crowded quarters in which they can have no privacy.
When the new building was planned it was also planned to build a nurses home
to accommodate 50 persons and 6 homes for doctors and others, as well as to pro-
vide suitable quarters for Negro employees. The lack of comfortable living quarters for employees makes it difficult, even impossible, to obtain and keep desirable personnel when they have to live under such conditions. This should not be permitted to exist any longer than it would take to build properly and remedy the situation.
$100,000.00 or $200,000.00 spent on necessary housing, remodeling and in necessary repairs is a small amount when the necessity for expenditure and the value to be derived are taken into account. The matter of these needs should be gone into very carefully and fully and special appropriations for providing for what is needed should be made available. Much of the repair that is necessary is on the Sanatorium and is required to make the patients more comfortable.
OTHER TUBERCULOSIS CONTROL ACTIVITIES
In addition to promoting care of patients not in the Sanatorium, the State Health Department provides other tuberculosis control services:
It maintains two x-ray field units for tuberculosis case-finding and case follow-up.

WEDNESDAY, MARCH 17, 1943

1325

It made over 25,000 x-ray pictures in 1942. (It is now making 8,000 to 10,000 pictures per month. Most of these are with the new miniature 35 mm. x-ray film which enables us to make case-finding survey pictures at low cost. Suspicious cases are followed up with large x-ray pictures.)
The State Health DepartmeAt makes it possible for more than 600 patients to get artificial pneumothorax treatment outside the Sanatorium by paying fees that these patients cannot pay. 59 physicians scattered over the state are participating in this program. The cost to the State Health Department last year was about $16,000.00-less than $30.00 per year per patient treated.
The State Health Department through the Division of Tuberculosis Control provides a very extensive consultative service to the practicing physicians in the state.
It distributes to patients and local health departments a large amount of literature about tuberculosis.
It helps to co-ordinate the anti-tuberculosis activities of all agencies so that their efforts can be made most effective.
We respectfully recommend another branch of the institution be located at or near the center of the state and near some medical center.
Respectfully submitted,
Sumner of Worth, Chairman.

The following resolutions of the House were read and adopted:
HR 169. By Mr. Looper of Dawson:
A resolution that the original chenille machine invented by Mr. Glenn Looper of Dalton, Georgia, be placed in the state museum at the state capitol; and for other purposes.
HR 170. By Mr. Fisher of Jeff Davis:
A resolution to request the Governor and commiSSIOner of agriculture to promulgate plans and as soon as possible put into operation a state farmers market in Hazelhurst, Jeff Davis county, Georgia; and for other purposes.
HR 171. By Mr. Swint of Spalding:
A resolution to name one of the destroyers to be built from the funds of the recent bond campaign "Kell" in honor of Captain Mcintosh Kell; and for other purposes.
Mr. Welsch of Cobb arose to a point of personal privilege and addressed the House.

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JOURNAL OF THE HOUSE,

Under the order of business established the following bills and resolutions of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 19. By Senators Foster of the 40th, Ennis of the 20th, Harrison of the 17th, Pope of the 7th, Terrell of the 19th, Forester of the 44th, and Ingram of the 51st districts:
A llill to be entitled an act to amend section 88-801 of the Code relating to the registration of owners of explosives and their obtaining a license; and for other purposes.
Mr. Cannon of Rockdale moved that S B 19 be tabled and the motion prevailed.
Mr. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.
2:00P.M.
The Speaker called the House to order.
Under the order of business established by the Committee on Rules the following bills and resolutions of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 81. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend an act found in Georgia Laws pages 760-61 the effect of filing for record mortgages, bills of sale, contracts, etc., to provide for the renewal of such notice; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 171. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend title 25, chapter 25-l of the Code of 1933 to provide credit unions shall pay the state banking department the same fees for examinations as banks; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were Ill, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 189. By Senators Arnall of the 36th and Arnold of the 26th districts:
A bill to be entitled an act to amend section 75-412 of the 1933 Code by

WEDNESDAY, MARCH 17, 1943

1327

providing for the use of the word "company", or other general terms to denote special partners; for the use of trade names; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 84. By Senator Arnold of the 26th district:
A hill to be entitled an act to provide for the immediate reports of fiduciaries; to change the time of filing annual returns; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, \'1-as agreed to.
On the passage of the bill, the ayes were 109, the nays 0.
The bill .having received the requisite constitutional majority was passed.
SB 202. By Senator Arnold of the 26th district:
A bill to be entitled an act to amend the banking laws so as to provide that the bank examiners shall interview the directors or committee of directors; and for other purposes.
The following amendment was read and adopted:
Mr. Sparks of Towns moves to amend SB 202 by striking from paragraph 4 the words "The superintendent is authorized to take charge of said bank."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 109, the nays 0. The bill having received the requisite constitutional majority was passed, as amended. SB 107. By Senators Estes of the 35th and Arnold of the 26th districts:
A bill to be entitled an act to raise the salaries of the examiners and clerks of the state banking department; and for other purposes. 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 112, the nays 2. The bill having received the requisite constitutional majority was passed.

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SB 173. By Senator Brock of the 37th district:
A bill to be entitled an act to authorize the .board of regents of the University System of Georgia to provide annuity for the retirement of employees of the University System of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 34. By Senator Kennon of the 6th district:
An Act proposing to the qualified voters of Georgia an amendment to Article 111, Section 11, Paragraph 1, of the Constitution of Georgia, by increasing the number of Senators to fifty-:,three and the number of Senatorial Districts to fifty-three. and by amending Article 111, Section 11, Paragraph 1 of the Constitution of Georgia, by adding a new Senatorial District, to be known as the Fifty-third Senatorial District, which shall be composed of the Counties of Lowndes and Echols, and reducing the number of counties in the Sixth Senatorial District, so that is shall be composed of the Counties of Berrien, Cook and Lanier; and providing for the method of ratification by the qualified voters of Georgia at the next general election; and for other purposes.
RESOLVED by the General Assembly of Georgia:
Section 1. That Article 111, Section 11, Paragraph 1 of the Constitution of Georgia be and the same is hereby amended by striking from the second line thereof tke words "fifty-two" and inserting in lieu thereof the words "fifty-three". and by striking from the third line thereof the words "fifty-two" and inserting in lieu thereof the words "fifty-three", so that said Paragraph 1 of Section 11 of Article 111 of the Constitution of Georgia, as amended, shall read as follows:
"Paragraph 1. Number of Senators and Senatorial Districts.
The Senate shall consist of fifty-three members. There shall be fifty-three Senatorial Districts as now arranged by counties. Each district shall have one Senator."
Section 2. That Article 111, Section 11, Paragraph 11 of the Constitution of Georgia be, and the same is hereby amended by striking from sub-paragraph 6 thereof the words "Echols, Lowndes" and by adding at the end of said paragraph a new sub-section, to be numbered "53", and to read as follows:
"53. The Fifty-third Senatorial District shall be composed of the Counties of Lowndes and Echols",
So that said Paragraph 11 of Section 11 of Article 111 of the Constitution of Georgia, as amended, shall read as follows:

WEDNESDAY, MARCH 17, 1943

1329

"Paragraph 2. Senatorial Districts Enumerated.
1. The First Senatorial District shall be composed of the Counties of Chatham, Bryan and Effingham.
2. The Second Senatorial District shall be composed of the Counties of Liberty, Tattnall, Mcintosh and Long.
3. The Third Senatorial District shall be composed of the Counties of Wayne, Appling, J e:ff Davis and Brantley.
4. The Fourth Senatorial District shall be composed of the Counties of Glynn, Camden and Charlton.
5. The Fifth Senatorial District shall be composed of the Counties of Ware, Clinch and Atkinson.
6. The Sixth Senatorial District shall be composed of the Counties of Berrien, Cook and Lanier.
7. The Seventh Senatorial District shall be composed of the Counties of Brooks, Thomas and Grady.
8. The Eighth Senatorial District shall be composed of the Counties of Decatur, Mitchell, Miller and Seminole.
9. The Ninth Senatorial District shall be composed of the Counties of Early, Calhoun and Baker.
10. The Tenth Senatorial District shall be composed of the Counties of Dougherty, Lee and Worth.
11. The Eleventh Senatorial District shall be composed of the Counties of Clay, Randolph and Terrell.
12. The Twelfth Senatorial District shall be composed of the Counties of Stewart, Webster and Quitman.
13. The Thirteenth Senatorial District shall be composed of the Counties of Sumter, Schley and Macon.
14. The' Fourteenth Senatorial District shall be composed of the Counties of Dooly, Pulaski and Bleckley.
15. The Fifteenth Senatorial District shall be composed of the Counties of Wheeler, Montgomery and Toombs.
16. The Sixteenth Senatorial District shall be composed of the Counties of Laurens, Emanuel, Johnson and Treutlen.
17. The Seventeenth Senatorial District shall be composed of the Counties of Screven, Burke and Jenkins.

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18. The Eighteenth Senatorial District shall be composed of the Counties of Richmond, Glascock and Jefferson.
19. The Nineteenth Senatorial District shall be composed of the Counties of Taliaferro, Greene and Warren.
20. The Twentieth Senatorial District shall be composed of the Counties of Baldwin, Hancock and Washington.
21. The Twenty-first Senatorial District shall be composed of the Counties of Twiggs, Wilkinson and Jones.
22. The Twenty-second Senatorial District shall he composed of the Counties of Bibb, Monroe, Pike and Lamar.
23. The Twenty-third Senatorial District shall be composed of the Counties of Houston, Crawford, Taylor and Peach.
24. The Twenty-fourth Senatorial District shall be composed of the Counties of Muscogee, Marion and Chattahoochee.
25. The Twenty-fifth Senatorial District shall be composed of the Counties of Harris, Upson and Talbot.
26. The Twenty-sixth Senatorial District shall be composed of the Counties of Spalding, Butts and Fayette.
27. The Twenty-seventh Senatorial District shall be composed of the Counties of Barrow, Walton and Oconee.
28. The Twenty-eighth Senatorial District shall be composed of the Counties of Jasper, Putnam and Morgan.
29. The Twenty-ninth Senatorial District shall be composed of the Counties of Columbia, Lincoln and McDuffie.
30. The Thirtieth Senatorial District shall he composed of the Counties of Elbert, Madison and Hart.
31. The Thirty-first Senatorial District shall be composed of the Counties of Franklin, Habersham and Stephens.
32. The Thirty-second Senatorial District shall be composed of the Counties of White, Dawson and Lumpkin.
33. The Thirty-third Senatorial District shall be composed of the Counties of Hall, Banks and Jackson.
34. The Thirty-fourth Senatorial District shall be composed of the Counties of DeKalb, Rockdale and Newton.
35. The Thirty-fifth Senatorial District shall be composed of the Counties of Clayton and Henry.

WEDNESDAY, MARCH 17, 1943

1331

36. The Thirty-sixth Senatorial District shall be composed of the Counties of Coweta and Meriwether.
37. The Thirty-seventh Senatorial District shall be composed of the Counties of Carroll, Heard and Troup.
38. The Thirty-eighth Senatorial District shall be composed of the Counties of Haralson, Polk and Paulding.
39. The Thirty-ninth Senatorial District shall be composed of the Counties of Cherokee, Cobb and Douglas.
40. The Fortieth Senatorial District shall be composed of the Counties of Union, Towns and Rabun.
41. The Forty-first Senatorial District shall be composed of the Counties of Pickens, Fannin and Gilmer.
42. The Forty-second Senatorial District shall be composed of the Counties of Bartow, Floyd and Chattooga.
43. The Forty-third Senatorial District shall be composed of the Counties of Murray, Gordon and Whitfield.
44. The Forty-fourth Senatorial District shall be composed of the Counties of Walker, Dade and Catoosa.
45. The Forty-fifth Senatorial District shall be composed of the Counties of Irwin, Ben Hill and Telfair.
46. The Forty-sixth Senatorial District shall be composed of the Counties of Bacon, Pierce and Coffee.
47. The Forty-seventh Senatorial District shall be composed of the Counties of Colquitt, Tift and Turner.
48. The Forty-eighth Senatorial District shall be composed of the Counties of Crisp, Wilcox and Dodge.
49. The Forty-ninth Senatorial District shall be composed of the Counties of Bulloch, Candler and Evans.
50. The Fiftieth Senatorial District shall be composed of the Counties of Clarke, Oglethorpe and Wilkes.
51. The Fifty-first Senatorial District shall be composed of the Counties of Gwinnett and Forsyth.
52. The Fifty-second Senatorial District shall be composed of the County of Fulton.
53. The Fifty-third Senatorial District shall be composed of the Counties of Lowndes and Echols.

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Section 3. This amendment shall be published in at least one newspaper t to be chosen by the Governor) in each Congressional District, for two months previous to the time of holding the next general election, and shall be submitted to the qualified voters of Georgia, for ratification or rejection at the next general election. Those desiring to vote in favor of the ratification of said amendment shall have written or printed on their ballots the words "For ratification of amendment to Article 111, Section 11, Paragraphs 1 and 11, of the Constitution of Georgia, creating a new Senatorial District, to be known as the 53rd Senatorial District, and composed of the Counties of Lowndes and Echols", and those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Article Ill, Section 11, Paragraphs I and 11, of the Constitution of Georgia, creating a new Senatorial District to be known as the 53rd Senatorial District, composed of the Counties of Lowndes and Echols". If, at the next general election, a majority of those voting shall vote in favor of the ratification of this amendment, upon consolidation and ascertainment of the result as provided by law, the same shall become a part of Article 111, Section 11, Paragraphs 1 and 11 of the Constitution of Georgia, and the Governor shall make proclamation thereof as provided by law.

Mr. Hooks of Emanuel moved that SB 34 be tabled and the motion prevailed.

SB 142. By Senators Millican of the 52nd and Arnold of the 26th districts:

A bill to be entitled an act to authorize common trust funds; to authorize the investment and participation therein; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On t~e passage of the bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Alexander Alwood Anderson Baker Barfield Bargeron Bennett Bentley Boone Bowen Boynton Branch Brewton Bridges Broome Brunson

Burnside Campbell of Polk Cates Chance Cheshire Clark Connell Copland Cowart Crummey Culpepper Curry Dallis Daves Dorsett Dorsey

Drake Dukes Dunn Durden Dyal Easler Elliott Ennis Etheridge Ferguson Foster Gaskins Gaston Gavin Gholston Giddens

WEDNESDAY, MARCH 17, 1943

1333

Graham. Gray Greene of Jones Guerry Guyton Hagan Harden Hardy Hart of Quitman Hatchett Herndon Hill of Clarke Hill of Troup Hooks Horne Howard Hubert Jennings of Terrell Joiner Johns Johnson of Pike Johnston Kelly of Thomas Kelly of Walker Kendrick Key

Littlejohn Looper Malone Mankin Martin Mason Mavity McCamy McCracken McEntire Mills Minchew Mitchell Mixon Moate Nicholson of Oconee Nicholson of Richmond Odom Oliver Overby Park Parker Pettit Phillips Pirkle Pruitt

Those voting in the negative were:

Edwards

Those not voting were :

Adams Allison Bates Battles Burton Bynum Caldwell Campbell of Newton Cannon Dalton Deal DuPree Fisher Fortson Fussell

Gardner Gilbert Gillis Goldberg Gowen Grayson Greene of Schley Hand Hart of Thomas Hartness Heard Hefner Hicks Hightower Hogg

Ray Reynolds Russell Salter Smiley Smith of Carroll Smith of Oglethorpe Smith of Washington Sparks Strickland Sumner Thigpen Thompson Thrash Thurmond Warnock Weaver Welch Wells of Telfair Wilbanks of Cherokee Williams of Coffee Williams of Harris Willoughby Wilson Woodruff Yawn
Holley Hurst Jennings of Sumter Johnson o- Chattahoochee Jones Knabb Livingston Mabry Maund Mcintosh McNall Medders Miller Mims Moore of Baldwin

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JOURNAL OF THE HOUSE,

Moore of Taliaferro Norman Ogburn Padgett Pannell Peck Porter Powell Price Rees Reid

Riddlespurger Riley Roper Rossee Roughton Rountree Rowland Sharpe Sheppard Sills Smith of Dougherty

Smith of Muscogee Swint Thomas Turner Waller Wells of Ben Hill Whipple Wilbanks of Habersham Williams of Gwinnett Wright Mr. Speaker

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

On the passage of the bill, the ayes were 126, the nays 1.

The bill having received the requisite constitutional majority was passed.

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

Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House, to wit:
HB 251. By Messrs. Hand of Mitchell; Kendrick of Fulton:
A bill to amend an act known and designated as the "Unemployment Compensation Law"; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to wit:
H B 11. By Messrs. McCracken of Jefferson, Phillips of Columbia and others: A bill to establish a teacher retirement system of Georgia; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has agreed to the House amendment to the following bill of the
Senate, to. wit:

WEDNESDAY, MARCH 17, 1943

1335

SB 207. By Senator Millican of the 52nd:
A bill to authorize the ordinary of Fulton county to install and use photostatic or other photographic equipment for the purpose of recording documents; and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton:
A bill to be entitled an act to amend the Unemployment Compensation Law so as to provide for the succession of experience rating of an employer where his business is acquired by another; and for other purposes.
The following Senate substitute was read:
AN ACT
To be entitled an act to amend an act known and designated as the "Unemployment Compensation Law" approved March 29, 1937, as amended by an act approved January 25, 1938, and as further amended by an act approved March 21, 1941, to clarify the terms of said act as amended and to provide for the succession of the employment benefit experience record of an employer; 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 the same, that an Act of the General Assembly of Georgia known and designated as the "Unemployment Compensation Law," approved March 29, 1937, as amended by an Act approved January 25, 1938, and as further amended by an Act approved March 21, 1941, be and the same is hereby amended as follows, to wit:
Section 1. By adding to sub-section (c) (7) (iv) of Section 7 the following:
"Provided, however, that any corporation, partnership, individual or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of Section 7 of this act, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is already an employer at the time of such acquisition, the rate of contribution already assigned to him shall continue to be applicable until the time hereinafter stipulated. If he is not an employer at the time of such acquisition, the predecessor's rate shall continue to apply to the successor unit until the time hereinafter stipulated. In either case such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment benefit experience records of the

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predecessor and successor as of June 30 of the calendar year preceding the date of acquisition subject to the provisions of subsection 6 (i) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next effective date of contribution rates. Commencing with the next calendar quarter after acquisition the employment experience of the former employer and the successor employer shall be combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be computed on the basis of such combined employment benefit experience records. The Commissioner shall prescribe by regulation the notice to be given of such acquisition."
So that sub-section (c) (7) (iv) of Section 7 when amended shall read as follows:
"The term 'computation date' means December 31, 1941, with respect to rates of contributions applicable to the year 1942, and June 30th of the preceding year, with respect to rates applicable to the year 1943 and any calendar year thereafter. Provided, however, that any corporation, partnership, individual, or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business shall be deemed to be a successor to the predecessor from
whom such business was acquired for purposes of Section 7 of this act, and, if not
already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the. successor is not already an employer at the time of such acquisition, the rate of contributions applicable at such time to the predecessor unit shall continue to be applicable to the successor as to contributions payable based on wages of employees of such acquired unit only, until the time hereinafter stipulated, but if the successor is already an employer at the time of such acquisition, the separate rates of contributions applicable at such time to the predecessor and successor continue to be applicable to the successor until the time hereinafter stipulated. In either case such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment benefit experience records of the predecessor and successor subject to the provisions of subsection 6 (i) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next computation date hereunder. Commencing with the next calendar quarter after acquisition the employment experience of the former employer and the successor employer shall be combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be computed on the basis of such combined employment benefit experience records. The Commissioner shall prescribe by regulation the notice to be given of such acquisition."
Section 2. The provisions of this Act shall apply to all contributions payable by a successor, regardless of whether or not such successor acquired the business, or assets, thereof, from his predecessor prior or subsequent to the effective date of this Act.

WEDNESDAY, MARCH 17, 1943

1337

Section 3. The provisions of this Act shall become effective as of January 1, 1942, and shall apply to all contributions thereafter payable by an employer affected hereby, as respects business previously or thereafter acquired.
Section 4. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Kendrick of Fulton moved that the House disagree to the Senate substitute and the motion prevailed.
Under the order of business established by the Committee on Rules the following bills and resolutions of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 134. By Senators Gross of the 31st and Eubank of the 29th districts:
A bill to be entitled an act to equalize educational opportunities in vocational training; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, the nays 0.
The bill having received the requisite constitutional majority was passed.
SR 51. By Senators Lovett of the 16th, Kennedy of the 2nd, Harrison of the 17th, Arnold of the 26th, Forester of the 44th, Griner of the 45th, Shannon of the 21st, Eubank of the 29th, Pittman of the 42nd, and Lester of the 18th districts:
A resolution proposing that the secretary of agriculture, Georgia's Congressional delegation and the President be personally advised of this Legislature's action; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution was agreed to.
By unanimous consent, SR 51 was adopted.
SB 198. By Senators Atkinson of the 1st, Terrell of the 19th and Newton of the 47th districts:
A bill to be entitled an act to repeal section 77-401 of the Code and to substitute a new section providing that insane convicts shall be removed to Milledgeville State Hospital during the term which sentenced; and for other purposes.
Mr. Hooks of Emanuel moved that further consideration of SB 198 be postponed indefinitely.

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JOURNAL OF THE HOUSE,

Mr. Sfuith of Muscogee moved that SB 198 be tabled and the motion was lost.
Mr. Hooks of Emanuel withdrew his motion to indefinitely postpone SB 198.
Mr. Durden of Dougherty moved that further consideration of SB 198 be postponed until March 18, 1943, and the motion prevailed.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 11. By Messrs. Wells of Ben Hill, McCracken of Jefferson, Phillips of Columbia, Thurmond of Hall, Etheridge of Fulton, Key of Jasper, MeNall and Grayson of Chatham, Durden of Dougherty, Connell of Lowndes, Burnside of McDuffie, Allison of Gwinnett, Foster of Paulding, Hand of Mitchell, Gowen of Glynn, Goldberg and Hurst of Coweta, Mason of Morgan, Mims of Miller, Drake of Seminole, Nicholson and Holley of Richmond, Smith of Muscogee, Hagan of Screven, and Dalton of Banks: A bill to be entitled an act to create and establish a teachers' retirement system of Georgia; and for other purposes.
The following Senate amendment was read:
Senator Lester of the 18th moves to amend HB, 11 by striking from section 1,
subsection 5 the last sentence of said subsection the following words:
"Any employee or teacher whose salary is paid entirely from fees of students or"
So that said subsection when amended will read as follows:
"The word 'teacher' shall not be deemed to include any employee not engaged directly in classroom teaching activities or in the supervising of teachers or any temporary or emergency employee".
The following motion was offered by Mr. Harris of Richmond:
Mr. Speaker:
I move that the House disagree to the Senate amendment to HB 11, that a Committee on Conference be appointed on the part of the House to confer with a like committee on the part of the Senate and that the conferees on the part of the
House be instructed to clarify the definition of teacher as found in paragraph 5 of
section 1 of said act and that the Senate be requested to instruct and empower its conferees to do likewise.
The motion of Mr. Harris of Richmond prevailed and the Speaker appointed as a Committee of Conference, on the part of the House, the following members of the House, to wit:
Messrs. Caldwell of Troup, Key of Jasper, and Thrash of Coffee.
Under the order of business established by the Committee on Rules, the follow-

WEDNESDAY, MARCH 17, 1943

1339

ing bills of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 91. By Senator Shannon of the 21st district:
A bill to be entitled an act to amend section 38-1604 of the 1933 Code to provide that husband and wife shall be competent and compellable to give evidence against or for each other; and for other purposes.
Mr. Culpepper of Fayette moved that SB 91 be tabled..
On the motion to table SB 91, the ayes were 79, the nays 27.
The motion prevailed and SB 91 was tabled.
SB 147. By Senator Lester of the 18th district:
A bill to be entitled an act to provide that where a temporary administrator is later appointed permanent administrator and gives bond and surety as same, the ordinary shall relieve both he and his surety as permanent administrators; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bill of the House, to wit:
HB 407. By Mr. Chance of Twiggs:
A bill to protect and preserve timber lands and natural resources; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate ms1sts on its substitute to the following bill of the House, to wit, and respectfully asks that a Committee of Conference be appointed:
HB 251. By Messrs. Hand of Mitchell of Kendrick of Fulton:
A bill to amend an act known and designated as the "Unemployment Compensation Law", and for other purposes.

1340

JOURNAL OF THE HOUSE,

The President has appointed as a Committee of Conference on the part of the Senate:
Senators Millican of the 52nd, Arnold of the 26th, Estes of the 35th,.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate insists on its amendment to the followiing bill of the House, to wit, and respectfully asks that a Committee of Conference be appointed:
HB 11. By Messrs. McCracken of Jefferson, Phillips of Columbia, and others:
A bill to establish a teacher retirement system of Georgia; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate:
Senators Ennis of the 20th, Lester of the 18th, Eubank of the 29th.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee on Conference on the following bill of the House, to wit:
HB 16. By Messrs. McCracken of Jefferson, Phillips of Columbia, and others:
A bill to create and establish a board to be known as agricultural and industrial board of Georgia; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following resolution of the House, to wit:
HR 20. By Mr. Etheridge of Fulton:
A resolution to appropriate funds for the payment to the American Coolair Corp.; and for other purposes.
The following report of the Committee on State Prison Farm was submitted: Honorable R. V. Harris, Speaker of the House, and members thereof:
We, your Committee on State Prison Farm, submit the following report, resulting rom our visit there on Saturday, March 6th.

WEDNESDAY, MARCH 17, 1943

1341

Twenty-eight members of the Committee made an inspection of the prison property and of the farm. We interviewed all of the farm supervisors and made careful inspection of the prison proper, and beg to submit the following report:
No. 1. We found the prison cleanly and well kept, and heard no complaints from the prisoners as to the treatment accorded them, except in a few instances there were some complaints about the prisoners being held over, after the expiration of their sentences.
No. 2. In the men's prison we found ample food supplies; the quarters well kept, and so far as we could tell, good supervision and management.
No. 3. At the women's prison we heard some complaint about the diet and we found that first offenders and old offenders were quartered together, which we do not think advisable, and would recommend that segregation of first and chronic offenders be practiced there.
No. 4. We went over the prison farm proper and found it in a well-cared-for condition; ample supplies for the production of another year's crop. We found ample livestock for prison use, consisting of cows and hogs, the exact number of which may be obtained from the auditor's report. The prisoners seem to be profitably employed in the production, canning and dehydration of food for the use of the prisoners.
Recommendation No. l. That in the women's prison, segregation be practiced as set forth in the body of this report.
Recommendation No. 2. That consideration be given to the improvement of the quality of the breeder stock, kept on the farm for breeding purposes.
Respectfully submitted,
A. G. Oliver, Chairman,
Max B. Looper, Secretary.

Mr. Kendrick of Fulton moved that the House insist in its disagreement to the Senate substitute for the following bill of the House and that a Committee of Conference be appointed to confer with a like committee of the Senate:
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton:
A bill to be entitled an act to amend the unemployment compensation law so as to provide for the succession of experience rating of an employer where the business is acquired by another; and for other purposes.
The motion of Mr. Kendrick of Fulton prevailed and the Speaker appointed as a Committee of Conference on the part of the House the following members of the House, to wit:

1342

JOURNAL OF THE HOUSE,

Messrs. Kendrick: of Fulton, Elliott of Muscogee, and Ray of Warren. Under the order of business established by the Committee on Rules the following bills of the Senate was taken up for consideration, read the third time and placed upon their passage:
SB 170. By Senator Oden of the 46th district:
A bill to be entitled an act to provide that all powers and duties vested in the state entomologist shall be vested in the director of entomology; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
The Committee of Conference on SR 32 submitted the following report:
CONFERENCE COMMITTEE REPORT ON SENATE RESOLUTION NO. 32
Mr. President:
Mr. Speaker:
Your Conference Committee on Senate Resolution No. 32 submits this report:
I. We recommend that the Senate recede from its position and agree to the House substitute, when amended as follows:
By striking from the proposed new Paragraph III of Article III, Section IV, of the Constitution of Georgia, the words "eighty (80) days," wherever the same appear, and inserting in lieu thereof the words "seventy days," and by adding after the word "session," in the seventh line of said Paragraph III, a comma and the words "but shall remain in regular session," so that said Paragraph III of Article III, Section IV, of the Constitution, as set forth by Section I of the House substitute for Senate Resolution No. 32, shall read as follows:
"Paragraph Ill. Meetings of the General Assembly. The General Assembly shall meet in regular session on the second Monday in January, 1945, and biennially thereafter on the same date until the date shall be changed by law. By concurrent resolution, adopted by a majority of the members elected to both Houses, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than seventy days, in the aggregate, during the term for which the members were elected.
If it shall adjourn the first regular session before the expiration of seventy days without fixing a date for reconvening, the General Assembly shall reconvene in regular session on the second Monday in January of the next year. All business pending in the House or Senate at the adjournment of any regular session may be

WEDNESDAY, MARCH 17, 1943

1343

considered at any later regular session of the same General Assembly as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General :Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and House of Representatives, as provided in Article V, Section I, Paragraph XIII, of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed."
2. We recommend that the House and Senate agree to the foregoing amendment.
Respectfully submitted,
W. H. Lovett of the 16th, Walter Harrison of the 17th,
D. J. Arnold of the 26th,
Conferees on the Part of the Senate,

Durden of Dougherty, Connell of Lowndes, Culpepper of Fayette,
Conferees on the Part of the House.

Mr. Culpepper of Fayette moved that the House adopt the report of the Committee of Conference on SR 32.
On the motion to adopt the report of the Committee on Conference, the ayes were 108, the nays 0.
The motion prevailed and the report of the Committee of Conference on SR 32 was adopted.
Mr. Culpepper of Fayette moved that the House do now adjourn until tomorrow morning at 9:00 o'clock and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 9:00 o'clock.

1344

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, March 18, 1943.

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 a prayer by the chaplain.
Mr. Culpepper of Fayette asked unanimous consent that the call of the roll be dispensed with and objection was heard.
The call of the roll was ordered and the following members answered to their names:

Adams Allison Alwood Anderson Baker Bates Battles Barfield Bargeron Bennett Boone Bowen Boynton Branch Brewton Bridges Broome Brunson Burnside Burton Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire Clark Cowart Crummey Culpepper Curry Daves Deal

Dorsett Dorsey Drake Dukes Dunn DuPree Durden Easler Edwards Elliott Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gholston Giddens Gilbert Gillis Goldberg Gowen Graham Gray Greene of Jones Greene of Schley Guerry Guyton Hagan Hand Harden

Hardy Hart of Quitman Hart of Thomas Hartness Hatchett Heard Hefner Herndon Hicks Hightower Hill of Clarke Hill of Troup Hogg Holley Hooks Howard Hubert Hurst Jennings of Sumter Jennings of Terrell Joiner Johns Johnson of Chattahoochee Johnson of Pike Johnston Kelly of Thomas Kelly of Walker Kendrick Key Knabb Littlejohn Livingston Looper Mabry Malone

THURSDAY, MARCH 18, 1943

1345

Mankin Martin Mason Mavity Maund McCamy McCracken McEntire Mcintosh McNall Medders Miller Mills Mims Minchew Mitchell Mixon Moate Moore of Baldwin Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Norman Odom Ogburn Oliver Overby Padgett Pannell

Park Parker Peck Pettit Phillips Pirkle Porter Powell Price Pruitt Ray Rees Reid Reynolds Riley Rossee Roughton Rountree Rowland Russell Salter Sharpe Sheppard Smiley Smith of Carroll Smith of Dougherty Smith of Muscogee Smith of Oglethorpe

Smith of Washington Sparks Strickland Sumner Swint Thigpen Thompson Thrash Thurmond Turner Waller Warnock Weaver Welch Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Gwinnett Williams of Harris Willoughby Wilson Woodruff 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. Third reading and passage of uncontested local bills.

Mr. Branch of Tift County, Chairman of the Committee on Engrossing, submitted the following report:

Mr. Speaker:
Your Committee on Engrossing has examined, found properly engrossed and ready for transmission to the Senate the following resolutions of the House, to wit:

1346

JOURNAL OF THE HOUSE,

HR 174. HR 175.

Respectfully submitted,

Branch of Tift, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker:
Your Committee on Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills and resolutions of the House, to wit:
HR 43. HR 107. HR 115. HR 118. HR 125. HR 126. HR 160. HR 168. HB 11. HB 16. HB 112. HB 136. HB 139. HB 140. HB 149. HB 154. HB 163. HB 165. HB 220. HB 222.

THURSDAY, MARCH 18, 1943

1347

HB 240. HB 251. HB 258. HB 302. HB 318. HB 322. HB 333. HB 370. HB 392. HB 411. HB 419.
lfB 455.
HB 456. HB 468. HB 504. HB 521. HB 534. HB 535. HB 577. HB 584. HB 589. HB 601. HB 602. HB 606. HB 609. HB 612. HB 614. HB 616. HB 617.

1348

JOURNAL OF THE HOUSE,

HB 618. HB 620.

HB 623. HB 624. HB 625.

HB 628. HB 629. HB 635. HB 638. HB 639. HB 640. HB 647.

Respectfully submitted,

Johnson of Chattahoochee, Chairman.

Mr. Johnson of Chattahoochee County, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker:
Your Committee on .Enrollment has examined, found properly enrolled and ready for transmission to the Governor the following bills and resolutions of the House, to wit:
HB 67. HB 125. HB 137. HB 162. HB 164. HB 182. HB 204. HB 208. HB 238. HB 254.

THURSDAY, MARCH 18, 1943

1349

HB 286. HB 337. HB 340. HB 391. HB 407. HB 420. HB 422. HB 424. HB 428. HB 430. HB 437. HB 454. HB 479. HB 509. HB 513. HB 528. HB 553. HB 556. HB 596. HR 20. HR 58, HR 73. HR 91. HR 92. HR 103. HR 119. HR 120. HR 133. HR 146.

1350

jOURNAL OF THE HOUSE,

HR 153. HR 157. HR 158. HR 169. HR 170.

Respectfully submitted,
Johnson of Chattahoochee, Chairman.

Mr. Hicks of Floyd County, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General judiciary No.2 have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 129. Do Not Pass.
HB 128. Do Not Pass.
SB 219. Do Not Pass.
SB 153. Do Not Pass. HB 312. Do Not Pass.
Respectfully submitted,
Hicks of Floyd, Chairman.

Mr. McCracken of Jefferson 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:
HB 159. Do Not Pass.
HB 42. Do Not Pass.
HB 157. Do Not Pass.
HB 169. Do Not Pass.

THURSDAY, MARCH 18, 1943

1351

HB 26. Do Not Pass. HB 109. Do Not Pass.
HB 555. Do Not Pass.
HB 570. Do Not Pass. HB 610. Do Not Pass. HB 611. Do Not Pass. HB 475. Do Not Pass.

McCracken of Jefferson, Chairman.

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
bills and resolutions of the House, to wit:
HB 139. By Messrs. Daves of Dooly, Allison of Gwinnett:
A bill to authorize the board of health of the State of Georgia to acquire such laboratories to carry out the public health program in this state; and for other purposes.
HB 154. By Messrs. Hand of Mitchell and Smith of Muscogee:
A bill to amend the income tax laws for the State of Georgia; and for other purposes.
HB 222. By Messrs. Smith and Reid of Carroll, and others:
A bill to amend an act of the Code of Georgia known as the Ellis Health Law; and for other purposes.
HB 302. By Mr. Elliott of Muscogee: A bill to amend acts by providing for state board of accountancy; and for other purposes.
HB 318. By Messrs. Cannon of Rockdale and Rossee of Putnam:
A bill to repeal Code Section 84-102 pertaining to duties of secretary of state; and for other purposes. HB 322. By Messrs. MeNall, Grayson and Alexander of Chatham:
A bill to amend an act entitled "Hotels and Inns"; and for other purposes.

1352

JOURNAL OF THE HOUSE,

HB 370. By Messrs. Kendrick of Fulton, MeN all of Chatham, and others:
A bill to amend an act known as "The Unemployment Compensation Law"; and for other purposes.
HB 420. By Messrs. Gowen of Glynn; Ferguson of Camden, Grayson of Chatham ; and others :
A bill providing that the State of Georgia may enter into contracts with any one or more of the states of the Atlantic Seaboard; and for other purposes.
HB 424. By Mr. Mixon of Irwin:
A bill to amend an act relating to voting by mail; and for other purposes.
HB 430. By Messrs. Smith and Copland of Muscogee:
A bill to amend an act which defines the circumstances under which an agency may be revoked and providing that the death of a person who has executed a power of attorney; and. for other purposes.
HB 504. By Mr. Kendrick of Fulton:
A bill to provide that public officials having control of public property may during the war emergency use land for growing food products; and for other purposes.
HB 535. By Mr. Hubert of DeKalb:
A bill to amend an act to provide that justices of peace shall lay their dockets before grand juries; and for other purposes.
HB 577. By Messrs. Anderson of Wayne and Rowland of Johnson, and others:
A bill to amend an act entitled "Firing the Woods"; and for other purposes.
HB 620. By Messrs. Harris of Richmond, and Whipple of Bleckley.
A bill to amend the code relating to surrendering of principal and to provide for judgment against bail; and for other purposes.
HB 638. By Mr. Gillis of Treutlen:
A bill to require that in counties having a population between 7,600 and 7,650, all applicants for divorce to pay sum of $15.00; and for other purposes.
HB 647. By Messrs. Gowen and Gilbert of Glynn: A bill to authorize the City of Brunswick to use Palmetto Square; and for other purposes.
HR 91. By Messrs. Culpepper of Fayette, Weaver of Bibb, and others: A resolution to amend article 6, section 2 of the Constitution, relative to bills of exception; and for other purposes.

THURSDAY, MARCH 18, 1943

1353

HR 107. By Messrs. Guyton of Effingham, Park of Greene, and Brunson of Bulloch:
A resolution specifying the manner of pledging allegiance to the Georgia flag.
HR 120. By Messrs. Park of Greene, Hooks of Emanuel, Yawn of Dodge, and others:
A resolution requesting Congressmen and Senators to introduce an amendment to the federal social security act.
HR 125. By Mr. Parker of Walton:
A resolution authorizing the state library to furnish to the clerk of the superior court of Walton county certain enumerated volumes of the Georgia supreme court.
HR 158. By Mr. Smith of Oglethorpe:
A resolution authorizing the state library to furnish to the clerk of the superior court of Oglethorpe county certain enumerated volumes of the Georgia supreme court.
HR 160. By Messrs. Durden of Dougherty and Key of Jasper: A resolution to provide for taxation for the purpose of paying pensions and benefits under a teacher retirement system; and for other purposes.
HR 169. By Mr. Looper of Dawson:
A resolution that the original chenille machine be placed m the state museum in the capitol; and for other purposes. HR 170. By Mr. Fi~her of Jeff Davis:
A resolution to promulgate a state farmers' market on land in Jeff Davis county.
HR 171. By Mr. Swint of Spalding:
A resolution to name a destroyer after a Georgia naval hero.
HB 238. By Messrs. Gowen and Gilbert of Glynn: A bill to provide that no income tax return made to the State of Georgia on any date subsequent to the passage of this act shall be required to be verified by taxpayer before such filling; and for other purposes.
The followinu me~,"~ as received from the Senate through Mr. l'\ evin, the Secretary thereof:

1354

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House, to wit:
HR 258. By Mr. Fortson of Wilkes:
A bill to amend an act by providing that motor vehicle licenses shall be purchased before April first of each year; and for other purposes.
HR 454. By Mr. Fisher of Jeff Davis:
A bill to constitute all commissioned officers of armed services of the United States ex-officio notary publics of the State of Georgia; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bills of the House, to wit:
HB 112. By Messrs. Connell of Lowndes, Bynum of Rabun, and others:
A bill to provide for the recording of certified copies of recorded instruments; and for other purposes.
HB 601. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to require that counties having a population between 81,000 and 82,000, all applicants for divorce to pay sum of $15.00; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate, to wit:
SB 202. By Senator Arnold of the 26th:
A bill to amend the banking laws of Georgia regarding director's examinations; and for other purposes.
Under the regular order of business the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 225. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the pension act of Fulton county to

THURSDAY, MARCH 18, 1943

1355

provide employees of any department of any municipality within the county becoming employees of the county by virtue of consolidation by operation of law may vote to share in the pension; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 236. By Senator Harrison of the 17th district:
A bill to be entitled an act to abolish the office of tax receiver of Jenkins county and to create the office of tax commissioner; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 238. By Senator Newton of the 47th district:
A bill to be entitled an act to amend an act of 1943 creating a new charter for the City of Moultrie by striking all provisions for the levying of a sales and income tax; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules having had under consideration the fixing of a calendar for today's business has established as an order of business, beginning immediately after the period of unanimous consents at today's session, the following bills and resolutions, to wit:
1. SR 37. Constitutional amendment relative to legislative members holding office.
2. SR 50. State administration cooperate with council of state government. 3. SB 96. Relating to time and place of primary elections.
4. SB 145. Creating a state-wide general election.
5. SB 146. Recount in primary elections.

1356

jOURNAL OF THE HOUSE,

6. SB 180. Constitutiona! amendment-public service commission. 7. SB 185. Providing for tax return for pipe lines to state revenue com-
missioner. 8. SB 218. Changing date of filing reports by gasoline distributors. 9. SB 39. Relating to foreclosure of mortgages. 10. SB 174. Relating to gasoline. 11. SB 198. Transfer of insane prisoners. 12. SR 62. Granting R. F. Burch authority to sue the state. 13. SB 219. Relating to adoption. 14. SR 66. Confirming suspension of tax on aviation gasoline. 15. SB 139. Relating to livestock. 16. SB 192. Relating to soldiers benefits. 17. SB 237. Relating to income tax. 18. SB 199. Segregation of prisoners. 19. SB llO. Suspension of fidicuaries.
20. SB 77. Authorizing Governor to sell plate metal.
21. SB 241. Salary of director of veterans office. 22. SR 69. Providing for revising rules of House and Senate. 23. SB 211. Anti-scalping bill. 24. SB 222. Regulating the sale of second-hand watches. 25. SB ll8. Homestead exemption. 26. SB 143. Regulating the mix of flour and bread. 27. SR 54. Relating to divorces. 28. SB 98. Authorizing army officers to witness deeds. 29. SB 186. Wartime mobilization of firemen. 30. SB 135. To amend corporation law. 31. SB 165. Regarding payment of wages. 32. SB 97. Public printing. 33. SB 167. Park authority. 34. SB 100. Board of eleesmosynary institutions.

THURSDAY, MARCH 18, 1943

1357

The Speaker is authorized to call these bills in the order he sees fit, and to add to the calendar any general bills with local application.
Durden of Dougherty, Vice-Chairman.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 258. By Mr. Fortson of Wilkes:
A bill to be entitled an act to provide that motor vehicle license shall be purchased before April 1st of each year; and for other purposes.
The following Senate amendment was read:
The Committee on Motor Vehicles moves to amend HB 258 by striking from the caption in lines 3, 4 and 5 the following, "may be purchased during the month of December, prior to the year for which they are issued, and" and further strike the word "~larch" in line 5 and insert in lieu thereof the word "April".
Further amend in section 1 line 6 by striking the word "March" and inserting in lieu thereof the word "April" and striking the rest of line 6 after the figures "1944" and striking all of lines 7, 8, 9 except the last word in line 9.
Further amend section 1 line 15 by striking all of lines 18, 19, 20, 21, 22 after the words "by law" in line 18 and by changing the semi-colon after "law" to a period.
Amend section 2 line 4 by striking the word "March" and inserting in lieu thereof the word "April".
Amend section 4 line 2 by striking the word "March" and inserting in lieu thereof the word "April".
Mrs. Guerry of Macon moved that the House disagree to the Senate amendment to HB 258 and the motion prevailed.
Mrs. Guerry asked unanimous consent that the Speaker be authorized to appoint a Committee of Conference to confer with a like committee of the Senate and the consent was granted.
The Speaker appointed as a Committee of Conference on the part of the House the following members of the House, to wit:
Mrs. Guerrf of Macon, Messrs. Guyton of Effingham, and Fortson of Wilkes.
The following resolution was submitted by the subcommittee of General Agriculture as a report of their investigation of the farmers market at Macon, Georgia:

1358

JOURNAL OF THE HOUSE,

A RESOLUTION
WHEREAS, we, the undersigned members of the General Assembly of the State of Georgia, serving as a Committee on General Agriculture No. 1, made an inspection and an investigation of the State Farmers' Market located at Macon and make the following recommendations:
WHEREAS, Macon is geographically situated in the center of the state and the Farmers' Market, we find, is in need of more sheds, buildings, paving and repairs to adequately care for the need of the farmers in the handling and sale of their products.
Our Committee finds that the Commissioner of Agriculture has made a fine record with very limited funds and facilities in the operation of the present market, and our Committee would like to hereby commend him.
We urge and recommend to our Governor that ample funds be provided to carry out the recommendation hereafter made in view of the fact that this market was built and has been operated since that time without the State paying out one cent, and the fees received are put in the general Treasury of the State instead of being put back into the maintenance and improvement of the market and its facilities.
( 1) We recommend the installation of grading machinery, drinking water facilities, paving market grounds, or at least under the sheds, the building of an additional shed, the building of a loading and unloading platform for the benefit of the farmer and patrons, and the painting and repairing of the present sheds.
(2) We also recommend that the old delapidated brick buildings on the market where it is found to be beyond repair be torn down and that the material therein be used to build buildings suitable for the needs of produce handlings in view of the fact that very little additional material would be necessary to supplement the material salvaged from the old building.
(3) It is urgent that the above recommendations be complied with and that the War Production Board be asked for priority in obtaining the necessary materials to do the needed improvements that in our opinion would encourage the farmers of our State to raise more foodstuffs by providing the market facilities necessary to aid in the handling and sale of their products.
(4) Therebore, Be it resolved that this House adopt the report of this Committee and go on record and urge the carrying out of its recommendations.
( 5) Copy of the within recommendations are hereby requested to be furnished the Governor and the Commissioner of Agriculture.
Greene of Jones, Chairman, H. L. Barfield of Bibb, H. L. Chance of Twiggs, Rossee of Putnam Hugh Gillis, of Treutlen.

THURSDAY, MARCH 18, 1943

1359

Under the order of business established by the Committee on Rules the following bills and resolutions of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 224. By Senator Millican of the 52nd district:
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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 226. By Senator Millican of the 52nd district:
A bill to be entitled an act to amend the pension act of the City of Atlanta so as to provide that employees shall remain eligible under the pension fund even when departments are consolidated; and for other purposes.
The following amendment was read and adopted:
Mrs. Mankin, Mr. Etheridge and Mr. Kendrick of Fulton move to amend SB 226 in the following particulars:
(a) Add to the caption thereof, just before the words "and for other purposes", the following words:
"to provide that all officers and employees in cities having a population of not less than 150,000 inhabitants by the United States census of 1920, or any future census, which operate under pension laws and civil service laws of any kind for any of the departments, shall receive credit under such pension and civil service laws for time spent in service in the armed forces of the United States."
(b) That section 6 of said act be stricken and the following sections substituted m lieu thereof:
"Section 6. All officers and employees of cities and of departments in cities in this state, having a population of not less than 150,000 inhabitants who have been or shall be, inducted into the armed forces of the United States, either voluntarily or involuntarily, under the Selective Service and Training Act or otherwise, and being such persons as come within the provisions of the Soldiers and Sailors Relief Act of Congress, shall be entitled to receive under all pension acts and civil service acts, credit for their time of service in the armed forces of the United States, which time of service therein shall, for the purpose of such pension and civil service acts, be considered as service to such cities, on the following terms and conditions:
(a) Such officer or employee must have been or must be, on the payrolls of such city or a department thereof, in good standing at the time of such induction.

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JOURNAL OF THE HOUSE,

(b) He shall not voluntarily extend his term of service beyond the termination of the present conflict.
(c) He shall return to service m such city promptly upon his discharge from the armed forces.
(d) Any such person rece1vmg a dishonorable discharge from such armed forces shall not be entitled to the benefits of this act.
(e) The amount of his payments for such pension shall not become in arrears more than ninety (90) days. If, during his service to the Federal Government such payments become in arrears as hereinbefore set forth, such person shall have the privilege of paying up all back payments when or before he returns to his employment with the city and thereupon shall be reinstated to full benefits under said pension system.
"Section 7. This Act shall not be construed to repeal an act approved the 23rd day of February, 1943, relating to members of fire departments in certain cities and giving them the same benefits herein contained".
"Section 8. That all acts and parts of acts in conflict with this act are hereby repealed."
The report of the committee, which was favorable to the passage of the bill, as amended, as agreed to.
On the passage of the bill, as amended, the ayes were 105, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
SB 242. By Senator Forester of the 44th district:
A bill to be entitled an act to authorize and direct the ordinancs and treasurers and or other proper officials of all counties having a population of 13,010 to pay the sheriffs the sum of $75.00 per month; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, the nays 0.
The bill having received the requisite constitutional majority was passed.
SB 227. By Senator Forester of the 44th district:
A bill to be entitled an act to authorize the sheriff of Catoosa county to draw a salary of $75.00 per month in addition to the fees now paid to the sheriff; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 18, 1943

1361

On the passage of the bill, the ayes were 105, the nays 0. The bill having received the requisite constitutional majority was passed.
SB 231. By Senator Millican of the 52nd district:
A bill to be entitled an act to extend the term of the Democratic Executive Committee of the City of Atlanta for one 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 103, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the House was read and adopted:
HR 172. By Mr. Durden of Dougherty:
A resolution authorizing the Speaker and his secretary to rMDain at the capitol fifteen days after adjournment, of the General Assembly for the purpose of completing records, etc., which are necessary, and the clerk of the House authorized to remain at the capitol twelve days after the adjournment of the General Assembly for the purpose of completing records, etc., which are necessary, and that the Speaker and clerk be allowed their per diem for said time. Also the chairmen, respectively, of the Engrossing, Enrollment and Auditing Committees, and five other members of each said committees, to be appointed by the chairman are authorized to remain at the capitol ten days after adjournment, for the purpose of bringing up unfinished business and they are allowed their per diem for said time. Also the postmistress of the House be authorized to remain at the capitol five days for the purpose of forwarding members mail and distribution, and that she be allowed her per diem. Also two porters of the House be allowed to remain at the capitol six days after adjournment, and they be allowed their per diem. Also the chairman of the Committee on Penitentiary he allowed to appoint a sub-committee to consist of not more than nine members of the Committee on Penitentiary to include the chairman, the vicechairman, and his secretary, to visit the penal system of Georgia and the said members be limited to their per diem and actual expenses, not to exceed thirty days unless authorized by the House at another session.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 601. By Messrs. Harris, Holley, and Nicholson of Richmond:
A bill to be entitled an act to provide for the payment of $15.00 by the person filing petition for divorce in Richmond county at the time of filing the petition; and for other purposes.
The following Senate substitute was read:

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JOURNAL OF THE HOUSE,

A BILL
To be entitled an act to amend code section 24-3406, of the Georgia Code of 1933, fixing the deposits of costs required in divorce cases so as to increase the deposits in certain counties from six ($6.00) dollars to fifteen ($15.00) dollars, and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1. That from and after the passage of this act code section 24-3406 of the Georgia Code of 1933, entitled, deposits of costs required in divorce cases, be and the same is hereby amended by adding at the end of said section the following:
"In all counties having a population under the last or any future federal census 80,000 inhabitants or over, (except Bibb county) all applicant's petition for divorce shall be required to deposit with the clerk of the superior court, before the filing of applicant's petition for divorce the sum of fifteen ($15.00) dollars, as costs deposit, instead of six ($6.00) dollars as provided in the original code section.
Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this act be and the same are hereby repealed.
Mr. Holley of Richmond moved that the House agree to the Senate substitute, to HB 601, and the motion was lost.
Messrs. Etheridge of Fulton and Hubert of DeKalb moved that the House disagree to the Senate substitute to HB 601, and the motion prevailed.
The Committee of Conference appointed on HB 67 submitted the following report:
Mr. President:
Mr. Speaker:
Your Committee on Conference appointed on behalf of the Senate and of the House had under consideration HB 67, and the committee substitute for such bill of the Senate, and respectively recommend the following:
First: That the Senate recede from its adoption of the committee substitute to HB 67.
Section: That the figures $3,600.00 in line 3 of section No. 1 of the House bill be changed to $4,200.00, and such bill as amended adopted.
Respectfully submitted, (Signed): Jack Williams of the 5th, G. E. Millican of the 52nd, W. M. Lester of the 18th, On the part of the Senate.

THURSDAY, MARCH 18, 1943

1363

D. L. Deal of Bulloch Hoke S. Brunson of Bulloch A. H. Weaver of Bibb
On the part of the House.

Mr. Welsch of Cobb moved the previous question, the motion prevailed and the main question was ordered.

Mr. Weaver of Bibb moved that the House adopt the report of the Committee of Conference on HB 67.

Mr. Weaver of Bibb moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Allison Alwood Anderson Baker Barfield Bargeron Bennett Boynton Branch Brewton Bridges Broome Brunson Burton Bynum Caldwell Campbell of Polk Cates Chance Cheshire Clark Culpepper Curry Daves Deal Dorsett Dorsey Drake Dunn Durden Easler

Ennis

Johnston

Etheridge

Kelly of Thomas

Ferguson

Kelly of Walker

Fortson

Key

Foster

Looper

Fussell

Malone

Gardner

Mankin

Gaskins

Mason

Gaston

Mavity

Gholston

Maund

Giddens

McCamy

Gilbert

McCracken

Gray

McEntire

Greene of Jones

Miller

Guerry

Mims

Guyton

Minchew

Harden

Mixon

Heard

Moore of Baldwin

Hefner

Moore of Taliaferro

Herndon

Nicholson of Oconee

Hicks

Nicholson of Richmond

Hightower

Ogburn

Holley

Oliver

Hooks

Overby

Howard

Padgett

Hubert

Park

Jennings of Terrell

Peck

Joiner

Phillips

Johns

Pruitt

Johnson of Chattahoochee Ray

Johnson of Pike

Reynolds

1364

JOURNAL OF THE HOUSE,

Riley Rossee Roughton Salter Sharpe Smiley Smith of Carroll Smith of Dougherty Smith of Oglethorpe

Smith of Washington Sparks Sumner Swint Thompson Thrash Thurmond Weaver Welch

Wells of Ben Hill Wells of Telfair Whipple Wilbanks of Cherokee Williams of Coffee Williams of Harris Willoughby Wilson

Those voting in the negative were:

Battles Boone Bowen Cannon Cowart Edwards Elliott Hardy

Hill of Troup Livingston Norman Odom Pannell Parker Powell Reid

Rowland Russell Sheppard Warnock Wilbanks of Habersham Yawn

Those not voting were:

Adams Alexander Bates Bentley Burnside Campbell of Newton Connell Copland Crummey Dallis Dalton Dukes DuPree Dyal Fisher Gavin Gillis Goldberg Gowen Graham Grayson Greene of Schley

Hagan Hand Hart of Quitman Hart of Thomas Hartness Hatchett Hill of Clarke Hogg Horne Hurst Jennings of Sumter Jones Kendrick Knabb Littlejohn Mabry Martin Mcintosh McNall Medders Mills Mitchell

Moate Pettit Pirkle Porter Price Rees Riddlespurger Roper Rountree Sills Smith of Muscogee Strickland Thigpen Thomas Turner Waller Williams of Gwinnett Woodruff Wright Mr. Speaker

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

THURSDAY, MARCH 18, 1943

1365

On the motion to adopt the report of the Committee of Conference on HB 67, the ayes were 119, the nays 22.
The motion prevailed and the report of the Committee of Conference was adopted.
The following message was received from the Senate through Mr. Nevin, 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:
HB 513. By Mr. Gowen of Glynn:
A bill to amend the acts of the General Assembly of Georgia of 1941, pages 3000 et seq., by amending section 14, subsection 2 thereof so as to require the department of public health to issue a certificate of birth showing the birthplace of the child to be the place of residence of the parents oy adoption; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the report of the Committee of Conference on the following bill of the House, to wit:
HB 11. By Messrs. Wells of Ben Hill and others:
A bill to establish a tead1er retirement system of Georgia; and for other purposes.
The Senate has agreed to the House amendments to the following bill of the Senate, to wit:
SB 116. By Senators Lester of the 18th, Atkinson of the 1st and others:
A bill to create a state highway commission and abolish state highway board; and for other purposes.
The Senate has agreed to adopt the Conference Committee report on the following bill of the House, to wit:
HB 16. By Messrs. McCracken of Jefferson and others:
A bill to establish a board to he known as agricultural and industrial board of Georgia; and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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JOURNAL OF THE HOUSE,

HB 254. By Mr. Elliott of Muscogee:
A bill to be entitled an act to amend section 3-704 of the Code of 1933, limiting the time in which suit for the recovery of wages, overtime, or damages may be filed; and for other purposes.
The following Senate amendment to HB 254 was read:
Senator Arnold of the 36th district moves to amend HB 254 as follows: By striking from the first section of the act the words "damages accruing to individuals under statutes", wherever they occur therein and inserting in lieu thereof the following: "Damages and penalties accruing under laws respecting the payment of wages and overtime."
Mr. Elliott of Muscogee moved that the House agree to the Senate amendment.
On the motion to agree, the ayes were 104, the nays 0.
The motion prevailed and the Senate amendment was agreed to.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House, to wit:
HB 208. By Messrs. Connell of Lowndes, Smith of Carroll and others:
A bill to provide for the equal payment of taxes on all kinds of property; and for other purposes.
The following message was received from the Senate through Mr. Nevin, 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:
HB 67. By Messrs. Deal and Brunson of Bulloch and others:
A bill to fix the salary of the deputy insurance commissioner; and for other purposes.
The Senate has agreed to the report of the. Conference Committee on the following bill of the House, to wit:

THURSDAY, MARCH 18, 1943

1367

HB 437. By Messrs. Hubert, Broome and Turner of DeKalb:
A bill to create a DeKalb county waterworks advisory board; to define and prescribe the powers and authority of such board; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate ms1sts on its substitute to the following bill. of the House and respectively asks that a Committee of Conference be appointed.
HB 601. By Messrs. Harris, Holley and Nicholso~ of Richmond:
A bill to require in all counties of not less than 81,000 inhabitants nor more than 82,000 inhabitants all applicants for divorce, before the filing of such petition, shall deposit $15.00 instead of $6.00; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate: Senators Lester of the 18th, Dean of the 34th, Atkinson of the 1st.
Under the order of business established by the Committee on Rules the following bills of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 145. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Raynor of the 4th, Forester of the 44th, Dean of the 34th district:
A bill to be entitled an act to amend existing laws relative to general elections so as to provide for the holding of an August general election on Tuesday after the first Monday in August, 1943, and biennially thereafter; and for other purposes.
The following amendment was read and adopted:
Messrs. Smith of Carroll and Caldwell of Troup move to amend SB 145 as follows: "Provided, however, that nothing contained in this bill shall require any solicitor general, or solicitor of any city court who has been appointed within six months prior to the approval of this bill to run in the first election held under the provisions of this bill.
Mr. McCracken of Jefferson moved the previous question, the motion prevailed and the main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

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JOURNAL OF THE HOUSE,

Mr. Elliott of Muscogee moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Allison Alwood Baker Bates Bargeron Bennett Boynton Branch Brewton Broome Brunson Burnside Burton Caldwell Campbell of Newton Campbell of Polk Cates Cheshire Clark Cowart Crummey Curry Daves Deal Dorsett Drake Dukes Dunn DuPree Durden Easler Ennis Etheridge Fortson Foster Fussell Gardner Gholston Giddens

Goldberg

Minchew

Greene of Jones

Mitchell

Guerry

Mixon

Guyton

Moore of Taliaferro

Harden

Nicholson of Oconee

Hardy

Nicholson of Richmond

Hart of Quitman H~rt of Thomas

Ogburn Oliver

Heard

Overby

Hefner

Padgett

Herndon

Park

Hicks

Peck

Hightower

Pettit

Hill of Clarke

Phillips

Hogg

Porter

Holley

Price

Hurst

Pruitt

Jennings of Terrell

Rees

Joiner

Reid

Johns

Reynolds

Johnson of Chattahoochee Riley

Kelly of Thomas

Rossee

Kelyl of Walker

Russell

Kendrick

Salter

Key

Sharpe

Knabb

Smiley

Littlejohn

Smith of Carroll

Looper

Smith of Dougherty

Mankin

Smith of Oglethorpe

Martin

Smith of Washington

Mason

Sparks

Mavity

Sumner

Maund

Swint

McCamy

Thigpen

McCracken

Thrash

McEntire

Turner

Mcintosh

Warnock

McNall

Weaver

Medders

Welch

Mims

Wells of Ben Hill

THURSDAY, MARCH 18, 1943

1369

Wells of Telfair Whipple Wilbanks of Cherokee

Williams of Coffee Williams of Gwinnett

Williams of Harris Woodruff

Those voting in the negative were:

Anderson Battles Barfield Boone Bynum Cannon Dorsey Edw.ards
Elliott Ferguson Fisher Gaston Gilbert

Gray Hartness Hatchett Hill of Troup Hooks Horne Johnson of Pike Mills Norman Odom Pannell Parker Pirkle

Powell Ray
Roughton
Rowland Sheppard Strickland Thompson Thurmond Waller Wilbanks of Habersham Wilson Yawn

Those not voting were:

Alexander Bentley Bowen Bridges Chance Connell Copland Culpepper Dallis Dalton Dyal Gaskins Gavin Gillis

Gowen Graham Grayson Greene of Schley Hagan Hand Howard Hubert Jennings of Sumter Johnston Jones Livingston Mabry Malone

Miller Moate Moore of Baldwin Riddles purger Roper Rountree Sills Smith of Muscogee Thomas Willoughby Wright Mr. Speaker

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

On the passage of the bill, as amended, the ayes were 127, the nays 38.

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

SB 180. By Senators Eubank of the 29th, Atkinson of the 1st, Harrison of the 17th and Pope of the 7th districts:

To be entitled an act to propose to the qualified electors for ratification or rejection an amendment of Article IV, Section II of the Constitution of the State of Georgia by adding a new paragraph to be designated as

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JOURNAL OF THE HOUSE,

Paragraph 8, so as to provide for the Public Service Commission, its membership, election, qualification, terms of office, powers and duties; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section l. There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers, and duties now provided by law or that may he~after be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A chairman shall be elected by the members of the Commission from one of its members. The first Commission under this amendment shall consist of the commissioners in office at the time of the adoption of this constitutional amendment and they shall serve for the term to which each was elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensation, filling of vacancies, manner and time of election, powers and duties of members of the Commission, including the chairman, shall be such as are now or may hereafter be provided by the General Assembly.
Section 2. When said amendment shall be agreed to by two-thirds vote of the members of each house, with the "ayes" and "nays" thereon entered on their respective journals, it shall be published and submitted to the people for ratification or rejection at the next general election at which constitutional amendments may be voted on, and if adopted, the result shall be declared and the amendment proclaimed as part of the Constitution, as provided by the Constitution and laws relating to constitutional amendments.
Section 3. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill being a constitutional amendment, which requires a two-thirds vote, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were:

Adams Anderson Baker Bates Barfield Bargeron Bennett Bentley Boynton Branch Brewton

Broome Brunson Burnside Bynum Caldwell Campbell of Newton Campbell of Polk Cannon Cates Chance Cheshire

Clark Cowart Curry Dallis Daves Deal Dorsett Dorsey Drake Dukes Durden

THURSDAY, MARCH 18, 1943

1371

Dyal Easler Edwards Ennis Etheridge Ferguson Fisher Fortson Foster Fussell Gardner Gaskins Gaston Gholston Giddens Gilbert Gillis Gray Greene of Jones Guyton Harden Hardy Hart of Quitman Hart of Thomas Hartness Heard Hefner Herndon Hicks Hightower Hill of Troup Hogg Holley Hooks Horne Hubert Hurst Joiner

Johns

Price

Johnson of Chattahoochee Pruitt

Johnson of Pike

Ray

Johnston

Reid

Kelly of Walker

Reynolds

Key

Riley

Littlejohn

Rossee

Looper

Roughton

Mankin

Rountree

Martin

Rowland

Mason

Russell

Maund

Salter

McCamy

Sharpe

McCracken

Sheppard

McEntire

Smiley

McNall

Smith of Carroll

Medders

Smith of Dougherty

Mills

Smith of Washington

Mims

Sparks

Minchew

Strickland

Mitchell

Sumner

Mixon

Swint

Moore of Taliaferro

Thigpen

Nicholson of Oconee

Thompson

Nicholson of Richmond Thurmond

Norman

Turner

Odom

Waller

Ogburn

Weaver

Oliver

Welch

Overby

Wells of Ben Hill

Pannell

Whipple

Park

Wilbanks of Cherokee

Parker

Wilbanks of Habersham

Peck

Williams of Coffee

Pettit

Williams of Gwinnett

Phillips

Williams of Harris

Pirkle

Wilson

Porter

Woodruff

Those voting in the negative were:

Boone

Those not voting were:

Alexander Allison Alwood

Battles Bowen Bridges

Burton Connell Copland

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JOURNAL OF THE HOUSE,

Crummey Culpepper_ Dalton Dunn DuPree Elliott Gavin Goldberg Gowen Graham Grayson Greene of Schley Guerry Hagan Hand Hatchett

Hill of Clarke Howard Jennings of Sumter Jennings of Terrell Jones Kelly of Thomas Kendrick Knabb Livingston Mabry Malone Mavity Mcintosh Miller Moate Moore of Baldwin

Padgett Powell Rees Riddlespurger Roper Sills Smith of Muscogee Smith of Oglethorpe Thomas Thrash Warnock Wells of Telfair Willoughby Wright Yawn Mr. Speaker

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

On the passage of the bill, the ayes were 147, the nays 1.

The bill having received the requisite constitutional two-thirds majority was passed.
SB 174. By Senator Gross of the 31st district:

A bill to be entitled an act to amend section 73-216 of the 1933 Code subsection 3 by changing certain figures and the words United States Government Bureau of Mines and substituting in lieu thereof the words Federal Specifications Board; and for -other purposes.

The following substitute was read and adopted:

A bill to be entitled an act to amend section 73-216 of the Code of Georgia of 1933, relating to the specifications for the sale of gasoline and kerosene in the State of Georgia, by adding to said code section a provision that such specifications may, during the period of the war emergency, be changed by order of the commissioner of revenue; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That there is hereby added to section 73-216 of the Code of Georgia of 1933 a new sub-paragraph to read as follows:

"Provided that the commissioner of revenue under the advice of the state oil chemist may from time to time change any of the specifications relating to gasoline or kerosene sold or offered for sale in the State of Georgia so far as such change may be needful or necessary to cooperate with the other states and with the Government of the United States during the period of the war emergency, and further provided that the commissioner of revenue may restore such specifications to -those

THURSDAY, MARCH 18, 1943

1373

now provided by law as soon as he shall, in his uncontrolled discretion, determine that such action will not interfere with the war effort of the United States. The commissioner of revenue shall effect any change in such specifications by publication of the proposed change in the newspaper in which sheriff's sales are advertised in each county of the state once a week for the two calendar weeks next preceding the effectvie date of such change as set forth in such notice of such change", so that said section as amended shall read as follows:
"73-216. Test of gasoline and oils; specifications; change of specifications. No manufacturer, refiner, vendor, jobber, or wholesaler shall sell, or expose or offer for sale, any gasoline for heating or power purposes, which shall not comply with the following distillation test:
I. Corrosion test. A clean copper strip shall not be discolored when submerged m gasoline for three hours at 122 degrees F.
2. Distillation. When the first drop falls from the end of the condenser, the
thermometer shall not read more than 55 degrees C. ( 131 degrees F.) When 20 per
cent has been recovered in the receiver, the thermometer shall not read more than
105 degrees C. (221 degrees F.)
When 50 per cent has been recovered in the receiver, the thermometer shall
not read more than 140 degrees C. (284 degrees F.)
When 90 per cent has been recovered in the receiver, the thermometer shall not
read more than 200 degrees C. (392 degrees F.)
The end point shall not be higher than 225 degrees C. (437 degrees F.)
At Iea~t 95 per cent shall be recovered as distillate in the receiver from the
distillation.
3. Sulphur. Sulphur shall not be over 0.10 per cent. All the foregoing test shall be made in accordance with the methods for testing gasoline contained in Technical Paper 323A, United States Government Bureau of Mines, Department of Interior."
No manufacturer, jobber, wholesaler, or vendor shall sell, offer, or expose for sale any kerosene oil for use or intended to be used for heating, cooking, or power purposes, which shall not comply fully with the following distillatin test:
I. Color. The color shall not be darker than No. 16 Saybolt.
2. Flashpoint. The flashpoint shall not be lower than 100 degrees F.
3. Sulphur. The sulphur shall not be more than 0.125%.
4. Flock. The flock test shall be negative.
5. Distillation. The end point shall not be higher than 625 degrees F.
6. Cloud point. The oil shall not show a cloud at 5 degrees F.

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JOURNAL OF THE HOUSE,

7. Burning test. The oil shall burn freely and steadily for 16 hours, ir. a lamp fitted with a No. 2 hinger burner.

All of the foregoing tests for llerosene shall be made according to the methods for testing kerosene contained in Technical Paper 323A, United States Government Bureau of Mines, Department of Interior:

Provided, that the comptroller general may from time to time change these specifications to agree with those adopted and promulgated by the United States Government Bureau of Mines: Provided further, that 60 days' notice shall be given all manufacturers, refiners, and jobbers doing business in this state, before any such changes shall become effective.

Provided that the commissioner of revenue under the advice of the state oil chemist may from time to time change any of the specifications relating to gasoline or kerosene sold or offered for sale in the State of Georgia so far as such change may be needful or necessary to cooperate with the other states and with the Government of the United States during the period of the war emergency, and further provided that the commissioner of revenue may restore such specifications to those now provided by law as soon as he shall, in his uncontrolled discretion, determine that such action will not interfere with the war effort of the United States. The commissioner of revenue shall effect any change in such specifications by publication of the proposed change in the newswaper in which sheriff's sales are advertised in each county of the state once a week for the two calendar weeks next preceding the effective date of such change as set forth in such notice of change."

Section 2. 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.

Mr. Littlejohn of Floyd moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Adams Allison Alwood Anderson Baker Bennett Bentley Boynton Branch Brewton Broome Burnside Bynum

Caldwell Campbell of Newton Campbell of Polk Chance Cheshire Cowart Curry Dallis Deal Dorsett Dorsey Drake Dukes

Dunn DuPree Durden Dyal Easler Elliott Ennis Etheridge Ferguson Fortson Foster Fussell Gardner

THURSDAY, MARCH 18, 1943

1375

Gaskins

Kelly of Walker

Gholston

Key

Giddens

Knabb

Gilbert

Littlejohn

Gillis

Looper

Goldberg

Malone

Graham

Mankin

Gray

Martin

Greene of Jones

Mason

Guerry

Mavity

Guyton

Maund

Hand

McCamy

Harden

McCracken

Hardy

Mims

Hart of Quitman

Minchew

Hart of Thomas

Mitchell

Hartness

Moore of Taliaferro

Hatchett

Nicholson of Oconee

Hefner

Nicholson of Richmond

Herndon

Norman

Hightower

Ogburn

Hill of Troup

Oliver

Hogg

Overby

Hooks

Park

Hubert

Parker

Hur)t

Peck

Jennings of Terrell

Pettit

Johnson of Chattahoochee Phillips

Johnson of Pike

Pirkle

Johnston

Those voting in the negative were:

Barfield Brunson Edwards

McEntire McNall Odom

Those not voting were:

Alexander Bates Bargeron Boone Bridges Burton Cannon Cates Clark

Connell Copland Crummey Culpepper Dalton Daves Fisher Gavin Gowen

Pruitt Ray Rees Reynolds Riley Russell Salter Sharpe Sheppard Smiley Smith of Dougherty Smith of Oglethorpe Smith of Washington Sparks Sumner Thompson Thrash Thurmond Turner Waller Weaver Wells of Ben Hill Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris Willoughby Woodruff
Rowland Smith of Muscogee Wilson
Gaston Grayson Greene of Schley Hagan Heard Hicks Hill of Clarke Holley Horne

1376

JOURNAL OF THE HOUSE,

Howard Jennings of Sumter Joiner Johns Jones Kelly of Thomas Kendrick Livingston Mabry Mcintosh Medders Miller Mills Mixon

Moate Moore of Baldwin Padgett Pannell Porter Powell Price Reid Riddlespurger Roper Rossee Roughton Rountree

Sills Smith of Carroll Strickland Swint Thigpen Thomas Warnock Welch Wells of Telfair Williams of Gwinnett Wright Yawn Mr. Speaker

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

On the passage of the bill, by substitute, the ayes were 127, the nays 9.
The bill having received the requisite constitutional majority was passed, by substitute.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolutions of the Senate, to wit:
SR 75. By Senators Atkinson of the 1st, Terrell of the 19th, and others:
A resolution requesting the Governor to negotiate for the acquisition of additional property in the immediate vicinity of the state capitol; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House, to wit:
HB 392. By Messrs. Etheridge and Kendrick and Mrs. Mankin of Fulton:
A bill to amend an act establishing a new charter for the City of Atlanta; and for other purposes.
HB 528. By Messrs. Mixon of Irwin, Cates of Burke and others:
A bill to amend the code relating to "annual registration by motor car-

THURSDAY, MARCH 18, 1943

1377

riers", changing the amount of compensation paid to public serv1ce commission; and for other purposes.
The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 601. By Messrs. Harris, Holley and Nicholson of Richmond:
A bill to be entitled an act to provide for the payment of $15.00 by the person filing petition for divorce in Richmond county at the time of filing the petition; and for other purposes.
The following Senate substitute to HB 601 was read:
A BILL
To be entitled an act to amend code section 24-3406, of the Georgia Code of 1933, fixing the deposits of costs required in divorce cases so as to increase the deposits in certain counties from six ($6.00) dollars to fifteen ($15.00) dollars; and for other purposes.
Be it enacted bv the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1. That from and after the passage of this act code section 24-3406 of the Georgia Code of 1933, entitled, deposits of costs required in divorce cases, be and the same is hereby amended by adding at the end of said section the following:
"In all counties having a population under the last or any future federal census 80,000 inhabitants or over (except Bibb county), all applicant's petition for divorce shall be required to depo~it with the clerk of the superior court, before the filingj of applicant's petition for divorce the sum of fifteen ($15.00) dollars, as costs deposit, instead of six ($6.00) dollars as provided in the original code section.
Section 2. 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.
Messrs. Etheridge of Fulton, and Hubert of DeKalb, moved that the House insist on its disagreement and asked that a Committee of Conference be appointed to confer with a like committee of the Senate and the motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members of the House, to wit:
Messrs. Nicholson of Richmond, Hubert of DeKalb, and Etheridge of Fulton.
Mr. Durden of Dougherty moved that the House recess for one hour and the motion prevailed.

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JOURNAL OF THE HOUSE,

2:00 P. M.
The speaker called the House to order.
The following report of the Committee of Conference appointed on HB 437 was submitted and read:
Mr. President:
Mr. Speaker:
Your Committee on Conference appointed to consider HB 437, have met and recommend to the Senate and House, that the Senate recede from its position, and that HB 437 do pass without Senaate amendment.
Respectfully submitted,
Dean of the 34th, Preston of the 27th, Pope of the 7th, W. L. Broome, H. 0. Hubert, Jr.,
Mell Turner, DeKalb County.
Mr. Broome of DeKalb moved that the House adopt the report of the Committee of Conference on HB 437.
On the motion to adopt the report of the Committee of Conference, the ayes were 109, the nays 0.
The motion prevailed and the report of the Committee of Conference on HB 437 was adopted.
The following resolution was received from the press, read and by unanimous consent ordered filed in the Journal:
SENATE CHAMBER Atlanta
A PRIVY-LEDGED RESOLUTION
WHEREAS, For the past 65 days the members of the working {question mark) press have been struggling to fathom the unfathomable meanings, nuances and innuendos in all the "whereases" and "hereinbefores" of bills completely confusing the said press; and,
WHEREAS, The 257 members of the Georgia General Assembly have been most patient, courteous and considerate in explaining to the press the purpose, intent and meaning of their bills, resolutions, reports and petitions; and,
WHEREAS, The solons (ask Rep. Elliott for definition) also have rendered additional valuable aid by furnishing press copies of their bills, thus saving the

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1379

original bills from complete destruction in the mad scramble of competing newspapers and wire services for the bill first; and,
WHEREAS, The said General ~ssembly is about to adjourn sine die but with full intention of coming back in special session to continue the above referred-to process of introducing unfathomable bills and discussing them at length over raucous loud speakers (Rep. Guyton excepted); now,
Therefore, Be It Resolved, By the press table, the House and Senate demurring, that the members of the press express to the members of the General Assembly their admiration for the eloquence which has flowed so fluidly on the floors of both Houses, and for the remarks which have made headlines.
Be It Further Resolved, That the General Assembly follow the example of the press table by having at least 30 per cent of its members of the feminine sex young and pulchritudinous, i. e., sweater girls, or fellows; and,
Be It Further Resolved, That the members of the press thank the gentlemen from Rabun Gap to Tybee Light (Shakespeare) for confining their criticism of the press to the "big bosses" or the "higher-ups" and to one or less Atlanta newspapers, the little leg boys, and girls, understanding that the most cordial relationship exists between the working press and the legislating solons.
Signed:
The Members of the Press Who Sit at the Press Table.

The following resolution of the House was read and adopted:
HR 173. By Messrs. Harris of Richmond and Durden of Dougherty:
A RESOLUTION
BE IT RESOLVED by the House that the members of the House extend their thanks, appreciation and esteem to the members of the press who have so diligently reported the proceedings of this body from day to day, and extend to each of them our wish for a long life and many more happy sessions.
BE IT FURTHER RESOLVED, That a copy of this resolution be presented to each member of the press who daily sits at the press table in the House.
The following report of the Committee on Conference appointed on HB 11 was submitted and read:
Mr. President:
Mr. Speaker:
Your Committee on Conference appointed on HB 11 recommends that the House recede from its position relating to the amendment offered to sub-paragraph 5, of section 1, of said bill be rewritten so as to read as follows:

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JOURNAL OF THE HOUSE,

"Teacher" shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in the supervision of the public 5chools, or any employee in the state board of education employed in a teaching profession or supervisory capacity or any bona fide teacher or supervisor of teacher employed in any school operated by the state department of education, or any teacher or supervisor of teachers employed and paid by the board of regents of the University System of Georgia and all non-clerical personnel of the Agricultural Extension Service of the University of Georgia. The word teacher shall include school librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the University System, and shall include secretary and treasurer of the board of regents. The board of trustees shall determine in doubtful cases whether any person is a teacher, as defined in this act. In the event the Georgia Education Association and any full-time employees thereof requests the board of trustees to permit the association as employee to make contributions as herein defined to provide retirement benefits for such employee to make contributions as herein defined to provide retirement benefits for such employee to come under the operation of this act as a teacher but the state shall make no contributions on account of such employee. The word teacher shall not be deemed to include any emergency or temporary employee."
Ennis of the 20th, Eubank of the 29th, Lester of the 18th,
On the Part of the Senate.
Caldwell of Troup, Thrash of Coffee, Key of Jasper,
On the part of the House.

Mr. Key of Jasper moved that the House adopt the report of the Committee on Conference on HB 11.
On the motion to adopt the report of the Committee of Conference, the ayes were 109, the nays 0.
The motion prevailed and the report of the Committee on Conference was adopted.
The following report of the Committee of Conference appointed on HB 16 was submitted and read:
Mr. President:
Mr. Speaker: Your Committee on Conference to HB 16 has had under consideration the
differences between the House and the Senate and as to the Senate amendment to such bill and respectively recommend the following:

THURSDAY, MARCH 18, 1943

1381

1. That the Senate recede from its position in adopting the amendment to such bill.
2. That in lieu of such amendment the House and Senate adopt the following amendment to be known as section 1:
"Section 1. A board known as the Agricultural and Industrial Development Board of Georgia is hereby created. The board shall consist of 21 members. The members shall be: The chairman of the board of regents of the University System of Georgia or a member of the board of regents designated by the chairman, the state superintendent of schools, the commissioner of agriculture, the director of public health, the head of the department of conservation, the chairman of the public service commission, and 15 citizens from the state at large appointed by the Governor. In making said appointments the Governor shall select citizens who are fairly representative of the fields of finance, industry, business, agriculture and labor. One of the members shall be appointed chairman of the board by the Governor. The Governor shall fill vacancies for unexpired terms by appointment."
Respectfully submitted,
Lester of the 18th, Pittman .of the 42nd, Arnold of the 26th,
On the Part of the Senate.
Thurmond of Hall, McCracken of Jefferson, Phillips of Columbia,
On the Part of the House.

Mr. Thurmond of Hall moved that the House adopt the report of the Committee of Conference on HB 16.
On the motion to adopt the report of the Committee on Conference, the ayes were 106, the nays 2.
The motion prevailed and the report of the Committee of Conference was adopted.
The following message was received from the Senate through lVIr. Nevin, 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:
HB 606. By Mr. Mims of Miller: A bill to amend section 114-101 of the Code of Georgia by adding thereto

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JOURNAL OF THE HOUSE,

a provision that all employees of the State of Georgia shall be placed under the workmen's compensation laws of Georgia; and for other purposes.
HB 125. By Mr. Daves of Dooly and Hatchett of Meriwether, and others:
A bill to amend state health laws; and for other purposes.
HB 220. By Messrs. Key of Jasper, Harden of Turner and Anderson of Wayne:
A bill to amend the Code of Georgia with referenc!'4to the authority of the secretary of state to employ examiners; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate ms1sts on its amendments to the following bill of the House, and
asks that a Committee of Conference be appointed:
HB 258. By Mr. Fortson of Wilkes: A bill to amend the Code of Georgia by providing that motor vehicle license shall be purchased before April 1 of each year; and for other purposes.
The President has appointed on the part of the Senate: Senators Millican of the 52nd, Griner of the 45th, Ansley of the lOth.
The following message was received from the Senate through Mr. Nevin, the
Secretary thereof:
Mr. Speaker: The Senate has adopted the report of the Committee on Conference on the
following bill of the House, to wit:
HB 251. By Messrs. Hand of Mitchell and Kendrick of Fulton:
A bill to amend an act known as the "Unemployment Compensation Law"; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker: The Senate has passed by substitute by the requisite constitutional majority the
following resolution of the House, to wit:
HR 119. By Messrs. Rossee of Putnam and Crummey of Wilcox: A resolution that the commissioner of agriculture, in his discretion, have the power and authority to promulgate rules and regulations in conformity

THURSDAY, MARCH 18, 1943

1383

with order, rules and regulations issued by the War Production Board relative to textile and paper shipping bags; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the follo~ing bill of the House, to wit:
HB 286. By Messrs. Harden of Turner and Harris of Richmond: A bill to amend an act providing for the issuance of certificates of exemption from the payment of business license tax to holders of disabled veterans' ~icense ; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
The Senate has disagreed to the House amendment to the following Senate bill, to wit:
SB 145. By Senators Gross of the 31st, Atkinson of the lst, and others:
A bill to create and establish a state-wide general election in addition to those elections now provided for under existing laws, to provide how and when held ; and for other purposes.
The following report of the Committee of Conference appointed on HB 251 was submitted and read:
Mr. President:
Mr. Speaker:
Your Committee on Conference on HB 251 having had under consideration the difference between the House and Senate relative thereto do make the following recommendation:
1. That the Senate recede from its position.
2. That the House recede from its position.
3. That the Senate and House adopt a substitute for said bill, said substitute being attached hereto and being identified as "Conference Committee Substitute for HB 251."
Respectfully submitted, Millican of the 52nd district, Arnold of the 26th district, Estes of the 35th district, On the Part of the Senate.

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JOURNAL OF THE HOUSE,

Ray of Warren, Kendrick of Fulton, Elliott of M uscogee,
On the Part of the House.
Conference Committee substitute for HB 251:
AN ACT
To be entitled an act to emand an act known and designated as the "Unemployment Compensation Law", approved March 29, 1937, as amended by an act approved January 25, 1937, and as further amended by an act approved March 21, 1941, to clarify the terms of said act as amended and to provide for the succession of the employment benefit experience record of any employer; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act of the General Assembly of Georgia known and designated as the "Unemployment Compensation Law" approved March 29, 1937, as amended by an act approved January 25, 1936, and as further amended by an act approved March 21, 1941, be and the same is hereby amended as follows, to wit:
Section 1. By adding to sub-section (c) (7) (iv) of section 7 the following:
"Provided, however, that any corporation, partnership, individual or other legal entity, who requires by purchases, merger, consolidation or other means, substantially all of the business or assets thereof, of any employer and who thereafter continues such acquired business shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of section 7 of this act, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is already an employer at the time of such acquisition, the rate of contribution already assigned to him shall continue to be applicable until the time hereinafter stipulated. If ne is not an employer at the time of such acquisition, the predecessor's rate shall continue to apply to the successor unit until the time hereinafter stipulated. In either case, such rates shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the commissioner to compute a rate based upon the combined employment benefit experience records of the predecessor and successor as of June 30 of the calendar year preceedi~g the date of acquisition, subject to the provisions of subsectoin 6 (i) hereof, which rate shall be applicable to the successor from the first day of such calendar quarter until next effective date of contribution rates. Commencing with the next calendar quarter after acquisition the employment experience of the former employer shall he combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be computed on the basis of such combined employment benefit experience record.

THURSDAY, MARCH 18, 1943

1385

The commissioner shall prescribe by regulation the notice to be given to such acquisition,"
So that sub-section (c) (7) (iv) of service 7, when amended shall read as follows:
"The term 'computation date' means December 31, 1941, with respect to rates of contribution applicable to the year, 1942, and June 30 of the preceding year, with respect to rates applicable to the year 1943 and any calendar year thereafter. Provided, however, that any corporation, partnership, individual, or other legal entity, who acquire by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of section 7 of this act and if not already an employer prior to such acquisition shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is not already an employer at the time of such acquisition, the rate of contribution applicable to such time to the predecessor unit shall continue to be applicable to the succesor as to contributions payable based on wages of employees of such acquired unit only, until the time hereinafter stipulated, but if the successor is already an employer at the time of such acquisition, the separate rates of contributions applicable at such time to the predecessor and successor continue to be applicable to the successor until the time hereinafter stipulated. In either case such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the commissioner to compute a rate based upon the combined employment benefit experience record of the predecessor and successor subject to the provisions of sub-section 6 (i) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next computation date hereunder. Commencing with the next calendar quarter after acquisition the employment experience of the former employer and the successor employer shall be combined and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be computed on the basis of such combined employment benefit experience records. The commissioner shall prescribe by regulation the notice to be given of such acquisition".
Se~tion 2. The provisions of this act shall apply to all contributions payable by a successor, regardless of whether or not such successor acquired the business, or assets thereof, from his predecessor prior or subsequent to the effective date of this act.
Section 3. As regards the rates of contribution, the provisions of this act shall become effective as of January 1, 1942, and shall apply to all contributions thereafter payable by an employer affected hereby, as respects business previously or thereafter acquired; however, neither this section, nor any other section of this act, shall be construed to authorize or require the refund of any sums lawfully paid into the trust fund created by section 9 (a) of the original act, or to otherwise use any of the same except to pay unemployment compensation benefits.

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JOURNAL OF THE HOUSE,

Section 4. Be it further enacted by the authority aforesaid and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this act be and the same are repealed.
Mr. Elliott of Muscogee moved that the House adopt the report of the Committee of Conference on HB 251.
On the motion to adopt the report of the Committee of Conference, the ayes were 109, the nays 0.
The motion prevailed and the report of the Committee of Conference was adopted.
The following report of the Committee of Conference appointed on SR 31 was submitted and read:
CONFERENCE COMMITTEE REPORT ON SR 31
Mr. President:
Mr. Speaker:
Your Conference Committee on SR 31 submits this report:
1. We recommend that the House recede from its position on SR 31 and agree to the resolution as passed by the Senate, when amended as follows:
(a) By striking from section 1 of the resolution, as passed by the Senate, all of the language proposed to be inserted in the Constitution as paragraph 1 or section 9 of article 3, and inserting in lieu thereof the following:
"Paragraph 1. Compensation and Mileage. Members of the General Assembly shall each receive the sum of $600.00 for each full term, and a pro-rata portion thereof if serving less than a full term of office, as compensation for attending regular sessions of the General Assembly. For attending extraordinary sessions of the General Assembly, the members shall each receive $8.00 per diem. They shall each receive mileage not to exceed ten cent~ for each mile traveled, by the nearest practicable route, in going to and returning from the capital, to be paid once for each regular or extraordinary session. The President of the Senate and the Speaker of the House of Representatives shall each receive $900.00 for each full term of office, and a pro-rata portion thereof if serving less than a full term of office, as compensation for attending regular sessions of the General Assembly; and $12.00 per diem for attending extraordinary sessions of the General Assembly; they shall receive the same mileage as other members.
(b) By striking section 2 of SR 31, as passed by the Senate.
(c) By striking the caption of said SR 31 and inserting in lieu thereof a new taption as follows:
"A resolution proposing to the people of Georgia an amendment to paragraph I

THURSDAY, MARCH 18, 1943

1387

of section IX of article III of the Constitution of Georgia, fixing the compensation and mileage of members of the General Assembly."
2. We recommend that the Senate and House concur in and agree to the foregoing amendments.
Respectfully submitted,
W. H. Lovett of the 16th district, Walter Harrison of the 17th district, D. J. Arnold of the 26th district,
Conferees on the Part of the Senate.
Durden of Dougherty, Connell of Lowndes,
Conferees on the Part of the House.
Mr. Durden of Dougherty moved that the House adopt the report of the Committee of Conference on SR 31.
On the motion to adopt the report of the Committee on Conference, the ayes were 103, the nays 5.
The motion prevailed and the report of the Committee on Conference was adopted.
The following report of the Committee on Conference appointed on HB 258 was submitted and read:
:Mr. President and Mr. Speaker:
Your Committee on Conference on HB 258 begs to submit the following report: That the House recede from its position and accept the Senate amendment.
On the Part of the Senate: Griner of the 45th district, Ansley of the lOth district, Millican of the 52nd district.
On the Part of the House: Mrs. John B. Guerry of Macon, Guyton of Effingham, Ben W. Fortson, Jr., of Wilkes.
Mr. Fortson of Wilkes moved that the House adopt the report of the Committee of Conferenc on HB 258.
On the motion to adopt the report of the Committee of Conference, the ayes were 108, the nays 1.
The motion prevailed and the report of the Committee of Conference was adopted.

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JOURNAL OF THE HOUSE,

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

Mr. Speaker:

The Senate has disagreed to House Substitute to the following bill of the Senate and respectively asks that a Committee on Conference be appointed:

SB 174. By Senator Gross of the 31st:

A bill to amend section 73-216 of the code of 1933, by striking the words "United States Government Bureau of Mines", and substituting the words "Federal Specifications Board"; and for other purposes.

The president has appointed on the part of the Senate:

Senators: Millican of the 52nd, Ansley of the lOth, and Arnold of the 26th.

The following message was re.ceived from the Senate through Mr. Nevin, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills

and resolutions of the House to wit:

'

HB 125. By Messrs. Daves of Dooly, Hatchett of Meriwether, and Weaver of Bibb:
A bill to amend the State Health Laws; and for other purposes.

HB 137. By Mr. Looper of Dawson:

A bill to penalize any person who shall receive another into any house, or other structure, for the purpose of prostitution; and for other purposes.

HB 162. By Messrs. Thigpen of Glascock, Fortson of Wilkes and Clark of Catoosa:
A bill to amend an act to provide for ballots in election other than primary elections; and for other purposes.

HB 164. By Messrs. Thigpen of Glascock, Fortson of Wilkes and Clark of Catoosa:
A bill to amend the code, providing for primary election in general; and for other purposes.

H B 182. By Messrs. Alexander and Grayson of Chatham:
A bill to authorize the recovery of attorney's fees and expenses by persons who are named as executors in wills which are contested ; and for other purposes.

THURSDAY, MARCH 18, 1943

1389

HB 204. By :Messrs. Smith and Reid of Carroll:
A hill relating to voting; to provide for selection of a freeholder to aid any person who cannot read the English language to vote; and for other purposes.
HB 337. By Messrs. McCracken of Jefferson, Phillips of Columbia, McNall of Chatham:
A hill to regulate the sale of hunting and fishing licenses; and for other purposes.
HB 340. By Mr. Mixon of Irwin:
A bill to provide that no court shall discriminate against any person because of his illegitimate birth; and for other purposes.
HB 391. By Messrs. Weaver of Bibb, Connell of Lowndes and Dorsey of Cobb:
A hill to authorize administrators, executors or other trustees to convey rights of way and easements; and for other purposes.
HR 73. By Mr. Etheridge of Fulton:
A resolution to appropriate to the Stocks Coal Company the sum of $76.64; and for other purposes.
HR 92. By Messrs. Copland, Smith, Elliot of Muscogee and Durden of Dougherty: A resolution to amend paragraph 1, section 16, of article 6 of the constitution of the State of Georgia; and for other purposes.
HR 103. By Messrs. Weaver, Wilson, and Barfield of Bibb, and others: A resolution to provide for the payment of funeral expenses incurreq by the widow of Fred Black; and for other purposes.
HR 133. By Messrs. Jennings of Terrell, Durden and Smith of Dougherty and others: A resolution providing for the payment of benefits to Mrs. J. D. Bridges, and for other purposes.
HR 141. By Messrs. Rossee of Putnam and Cannon of Rockdale: A resolution requesting Congress to establish a Pharmacy Corps m the United States Army.
HR 153. By Messrs. Ennis and Moore of Baldwin: A resolution to appropriate to the mayor and aldermen of the City of Milledgeville the sum of $12,900.30; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 157. By Messrs. Harris of Richmond and Durden of Dougherty:
A resolution authorizing the revenue commissioner to use stamps for indica-. tions of payment of tax on beverages; and for other purposes.
HR 146. By Messrs. Grayson of Chatham and Durden of Dougherty:
A resolution providing that neither the State of Georgia or political subdivision shall maintain any civil service which fails to provide for honorably discharged veterans of any war; and for other purposes.
Mr. Key of Jasper moved that the House insist on its substitute for the following bill of the Senate and that a Committee of Conference be appointed to confer with a like Committee of the Senate and the motion prevailed:
SB 174. By Senator Gross of the 31st district:
A bill to be entitled an act to amend section 73-216 of the 1933 code subsection 3 by striking certain figures and words; and by inserting the words federal specifications board; and for other purposes.
Under the provisions of the motion of Mr. Key of Jasper, the speaker appointed as a Committee of Conference on the part of the House the following members of the House to wit:
Messrs. Key of Jasper, Littlejohn of Floyd, and Gardner of Mitchell.
Under the order of business established by the Committee on Rules the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:
SB 96. By Senators Atkinson of the 1st, Pope of the 7th, Forester of the 44th, Simmons of the 8th, and Kennedy of the 2nd district:
A bill to be entitled an act to fix the time of holding primary and general elections in Georgia; and for other purposes.
The following substitute was read and adopted:
By Mr. Reynolds of Clayton:
An Act to be entitled an Act to provide for the hours of holding all general elections in the State of Georgia; to provide the time of opening and closing of the polls; to repeal conflicting laws; and for other purposes.
Section l. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the passage of this Act the hours for holding all general, special and primary elections in the State of Georgia shall be from 7 :00 o'clock A.M. to 6 :00 o'clock P.M., according to the legal time prevailing in the State of Georgia, at all of the polling places where said elections

THURSDAY, MARCH 18, 1943

1391

are held. Provided that in counties of over 200,000 population, according to the 1940, or any future census the hours of said elections shall be from 7 :00 o'clock A.M. to 7:00 P.M. at all polling places in said counties, according to the legal time prevailing in the State of Georgia.
Section 2. Be it further enacted by the authority aforesaid that the provisions of this Act shall not apply to municipal elections.
Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 109, the nays 13. The bill having received the requisite constitutional majority was passed, by substitute.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 528. By Messrs. Mixon of Irwin, Cates of Burke, Phillips of Columbia, and McCracken of Jefferson:
A bill to be entitled an act to amend section 68-623 of the 1933 code so as to provide that compensation to members of the public service commission derived from fees shall be changed; and for other purposes.
The following Senate amendment was read:
Senators Lester of the 18th and Eubank of the 29th move to amend HB 528 by striking the figures one hundred and seventy-five ($175.00) dollars in the twenty first line of section marked 68-623 and substituting in. lieu thereof the word seventy-five ($75.00) dollars.
:Mr. McCracken of Jefferson moved that the House adopt the Senate amendment to HB 528.
On the motion to adopt the Senate amendment to HB 528, the ayes were Ill, the nays 0.
The motion prevailed and the Senate amendment to HB 528 was adopted.
The following report of the Committee of Conference appointed on HB 601 was submitted and read:
Mr. President:
l\1 r. Speaker:
Your Commhtee of Conference on HB 601 having had under consideration the difference between the House and Senate relative thereto do make the following recommendation:

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JOURNAL OF THE HOUSE,

1. That the Senate recede from its position.
2. That the House recede from its position.
3. That the Senate and House adopt a substitute for said bill, said substitute being attached hereto and being identified as "Conference Committee Substitute for HB 601."
Respectfully submitted,
Lester of the 18th Atkinson of the 1st Dean of the 34th
On the part of the Senate.

Nicholson of Richmond Hubert of DeKalh Etheridge of Fulton
On the part of the House.

Conference Committee Substitute for HB 601:
A BILL
To he entitled an act to amend code section 24-3406, of the Georgia code of 1933, fixing the deposits of costs required in divorce cases so as to increase the deposits in certain counties from six ($6.00) dollars to fifteen ($15.00) dollars; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That from and after the passage of this Act Code Section 24-3406 of the Georgia Code of 1933, entitled Deposits of Costs required in Divorce Cases, he and the same is hereby amended by adding at the end of said section the following:
"In all counties having a population under the last or any future federal census of not less than 81,000 and not more than 82,000, and in all counties having a population under the last or any future federal census of not less than 117,000 and not more than 218,000, all applicants for divorce shall he required to deposit with the Clerk of the Superior Court, before the filing of applicant's petition for divorce the sum of Fifteen ($15.00) Dollars, as costs deposit, instead of six ($6.00) Dollars as provided in the original Code Section.
Section 2. Be it brther enacted by the authority of the aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Hubert of DeKalb moved that the House adopt the report 'of the Committee of Conference on HB 601.

THURSDAY, MARCH'18, 1943

1393

On the motion to adopt the report of the Committee of Conference, the ayes were 111, the nays 0.
The motion prevailed and the report of the Committee of Conference was adopted.
The following bills and resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:
HR 20-73A. By Mr. Etheridge of Fulton:
A resolution to appropriate funds to pay American Coolair Corporation for goods sold to the state; and for other purposes.
The following Senate amendment was read:
Senator Millican of 52nd moves to amend HR 20-73A as follows:
By striking the last paragraph of said resolution in its entirety and inserting a new paragraph in lieu thereof to read as follows:
"Now therefore, Be it resolved by the General Assembly of Georgia that there is hereby appropriated from the Legislative fund the amount of $1500.00, which said amount the budget authorities of the State are authorized to make available for the purpose of paying and to pay the said amount to the American Coolair Corporation for the purchase of said fans, in the event the financial condition of the State warrants."
Mr. Etheridge moved that the House adopt the Senate amendment to HR 20.
On the motion to adopt the Senate amendment to HR 20, the ayes were 111, the nays 0.
The motion prevailed and the Senate amendment to HR 20 was adopted.
HB 208. By Messrs. Connell of Lowndes, Smith of Carroll, Sharpe of Toombs, and Fortson of Wilkes:
A bill to be entitled an act to provide for equal taxation on all property except property held by religious or eleemosynary institutions and to prevent the holding of property in Georgia that is tax free; and for other purposes.
The following Senate amendments were read:
Senator Bloodworth of the 22nd district moves to amend HB 208 by inserting in next to the last line of section one and immediately after the words "church worship" the following; "and any church pastorum owned by the church and occupied by the pastor" and amend the caption accordingly.
Mr. Harris of Richmond moved that the House adopt the Senate amendment to HB 208.

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On the motion to adopt the Senate amendment to HB 208, the ayes were 107, the nays 0.
The motion prevailed and the Senate amendment to HB 208 was adopted.
Senator Harrison of the 17th district moves to amend HB 208 by adding after the words in section one: "In competition with property privately owned and taxed, and/or property privately owned, both persons, partnerships and/or corporations, where used within the channels of commerce and from which there is derived revenue and profits", the words "shall be assessed for all taxation purposes on a valuation of 60 per cent of its actual value."
Mr. Harris of Richmond moved that the House adopt the Senate amendment to HB 208.
On the motion to adopt the Senate amendment to HB 208, the ayes were 110, the nays 0.
The motion prevailed and the Senate amendment to HB 208 was adopted.
Senator Brock of the 37th district moves to amend HB 208 by adding in the first section thereof after the words "buildings erected and used as a college" the words "and lands used in connection with such college and buildings and lands used in connection with agricultural experiment stations of the State of Georgia or any of its agencies."
Mr. Harris of Richmond moved that the House adopt the Senate amendment to HB 208.
On the motion to adopt the Senate amendment to HB 208, the ayes were 104, the nays 0.
The motion prevailed and the Senate amendment to HB 208 was adopted.
Senator Lester of the 18th district moves to amend HB 208 in the following manner:
In the last sentence of the caption thereof, after the words "housing authorities created under authority of the law of Georgia" and the following: "and all property thereof and all property included in housing projects owned by the federal government and federal, state, county or municipally owned recreational property, packing plants, abattoirs, and cemeteries."
At the end of Section 1 of said House bill strike out the period and add the following: "including all property thereof and all property included in housing projects owned by the federal government and federal, state, county, or municipally owned recreational property, packing plants and cemeteries."
Mr. Harris of Richmond moved that the House adopt the Senate amendment to HB 208.

THURSDAY, MARCH 18, 1943

1395

On the motion to adopt the Senate amendment to HB 208, the ayes were 105, the nays 1.
The motion prevailed and the Senate amendment to HB 208 was adopted.
HB 220. By Messrs. Key of Jasper, Harden of Turner and Anderson of Wayne:
A bill to be entitled an act to amend the section 97-202, and section 97-302 of the code of 1933, to provide that the Secretary of State may issue licenses or permits for the sale of securities to an issuer; and for other purposes.
The following Senate amendment was read:
Senator Jones of the 3rd district, moves to amend HB 220 by adding at the end of section 1 the following proviso:
"Provided, however, that the salary of the chief examiner shall not exceed three hundred and fifty ($350.00) dollars per month.
l\1r. Key of Jasper moved that the House agree to Senate amendment to HB 220.
On the motion to adopt Senate amendment to HB 220, the ayes were 104, the nays 0.
The motion prevailed and the Senate amendment to HB 220 was adopted.
HB 407. By Mr. Chance of Twiggs:
A bill to be entitled an act to require the state highway department to require the burning off of all shoulders in forest; and for other purposes.
The following Senate substitute was read:
By Senators Atkinson of the 1st and Terrell of the 19th:
A BILL
To protect and preserve timber lands and natural resources, to prevent forest fires, to authorize the State Highway Department to burn shoulders of highways under State Supervision, and to protect adjoining lands from such burning operations; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That it is the purpose of this Act to protect and preserve the timber lands and natural resources of this State. To prevent forest fires originating on shoulders of State Highways.
Section 2. The State Highway Department is hereby authorized, with the approval of adjoining land ow'ners, to burn off the shoulders of all highways under its supervision, at such times and in such areas as may be designated by the Georgia

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Forestry Commission or any successor Commission. Any burning under this Act shall be supervised in such manner as to prevent the spreading of fires therefrom.

Section 3. This Act shall not apply to any highways that have been beautified

by the federal, state or local government, or where the county authorities object

to such burning.



Section 4. That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed.

Mr. Chance of Twiggs moved that the House adopt the Senate substitute for HB 407.
On the motion to adopt the Senate substitute for HB 407, the ayes were 119, the nays 0.
The motion prevailed and the Senate substitute for HB 407 was adopted.

HB 392. By Messrs. Etheridge and Kendrick, Mrs. Mankin of Fulton:

A bill to be entitled an act to amend the charter of the City of Atlanta so as to authorize the mayor to administer the oath of office to the members of the City Council; and for other purposes.

The following Senate amendment was read:

Senator Millican of the 52nd district moves to amend HB 392 by adding a new section to be known as section 2A.

Section 2A. That the successors to the following officers of the City of Atlanta, heretofore elected by vote of the people, shall, from and after the passage of this Act, be elected by the Mayor and General Council of Atlanta. To that end the following sections of the Code of the City of Atlanta of 1942 are amended as follows:

Section 19-401, relating to the Tax Collector, is amended by striking the words "by the people" and inserting in lieu thereof the words "by the Mayor and General Council." The term of the present Tax Collector is extended to February 28, 1945, his successor to be elected on the first Monday in January, 1945.

Section 6-214, relating to the City Treasurer, is amended by striking the words "by the people" and inserting in lieu thereof the words "by, the Mayor and General Council." The term of the present City Treasurer is extended to March 31, 1945, and his successor shall be elected on the first Monday in February, 1945.

Section 6-210, relating to the office of Building Inspector, is amended by striking the words "by vote of the people" and inserting in lieu thereof the words "by the Mayor and General Council of the City." The term of the present Building Inspector is extended to April 30, 1945, and his successor shall be elected on the first Monday in March, 1945.

Section 6-201, relating to the office of the City Comptroller, is amended by striking the words "by the people" and inserting in lieu thereof the words "by the

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1397

Mayor and General Council". The term of the present City Comptroller is extended to July 31, 1945, and his successor shall be elected on the first Monday in June, 1945.
Section 6-218, relating to the Superintendent of Electrical Affairs, is amended by striking therefrom the words "by the qualified voters of the City" and inserting in lieu thereof the words "by the Mayor and General Council of the City". The term of the present Superintendent of Electrical Affairs is hereby extended to May 31, 1945, and his successor shall be elected on the first Monday in April, 1945.
Section 6-206, relating to the office of Chief of Construction, is hereby amended by striking therefrom the words "by the qualified voters of the City" and inserting in lieu thereof the words "by the Mayor and General Council of the City". The term of the present Chief of Construction is extended to June 30, 1945, and his successor shall be elected on the first Monday in May, 1945.
Mr. Etheridge of Fulton moved that the House adopt the Senate amendment to HB 392.
On the motion to adopt the Senate amendment to HB 392, the ayes were 105, the nays 0.
The motion prevailed and the Senate amendment to HB 392 was adopted.
HB 112. By Messrs. Connell of Lowndes, Bynum of Rabun, Gilbert of Glynn, and Allison of Gwinnett:
A bill to be entitled an act to authorize and provide the effect of filing for record certified copies of recorded instruments; and for other purposes.
The following Senate substitute was read:
A bill to be entitled an Act to authorize, and provide the effect of, recording certified copies of recorded instruments 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 the same, That:
Section 1. A copy from the registry of any instrument, conveying or affecting land in any county of this State and recorded in the office of the Clerk of the Superior Court of such county, if duly certified by such clerk, may be filed for record and recorded in the office of the Clerk of the Superior Court of any other county where some of the land conveyed or affected by such instrument lies in the same manner and with the same force and effect for all purposts as if such certified copy were the original instrument; Provided, an affidavit is attached to such certified copy and recorded with it, in which the affiant says that he owns an interest in property affected by such instrument, that the original instrument has been lost or destroyed and that he verily believes that the original instrument WlJS genuine.
Section 2. All laws and parts of laws in conflict. herewith be and the same are hereby repealed.

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Mr. Gilbert of Glynn moved that the House adopt the Senate substitute for HB 112.
On the motion to adopt the Senate substitute for HB 112, the ayes were 105, the nays 0.
The motion prevailed and the Senate substitute for HB 112 was adopted.
HB 454. By Mr. Fisher of Jeff Davis:
A bill to be entitled an act to constitute all commissioned officers of all branches of the armed forces of the United States as ex-officio notaries public of the State of Georgia for persons situated without the territorial limits of the United States; and for other purposes.
The following Senate amendment to HB 454 was read.
Senator Atkinson of the 1st district moves to amend HB 454 by striking therefrom section 1 and inserting in lieu thereof the following:
Section I. That all commissioned officers of all branches of the armed services of the United States of America are hereby constituted ex-officio notaries public of the State of Georgia, and as such are authorized, within and without the State of Georgia and within and without the United States of America, to administer oaths, take acknowledgments, and attest instruments conveying or affecting property in Georgia. Acts performed by such officers as herein authorized shall have the same effect as if performed within the State of Georgia by notaries public of the State of Georgia. A statement of his rank following the signature of any such officer shall evidence the fact of his rank, and no seal shall be necessary.
Mr. Fisher of Jeff Davis moved that the House adopt the Senate amendment to HB 454.
On the motion to adopt Senate amendment to HB 454, the ayes were 111, the nays 0.
The motion prevailed and the Senate amendment to HB 454 was adopted.
HB 606. By Mr. Mims of Miller:
A bill to be entitled an Act to amend Section 114-101 of the Code of Georgia by adding thereto a provision that all employees of the State of Georgia shall be placed under the Workmen's Compensation Laws of Georgia; and for other purposes.
The following Senate amendment to HB 606 was read:
The Committee on Industrial Relations of the Senate amends HB 606 by inserting in the caption the words "to provide that the provisions of this Act so far as concerns the State of Georgia, and all departments thereof shall include all compensible accidents which occurred on, before, or after February 1, 1943; to ratify and confirm any and all payments heretofore made by any department of the State

THURSDAY, MARCH 18, 1943

1399

of Georgia under the terms of the Workmen's Compensation Law and to provide for the continued payment of all awards heretofore made which have been discontinued by reason of the said State not bt>ing included in the definition "Employer" in the original Act; to provide that any Section of this Act is declared to be unconstituional; the remainder shall not be affected;" just before the words "and for other purposes;" and by adding a new Section immediately after Section one, to be appropriately numbered and to be known as Code Section 114-l01a of the Georgia Code of 1933, which said Section shall read as follows:
"Section 2. That a new Section be added to the Georgia Code of 1933 immediately following section 114-101, to be known as Section 114-l01a which said new Section shall read as follows:
Section 114-l01A, So far as concerns the State of Georgia or any Department thereof which has been operating under the terms of the Workman's Compensation Law, said State and such departments thereof shall be deemed to have been included in the original act under definition of "Employer". Any payments heretofore made under awards of the Industrial Board to State Employees are hereby ratified and confirmed and any payments of awards which were being made by the State or any of its departments on or before February 1, 1943, but discontinued on account of the State and its Departments not being included in any definition of "Employer" shall be resumed as of the date of discontinuance, and compensible accidents which occurred prior to the passage of this Act for which awards were not made but for which awards are hereafter made, shall be paid by said State or the Departments thereof in the same manner as other awards heretofore or the departments thereof in the same manner as other awards heretofore made.
By inserting a new paragraph to be appropriately numbered and to read as follows: Section 3. Should any portion of this Act be declared to be unconstitutional such declaration shall not void the remainder of the Act, but such portions as are not specifically declared to be unconstitutional shall continue in full force.
Mr. Mims of Miller moved that the House adopt the Senate amendment to HB 606.
On the motion to adopt the Senate amendment to HB 606 the ayes were 106, the nays 0.
The motion prevailed and the Senate amendment to HB 606 was adopted.
The following report of the Committee of Conference appointed on SB 43 was submitted and read:
Mr. President:
Mr. Speaker:
Your committee on conference to consider SB 43 "an Act authorizing the Superior Courts and the Courts of Ordinary to hear and determine the time and place of birth of persons on petition for establishment of birth certificates, giving

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JOURNAL OF THE HOUSE,

residence and certified copy of the judgment of court and filing with the permanent records of the State Department of Health" beg to submit the following report:
1. That both the House and Senate recede from their position.
2. That both House and Senate adopt substitute written by conference committee (attached hereto) for SB 43.
On the part of the Senate: Millican of the 52nd Atkinson of the 1st Lester of the 18th.
On the part of the House: Gowen of Glynn county McCracken of Jefferson county Smith of Muscogee county.
Conference committee substitute to SB 43:
An Act to provide ,for the filing of a petition to the Superior Court or the Court of Ordinary by any person desirous of establishing the time and place of his birth, and of securing the issuance of a certificate of birth; to provide for the contents of said petition; to provide that the petitioner must have been a bona fide resident of the State of Georgia for at least six months prior to the filing of said petition; to provide filing of affidavit covering advertising by petitioner in newspaper; to set cost of advertising; to provide for a hearing on said petition and the evidence to be submitted at such hearing; to provide for the issuance of a judgment determining the time and place of petitioner's birth; to provide that the ordinary may delegate his duties and authority under the terms of this act to any lawful deputy of such ordinary or to such other person as the ordinary may designate, after such person has first been approved by the state department of public health; to provide for the cost of proceedings under the terms of this act; to provide for the filing of judgments rendered hereunder in the office of the ordinary of the county where the same are issued, and to require the keeping of an index of such judgments; to provide for the filing of a certified copy of said judgments with the state department of public health; to provide that said judgments and certified copies thereof shall have the same force and effect as birth certificates from a local registrar under the provisions of existing law; to provide for the repeal of laws or parts of laws in conflict herewith; and for other purposes.
BE IT ENACTED by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows:
Section 1. THE PETITION: Any person desirous of establishing the time and place of his or her birth and of securing the issuance of a birth certificate, where such person was born prior to the year 1919 or where a registration of such person's

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1401

birth is not on file with the State Department of Public Health, may present a petition to the Superior Court or to the Court of Ordinary of the County of such person's residence or birth. The petition shall be on a form to be prescribed by and shall contain such information as may be required by the State Department of Public Health under the rules and regulations which may be promulgated from time to time by the State Department of Public Health.
Section 2. RESIDENCE OF APPLICANT: The applicant, if born outside of the State of Georgia, must have been a bona fide resident of the State of Georgia for at least 6 months prior to the filing of the petition herein provided for, and this act shall be proved by an affidavit from two freeholders in the county of the applicant's residence, or if the applicant has not been a resident of the State of Georgia for at least six months he must present an affidavit from a bona fide resident of Georgia, stating that applicant's services are needed in a war activity in the State of Georgia.
Section 3. FILING OF AFFIDAVIT: Every applicant shall file with his petition an affidavit from the publisher or a representative of the publisher of the official organ publishing sheriff's advertisements in the county in which said petition is filed, or, if no newspaper is published in such county, then of a newspaper of general circulation in an adjoining county, which affidavit shall state that the applicant has deposited with such publisher a sufficient sum of money to pay for publishing in one issue of such newspaper a notice which shall contain the name of the petitioner, the purpose for which the petition is filed, and the date that said petition was filed. The cost of publishing said notice shall not exceed the sum of one dollar and twentyfive cents. The hearing on the petition and the entering of judgment under the terms of this act shall not be delayed due to notice not having been published, but said notice shall be published in the earliest edition possible of said paper after such notice has been filed for publication.
Section 4. HEARING; EVIDENCE; JUDGMENT: The petition to establish the time and place of the applicant's birth and t!J secure the issuance of a birth certificate may be had at any time, either in term or vacation, by the court to which such petition is made. Upon the hearing the applicant shall submit such evidence as may be, from time to time, prescribed by the rules and regulations of the State Department, of Public Health. The hearing shall be had as promptly as possible after the filing of the petition. The judge of the superior court, ordinary, or other person authorized by the ordinary, shall pass upon all issues of fact and law, unless a jury trial shall be demanded by the applicant or by any contestant of the applicant's petition. If a jury trial is requested, the judge of the superior court, ordinary, or other person as the case may be, shall cause the matter to be referred to a }iury at the term of court which may be then in session, or at the next term of the court. Upon the termination of the hearing, whether before a jury, before a judge of the superior court, before an ordinary, or before some other person authorized to act under the terms of this act, the officer holding such hearing shall make and enter a j~dgment as to the status of the applicant, as to the time and place of the applicant's birth, and such other matters as may be prayed by the applicant or as may be required by the rules and regulations of the State Department of Public Health.

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Section 5. DELEGATION OF AUTHORITY BY ORDINARY: Any ordinary of this state may delegate his duties and authority, under the terms of this act, to any lawful deputy of such ordinary or to any such other person as the ordinary may designate, and deputize, after such person has first been approved by the State Department of Public Health. Any such person to whom such authority is delegated by the ordinary may act as fully and completely hereunder as the ordinary himself might act, and the findings and rulings of such persons shall have the same force and effect as if such findings and rulings had been made by the ordinary, as herein provided.
Section 6. When a judgment is issued under the terms of this act, determining the time and place of the applicant's birth, a copy of such judgment shall be filed in the office of the ordinary of the county in which such judgment is rendered, and the ordinary shall keep an indexed record to be known as birth certificate record, and shall enter thereon the proper index of such judgment. A certified copy of such judgment shall be transmitted by the court issuing the same to the State Department of Public Health, and shall be filed as a permanent record with the Bureau of Vital Statistics with the same force and effect as a certificate of birth from a local registrar under the provisions of existing law. A filing fee of fifty cents shall be transmitted with each such certified copy to the State Department of Public Health as a filing fee to be used by the Georgia State Department of Public Health in the administration of this act.
Section 7. The applicant shall pay, upon the filing of the petition herein provided for, when such petition is filed to the ordinary or other person delegated by the ordinary, an examination fee of two dollars ($2.00), and the filing fee of fifty cents to be paid to the State Department of Public Health, or a total cost of two and 50/100 dollars ($2.50). The applicant shall pay to the ordinary or to the State Department of Public Health, as the case may be, an additional fee of fifty cents for each certified copy of the judgment desired by the applicant. Where the petition is filed to the superior court the .cost of such proceeding shall be charged to and paid by the petitioner as other costs in the superior court are assessed, which costs shall include the fee of fifty cents for filing with the State Department of Public Health.
Section 8. All laws or parts of laws in conflict herewith are hereby repealed.
Mr. McCracken of Jefferson moved that the House adopt the report of the Committee of Conference on SB 43.
On the motion to adopt the report of the Committee on Conference, the ayes were 105, the nays 1.
The motion prevailed and the report of the Committee of Conference was adopted.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:

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1403

Mr. Speaker:
The Senate has concurred m the House substitute to the following bill of the Senate, to wit:
SB 96. By Senators Atkinson of the 1st, Pope of the 7th, and others:
A bill to fix the time for general and primary elections in Georgia; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 145. By Senators Gross of the 31st, Atkinson of the 1st, Pope of the 7th, Lester of the 18th, Raynor of the 4th, Forester of the 44th, and Dean of the 34th districts:
A bill to be entitled an act to amend existing laws relative to general elections so as to provide for the holding of an August general election on the first Tuesday after the first Monday in August 1943 and biennially thereafter; and for other purposes.
The following House amendment was read:
Messrs. Smith of Carroll and Caldwell of Troup move to amend SB 145 as follows: "Provided, however, that nothing contained in this bill shall require any solicitor general, or solicitor of any city court who has been appointed within six months prior to the approval of this bill to run in the first election held under the provisions of this bill.
Mr. Harris of Richmond moved that the House recede from its amendment to SB 145.
On the motion to recede, the ayes were 105, the nays 1.
The motion prevailed and the House receded from its amendment to SB 145.
The following bills and resolution of the House were taken up for the purpose o~ considering the Senate amendments and substitutes thereto:
H R 119. By Messrs. Rossee of Putnam and Crummey of Wilcox:
A resolution that the commissioner of agriculture shall have power and authority to promulgate rules and regulations in conformity with the rules and regulations of the War Production Board relative to the shipping bags used; and for other purposes.
The following Senate substitute was read:
COMMITTEE SUBSTITUTE FOR HOUSE RESOLUTION NO. 119
The Committee of the Senate on State of the Republic submits the following as a substitute to HR 119, to wit:

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WHEREAS, It is represented to the General Ass"embly of Georgia that the War Production Board has issued an order in conflict with the laws of Georgia relating to shipping bags used for merchandise; the following resolution is adopted in an effort to cooperate with the War Production Board:

Therefore, Be it hereby resolved by the House of Representatives, the Senate concurring, that the commissioner of agriculture, State of Georgia, shall have power and authority to suspend any law of the state administered by the Department of Agriculture, relative to the weight, capacity and content of merchandise shipping bags that may be in conflict with the orders, rules or regulations of the War Production Board. This resolution shall he effective during the present national emergency.

Mr. Crummey of Wilcox moved that the House adopt the Senate substitute for HR 119.

On the motion to adopt the Senate substitute for HR 119, the ayes were 109,

the nays 0.

'

The motion prevailed and the Senate substitute for HR 119 was adopted.

HB 513. By Mr. Gowen of Glynn:

A bill to be entitled an act to amend an act of the General Assembly of 1941 by providing for a new birth certificate for adopted children; and for other purposes.

The following Senate amendment was read:

Senator Pittman of the 42nd district, moves to amend HB 513 by adding between the words "if" and "within" in the lines 17 and 18 in section 2 thereof the words "born within the State of Georgia."

Mr. Gowen of Glynn moved that the House adopt the Senate amendment to HB 513.

On the motion to adopt the Senate amendment to HB 513, the ayes were 109, the nays 1.

The motion prevailed and the Senate amendment to HB 513 was adopted.

HB 286. By Messrs. Harden of Turner and Harris of Richmond:
A bill to be entitled an act to amend the act licensing disabled veterans so as to include veterans of the present war; and for other purposes.

The following Senate substitute was read:

SUBSTITUTE FOR HOUSE BILL NO. 286

A BILL
To be entitled an act to amend an act approved March 15, 1935 (Georgia Laws 1935, pages 163-166) providing for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders

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1405

of disability veterans license; to establish rules of eligibility for certificates of exemption from the payment of such license tax; to make veterans of the present war eligible for certificates of exemption along with veterans of the first World War; to provide that no veteran shall receive a certificate of exemption for the operation of more than one place of business; to restrict and limit the use of veterans certificates of exemption to veterans as herein classified; to provide a penalty for the violation of this act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME, That an act approved March 15, 1935 (Georgia Laws 1935, pages 163-166) providing rules of eligibility for applicants for disabled veterans' license and for the issuance of certificates of exemption from the payment of peddlers and business license tax to holders of disabled veterans license be, and the same is, hereby amended as follows:
Section l. By striking the word "federal" appearing in the second clause in the first sentence of said section 1 and inserting in lieu thereof the word "state."
Section 2. By further amending section 1 of said act by striking the period appearing at the end of the first sentence and inserting in lieu thereof a semicolon, and adding immediately following said semicolon the following clause:
" ... or that some part of his, or her, service was rendered between December 7, 1941, and that date which is fixed by proclamation of the President of the United States as the date of termination of the present war against the Axis powers."
So that said Section 1 of said act when amended will read as follows:
"Section 1. Provided further that no veteran shall be entitled -to a license to peddle or conduct business under this section until it has been made to appear to the issuing authority that the veteran making application therefor is suffering from a physical handicap disabling to the extent of twenty-five per centum, or more; that the total income of such veteran is such that he is not liable for the payment of state income tax; and that his services, or some part thereof, was rendered during a war period as defined by an act of the Congress of the United States approved March 20th, 1933, entitled 'An Act to Maintain the Credit of the United States' and commonly known as Public No. 2, 73rd Congress; or that some part of his, or her, service was rendered between December 7, 1941, and that date which is fixed by proclamation of the President of the United States as the date of termination of the present war against the Axis powers. Proof of such twenty-five per cent (25%) disability before the ordinaries shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Veterans Administration stating the degree of disability.
Section 3. All veterans eligible for a veterans' certificate of exemption to be issued by the state revenue commissioner shall state in their application filed with the state revenue commissioner the kind of business to be operated and the place where

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such business is proposed to be carried on, and only the business described in the application shall be exempted from the payment of state, county and municipal taxes, and no veteran shall operate in his own name any other business than that described in his application filed with the state revenue commission as herein provided.
Section 4. Any veteran receiving a certificate of exemption from the state revenue commissioner shall not allow the use of his name or the use of his certificate by any other person for carrying on any business or profession in this state for the purpose of avoiding any tax levied by the state or any county or municipality in this state, and any veteran allowing his certificate of exemption to be used in violation of this provision shall be subject to having his certificate cancelled by the state revenue commissioner; and any person attempting to operate any business or profession under a veterans' certificate of exemption who is not the true and lawful holder of such certificate shall be guilty of a misdemeanor and shall, upon conviction, be punished as for a misdemeanor.
Section 5. Be it further enacted by the authority aforesaid that the state revenue commissioner, upon request of the mayor or other executive officer of municipalities of this state, shall furnish such municipalities of this state with information as to the payment of income taxes by applicants for veterans' exemption under the terms of this bill and further provided that before such applicant shall receive such exemption, he shall be required to make an affidavit before the ordinary that he is not subject to nor pays any income taxes to the State of Georgia.
Section 6. All laws and parts of laws in conflict with this act be and the same are hereby repealed.
Mr. Harden of Turner moved that the House adopt the Senate substitute for HB 286.
On the motion to adopt the Senate substitute to HB 286, the ayes were 105, the nays 0.
The motion prevailed and the Senate substitute to HB 286 was adopted.
HB 125. By Messrs. Daves of Dooly, Hatchett of Meriwether, and Weaver of Bibb:
A bill to be entitled an act to amend the state health laws creating county boards of health and to provide for the payment of expenses of county health departments; and for other purposes.
The following Senate amendment o HB 125 was read:
Senator Lovett of the 16th district moves to amend HB 125 to provide that nothing in this act shall repeal or be construed to conflict with any power and authority vested in the commissioner of agriculture, by the laws of the State of Georgia
Mr. Daves of Dooley moved that the House adopt the Senate amendment to l-IB 125.

THURSDAY, MARCH 18, 1943

1407

On the motion to adopt the Senate amendment to HB 125, the ayes were 119, the nays 1.
The motion prevailed and the Senate amendment to HB 125 was adopted.
The following Senate amendment to HB 125 was read:
Senators Millican of the 52nd district and Dean of the 34th district moved to amend HB 125 as follows:
By inserting, after section 8 of said bill, a new section to be known as section 9 thereof and renumbering sections 9 and 10 as now written, said new section 9 to read as follows:
Section 9. Be it further enacted that the provisions of this act shall not apply to or affect any county hacing within its limits, in whole or in part, a city with a population of not less than 200,000 inhabitants by the 1940 census or any future census, until and unless the mayor and general council or other governing body of such city, and the board of commissioners of roads and revenues or other governing body of the counties in which such city is located, in whole or in part, shall by appropriate resolution or ordinance declare this act to be effective within such counties.
The following amendment to the Senate amendment to HB 125 was read:
Mr. Weaver of Bibb moves to amend the Senate amendment to HB 125 proposed by Senators Millican and Dean by adding the following provisions to said amendment: "This act shall not apply to any county in which the county and the principal municipality therein maintain separate health departments, until the county commissioners or other governing authority of such municipality shall by appropriate resolution signify that said county and said municipality shall come under the provisions of this act."
Mr. Weaver of Bibb moved that the House adopt the Senate amendment to HB 125, as amended.
On the motion to adopt the Senate amendment, as amended, the ayes were 113, the nays 0.
The motion prevailed and the Senate amendment, as amended, was adopted.
The following resolution of the House was read and adopted:
HR 174. By Mr. Durden of Dougherty:
A resolution that the Speaker and the President appoint a JOint committee of five to notify the Governor that the General Assembly stands ready to adjourn sine die; and for other purposes.
The Speaker appointed as a committee on the part of the House the following members of the House, to wit:
Messrs. Cates of Burke, Swint of Spalding and Baker of Floyd.

1408

JOURNAL OF THE HOUSE,

The following resolution of the Senate was read and adopted:
SR 75. By Senators Atkinson of the 1st, Terrell of the 19th, Williams of the 5th, and Millican of the 52nd districts:
A resolution that the Governor be requested to negotiate for additional property in immediate vicinity of the capitol; and for other purposes.
The following report of the Committee of Conference appointed on SB 174 was submitted and read:
Mr. President:
Mr. Speaker:
SENATE BILL 174
Your conference committee on SB 174 submits the following report:
Thata section three, page two of the House substitute be changed which reads: "Sulphur shall not be over 0.10 per cent" be stricken and in lieu thereof the following be inserted: "Sulphur shall not be over 0.25 per cent."
Provided, however, that the commissioner of revenue may upon proper notice as provided in this act decrease the sulphur content specification to any figure down to a minimum of 0.125.
The Senate, with the change mentioned in the House substitute recedes from its position and accepts the House substitute as amended herein.
On the part of the Senate: Ansley of the lOth district, Arnold of the 26th district, Millican of the 52nd district.
On the part of the House: W. H. Key, J. D. Gardner, A. D. Littlejohn.

Mr. Key of Jasper moved that the House adopt the report of the Committee on Conference of SB 174.

On the motion to adopt the report of the Committee of Conference, Mr. Durden

of Dougherty moved the ayes and nays and the call was sustained.



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

THURSDAY, MARCH 18, 1943

1409

Those voting in the affirmative were:

Adams Alexander Allison Alwood Bennett Bowen Boynton Branch Bridges Broome Brunson Burnside Caldwell Campbell of Newton Campbell of Polk Chance Cheshire Cl;uk Copland Cowart Crummey Culpepper Curry Dallis Daves Deal Dorsett Dorsey Dunn DuPree Durden Easler Ennis Etheridge Ferguson Fortson Gardner Gaskins Gavin Gholston Gillis

Gowen

Mixon

Graham

Moate

Greene of Jones

Moore of Taliaferro

Guerry

Nicholson of Oconee

Guyton

Nicholson of Richmond

Hand

Ogburn

Harden

Oliver

Hardy

Park

Hart of Quitman

Peck

Hart of Thomas

Pettit

Hatchett

Phillips

Hefner

Pirkle

Herndon

Powell

Hicks

Pruitt

Hightower

Rees

Hill of Clarke

Reid

Hogg

Reynolds

Holley

Riley

Hubert

Roughton

Jennings of Sumter

Russell

Johns

Salter

Johnson of Chattahoochee Sharpe

Johnson of Pike

Sheppard

Johnston

Smiley

Kellyof Thomas

Smith of Carroll

Kelly of Walker

Smith of Dougherty

Kendrick

Smith of Muscogee

Key

Smith of Oglethorpe

Knabb

Smith of Washington

Littlejohn

Sparks

Livingston

Sumner

Malone

Thompson

Mankin

Thrash

Martin

Thurmond

Mason

Warnock

Maund

Wells of Ben Hill

McCracken

Whipple

McEntire

Wilbanks of Cherokee

McNall

Williams of Coffee

Miller

Williams of Harris

Minchew

Willoughby

1410

JOURNAL OF THE HOUSE,

Those voting in the negative were:

Boone Bynum Cannon Fisher Hooks Mitchell

Norman Odom Price Rowland Smith of Dougherty Strickland

Waller Weaver Wilson Yawn

Those not voting were :

Anderson Baker Bates Battles Barfield Bargeron Bentley Brewton Burton Cates Connell Dalton Drake Dukes Dyal Edwards Elliott Foster Fussell Gaston Giddens Gilbert Goldberg

Gray Grayson Greene of Scchley Hagan Hartness Heard Hill of Troup Horne Howard Hurst Jennings of Terrell Joiner Jones Looper Mabry Mavity McCamy Mcintosh Medders Mills Mims Moore of Baldwin Overby

Padgett Pannell Parker Porter Ray Riddlespurger Roper Rossee Rountree Rowland Sills Swint Thigpen Turner Welch Wells of Telfair Wilbanks of Habersham Williams of Gwinnett Woodruff Wright Mr. Speaker

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

On the motion to adopt the report of the Committee of Conference on SB 174, the ayes were 122, the nays 16.
The motion prevailed and the report of the Committee of Conference was adopted.
Under the order of business established by the Committee on Rules the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage :
SB 237. By Senator Fowler of the 39th district:
A bill to be entitled an act to- amend the income tax law so as to provide for exclusion from gross income bad debts; and for other purposes.

THURSDAY, MARCH 18, 1943

1411

The report of the committee, which was favorable to the passage of the bill, was agreed to.
Mr. Smith of Muscogee moved that SB 237 be tabled and the motion was lost.
Mrs. Mankin of Fulton moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were:

Alexander Allison Alwood Battles Barfield Bargeron Bentley Boone Bowen Boynton Branch Bridges Broome Brunson Burnside Burton Caldwell Campbell of Polk Cates Cheshire Clark Cowart Crummey Curry Dallis Daves Deal Dorsey Dunn Durden Ennis

Etheridge Ferguson Fortson Gavin Gholston Gilbert Gillis Graham Greene of Jones Guerry Guyton Hagan Hand Hart of Thomas Hatchett Hightower Hill of Troup Hubert Jennings of Terrell Johns Johnston Kelly of Thomas Kelly of Walker Kendrick Key Malone Mankin McCamy McEntire Minchew Mitchell

Those voting in the negative were:

Moate Moore of Taliaferro Nicholson of Oconee Nicholson of Richmond Park Peck Phillips Pruitt Reynolds Rossee Roughton Salter Sheppard Smiley Smith of Oglethorpe Smith of Washington Sparks Sumner Swint Thompson Thrash Thurmond Warnock Weaver Wells of Ben Hill Whipple Wilbanks of Cherokee Wilbanks of Habersham Williams of Coffee Williams of Harris Wilson

Baker Bynum Campbell of Polk Culpepper

Easler Elliott Foster Gaston

Giddens Hardy Hefner Hogg

1412

JOURNAL OF THE HOUSE,

Hooks Johnston Littlejohn Martin

Norman Odom Price Rowland

Sharpe Smith of Carroll Smith of Muscogee Strickland

Those not voting were:

Adams Anderson Bates Bennett Brewton Cannon Chance Connell Copland Dalton Dorsett Drake Dukes DuPree Dyal Edwards Fisher Fussell Gardner Gaskins Goldberg Gowen Gray Grayson Greene of Schley Harden Hart of Quitman Hartness Heard Herndon

Hicks

Padgett

Hill of Clarke

Pannell

Holley

Parker

Horne

Pettit

Howard

Pirkle

Hurst

Porter

Jennings of Sumter

Powell

Joiner

Ray

Johnson of Chattahoochee Rees

Johnson of Pike

Reid

Jones

Riddlespurger

Knabb

Riley

Livingston

Roper

Looper

Rountree

Mabry

Russell

Mason

Sills

Mavity

Smith of Dougherty

Maund

Thigpen

McCracken

Thomas

Mcintosh

Turner

McNall

Waller

Medders

Welch

Miller

Wells of Telfair

Mills

Williams of Gwinnett

Mims

Willoughby

Mixon

Woodruff

Moore of Baldwin

Wright

Ogburn

Yawn

Oliver

Mr. Speaker

Overby

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

On the passage of the bill, the ayes were 93, the nays 24.

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

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

THURSDAY, MARCH 18, 1943

1413

Mr. Speaker:
The Senate has adopted the report of the Committee on Conference on the following bill of the House, to wit:
HB 258. By Mr. Fortson of Wilkes:
A hill to provide that motor vehicle licenses shall be purchased before April 1st of each year; and for other purposes.
The Senate has adopted the report of Committee on Conference on the following bill of the Senate, to wit:
SB 43. By Senator Millican of the 52nd:
A bill to authorize superior courts of the state to hear and determine time and place of birth of persons; and for other purposes.
The Senate has adopted the report of Committee on Conference on the following bill of the Senate, to wit:
SB 174. By Senator Gross of the 31st:
A bill to amend section 73-216 of the Code of 1933, sub-section 3 to change the figures "0.10" and inserting the figures "0.25", and amending section 73-216 by striking the words "United States Government Bureau of Mines", and substituting the words "Federal Specifications Board"; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate, to wit:
SB 179. By Senator Millican of the 52nd:
A bill to amend the pension act of Fulton county to increase the amount of maximum payable; to provide for payments of pensions for lesser periods of service; and for other purposes.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the reqms1te constitutional majority the following bills and resolutions of the House, to wit:
HB 539. By Mrs. Mankin, Messrs. Kendrick and Etheridge of Fulton:
A bill to amend the charter of the City of Atlanta; and for other purposes.

1414

JOURNAL OF THE HOUSE,

Under the order of business established by the Committee on Rules the following bills and resolution of the Senate were taken up for consideration, read the third time and placed upon their passage:
SB 199. By Senators Atkinson of the 1st, Terrell of the 19th, and Newton of the 47th districts: A bill to be entitled an act to authorize the state board of prisons to set up stations or points for the examining and finger-printing of all prisoners: to provide for the segregation of prisoners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, the nays 0.
The bill having received the requisite constitutional majority was passed.
SR 50. By Senator Dean of the 34th district:
A resolution that the budget commission pay the expenses of the Committee on Insterstate Cooperation; 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 109, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
SB 110. By Senator Dean of the 34th district:
A bill to be entitled an act to provide for the suspension upon petitiOn, of administrators or fiduciaries; the appointment of a successor; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was' received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment of the following bill of the Senate, to wit:
SB 226. By Senator Millican of the 52nd: A bill to amend an act to provide that cities having a population of 150,000 or more furnish pensions to officers and employees; and for other purposes.

THURSDAY, MARCH 18, 1943

1415

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House, to wit:
HR 174. By Mr. Durden of Dougherty:
A resolution that a committee be appointed to notify His Excellency that the General Assembly will stand ready to adjourn sine die at six o'clock today.
The President has appointed on the part of the Senate:
Senators Ingram of the 51st, Boyett of the 11th.
The following message was received from His Excellency, the Governor, through the Honorable M. E. Thompson, executive secretary:

Ellis Arnall Governor

STATE OF GEORGIA Executive Department Atlanta

M. E. Thompson Executiv~ Secretary

March 18, 1943.
TO THE GENERAL ASSEMBLY OF GEORGIA:
House Resolution No. 149 was transmitted to the Executive Department on the 15th day of March, 1943, after duly passing the House and Senate.
This Resolution proposes an amendment to the Constitution so as to authorize the City of Cordele, Crisp County, or either of them to enter into contracts with each other or with a hospital authority without the necessity of an election and irrespective of the debt limitation provision of the Constitution, and to levy and collect taxes for the purpose of complying with such contracts; and for other purposes.
On March 17, 1943, I received the following communication from Honorable Wendell Horne and Senator Sam C. Byrd:
Dear Governor Arnall:
After the Legislature convened, the County Commissioners of Crisp County requested us to introduce Legislation with reference to the "Hospital Authorities' Act."

1416

JOURNAL OF THE HOUSE,

In response to this request, a Resolution was introduced in the House to correct a technical defect as to Counties and Cities entering into contracts with Hospital Authorities for definite and fixed obligations or liabilities.

However, because of some misunderstanding of the people, objection to said Resolution was expressed. A mass meeting was held March 12, 1943, in Cordele, public invited, and a motion was made to request the Governor not to sign the Resolution until the people have had ample opportunity to express and voice their views.

Therefore, since we do not have time to determine what the will of the majority of the people is, we the representatives of the people of Crisp County request that you do not sign House Resolution No. 149-600-D.

Respectfully yours,

Senator Sam C. Byrd, Wendell Horne,
Representative, Crisp County.

In compliance with the above request of the author of said resolution which has the concurrence of the Senator of the district in which Crisp County is located, and in a spirit of cooperation with the members of the General Assembly, I am returning herewith House Resolution No. 149 which I have vetoed this 18th day of March, 1943.

Respectfully submitted,

EA/ms

ELLIS ARNALL, Governor.

The following message was received from His Excellency, the Governor, through the committee appointed to notify him that the General Assembly stands ready to adjourn sine die:

Ellis Arnall Governor

STATE OF GEORGIA Office of the Governor
Atlanta

Grace Cannington Secretary

March 18, 1943.
MR. SPEAKER AND MEMBERS OF THE HOUSE OF REPRESENTATIVES:
It is a source of much regret to me that, because of illness, I am not permitted to be present with you on this day which marks the close of an eventful and mo-

THURSDAY, MARCH 18, 1943

1417

mentous meeting of the General Assembly. I seriously doubt if there has ever been a session that has accomplished more for the welfare of our State and its future interest.

The Assembly has not only enacted many needed reforms in the State Government but has inaugurated a program which will remodel Georgia's governmental structure along more workable, serviceable, progressive and democratic lines. It has even set in motion the machinery for writing a needed new Constitution to supplant the outmoded and antiquated document under which our State now labors.

As Chief Executive, I desire to express to the House, your presiding officers, committees and members my profound appreciation for the statesmanlike and cooperative manner in which the business of the State has been handled. It is my considered opinion that the 1943 General Assembly is the finest that has ever assembled under the dome of the State Capitol.

It will be our purpose during the next four years to give to the people an efficient, honest, economical and serviceable administration of public affairs and I hope that we may be privileged to count upon the help and influence of each member of the House during this important period.

And so, I congratulate you Representatives upon your splendid accomplishments and send you, individually and collectively, my very best wishes for continued welfare and success.

Faithfully yours,

ea/gc

ELLIS ARNALL, Governor.

Under the special order of business established by the Committee on Rules the following bill of the Senate was taken up for consideration, read the third time and placed upon its passage:
SB 97. By Senators Preston of the 27th, and Gross of the 31st districts:
A bill to be entitled an act to provide the supreme court shall employ a person or persons to prepare and compile the Acts of the General Assembly; and for other purposes.
The following committee substitute was read and adopted:
A BILL
TO BE ENTITLED AN ACT
To amend an Act of the General Assembly approved March 29, 1937 (Georgia Laws 1937, pp 503-515) relating to the duties of the Supervisor of Purchases, by adding to Section 2 of said Act a new sub-paragraph, to be known as Sub-paragraph G, said sub-paragraph G to provide that it shall be the duty of the Secretary of State to employ a person or persons to pre-

1418

JOURNAL OF THE HOUSE,

pare and compile the Acts and Resolutions of the General Assembly, and to provide that the Secretary of State shall pay as compensation such amounts as may be agreed upon with the person or persons doing such work, provided, however, that the amount shall not exceed $1,000.00, to be paid out of the funds appropriated for the expenses of the General Assembly; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section l. That an Act of the General Assembly approved March 29, 1937 (Georgia Laws 1937, pp 503-515) relating to the duties of the Supervisor or Purchases, be and the same is hereby amended by adding a new sub-paragraph to Section 2, said new sub-paragraph to be known as sub-paragraph G, which shall read as follows:
"G. It shall be the duty of the Secretary of State to employ a competent person or persons to compile the Acts and Resolutions of the General Assembly of Georgia, and such person or persons compiling such Acts and Resolutions shall be paid, out of the funds appropriated for expenses of the General Assembly, such amount as may be agreed upon between such persons and the Secretary of State; provided, however, that such amount shall not in any event exceed the sum of $1,000.00.
~ction 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 110, the nays 0.
The bill having received the. requisite constitutional majority was passed by substitute.
Mr. Fortson of Wilkes asked unanimous consent that SB 97 be transmitted immediately to the Senate, and the consent was granted.
SB 192. By Senators Jones of the 3rd and Ansley of the lOth districts:
A bill to be entitled an act to amend Georgia unemployment compensation law so as to preserve the rights of those entering the armed forces; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, MARCH 18, 1943

1419

SR 66. By Senator Gross of the 31st district:
A resolution confirming the action of Governor Talmadge in exempting state tax on aviation gasoline used in airplanes used by the United States Government; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, the nays 0.
The resolution having received the requisite constitutional majority was adopted.
Mr. Elliott of Muscogee asked unanimous consent that he be recorded as voting aye on SR 66 and the consent was granted.
SB 211. By Senator Millican of the 52nd district:
A bill to be entitled an act to regulate the sale of admission tickets to athletic contests of the colleges in the University System of Georgia; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, the nays 9.
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:
HB 639. By Messrs. Etheridge, Kendrick and Mrs. Mankin of Fulton:
A bill to be entitled an act to amend the charter of the City of Atlanta so as to provide that any department head may discharge employees on civil service for inefficiency or misconduct; and for other purposes.
Senator Millican of the 52nd moves to amend HB 639, section 4 thereof by adding in line 7 of said section 4, after the word "Recorders" the following: "and all other public officials,".
Mr. Etheridge of Fulton moved that the House adopt the Senate amendment to HB 639.
On the motion to adopt the Senate amendment to HB 639, the ayes were 113, the nays 0.
The motion prevailed and the Senate amendment to HB 639 was adopted.
Under the order of business established by the Committee on Rules the following bill and resolution of the Senate were taken up for consideration, read the third time and placed upon their passage:

1420

JOURNAL OF THE HOUSE,

SB 77. By Senator Millican of the 52nd district:
A bill to be entitled an act to authorize and direct the Governor to sell all book plate metal belonging to the state; and for other purposes.
Mr. Guyton of Effingham moved that SB 77 be tabled and the motion prevailed.
SB 241. By Senator Bloodworth of the 22nd district:
A bill to be entitled an act to increase the salary of the director of the veterans service office to $4,800.00; 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 91, the nays 21.
The bill having failed to receive the requisite constitutional majority was lost.
At this time the House suspended the regular order of business with Mr. Nicholson of Richmond in the chair.
Mr. Fortson of Wilkes, acting on behalf of the House, presented the Speaker, Mr. Harris of Richmond, with a fine watch as a token of appreciation for his splendid services as Speaker of the House.
Mr. Dunn of Lamar, acting on behalf of the House, presented the Speaker Pro Tern., Mr. Hand of Mitchell, with an inscribed tray as a token of appreciation for his services as Speaker Pro Tern. of the House.
Mr. Ferguson of Camden, acting on behalf of the House, presented the Floor Leader, Mr. Durden of Dougherty, with a handsome traveling bag and brief case as a token of appreciation for his services as Floor Leader.
Mr. McCamy of Whitfield, acting on behalf of the House, presented the Clerk, Mr. McCutchen, with an inscribed pitcher as a token of appreciation for his services as Clerk of the House.
Mr. Hagan of Screven, acting on behalf of the House, presented the Doorkeeper, Mr. Toms, and the Messenger, M~. Striplin, with gifts as tokens of appreciation for their services to the House.
Mr. Hagan of Screven, acting on behalf of the House, presented various attaches of the Clerk's and Speaker's offices with gifts as tokens of appreciation for their .services to the House.
The House resumed the regular order of business with the Speaker in the chair.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:

THURSDAY, MARCH 18, 1943

1421

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolution of the House, to wit:
HB 456. By Mr. Pirkle of Forsyth:
A bill to amend the Code of Georgia to provide for a registration of business conducted under trade names; and for other purposes.
HB 422. By Messrs. Key of Jasper and Dorsey of Cobb:
A bill to amend a chapter of the Code of Georgia entitled "income taxes"; and for other purposes.
HB 428. By Messrs. Hatchett of Meriwether and Key of Jasper:
A bill to amend an act relating to the sale of fertilizer material; and for other purposes.
HB 479. By Messrs. Deal of Bulloch and Brunson of Bulloch and Guyton of Effingham:
A bill providing funds for the reimbursement of W. Herbert Brannen; and for other purposes.
HB 509. By Messrs. Bynum of Rabun, Oliver of Tattnall and others:
A bill to appropriate $15,000.00 to equip a veterinary diagnostic laboratory; and for other purposes.
HB 553. By Messrs. McCracken of Jefferson, Durden of Dougherty, Gowen of Glynn:
A bill to provide for the wartime mobilization of firemen; and for other purposes.
HB 556. By :Messrs. McCracken of Jefferson, Gowen of Glynn, Durden of Dougherty:
A bill to amend an act entitled, "An act to carry into effect paragraph 2, of section 2 of article 7, of the Constitution, in reference to the exemption from taxation certain property therein described"; and for other purposes.
HB 596. By Mr. Smith of Dougherty:
A bill to amend an act entitled "Motor fuel tax law"; and for other purposes.
HR 58. By Mr. Burnside of McDuffie:
A resolution relating to the consolidation of local school districts; and for other purposes.

1422

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate, to wit:
SB 97. By Senators Gross of the 31st and Preston of the 27th:
A bill to provide that the supreme court shall employ a person or persons to prepare and compile the acts of the General Assembly; and for other purposes.
The following resolution of the House was read and adopted:
HR 175. By Mr. Durden of Dougherty:
A resolution that the General Assembly do now adjourn sine die.
The following message was received from the Senate through Mr. Nevin, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the House, to wit:
HR 175. By Durden of Dougherty:
A resolution resolving that the General Assembly of Georgia do now adjourn sine die.
The Speaker announced the House of Representatives of Georgia adjourned sine die, at 6 o'clock, p. m.

INDEX
TO
JOURNAL
OF
HOUSE OF REPRESENTATIVES

1424

INDEX

HOUSE JOURNAL INDEX

A

Abbeville, how candidates can qualify, HB 536....................................729, 804, 845,972

Absentee ballots for those in armed forces, HB 578..................................794-795, 1009

Absentee ballots, voucher signed, HB 424......................513, 655, 1001, 1071-1072, 1352

Acts, persons employed to compile, SB 97................................660, 696, 1417-1418, 1422

Additional state property near Capitol, Governor to negotiate for, SR 75

1408

Adjutant general, qualifications, HB 13......................................47-48, 131, 156-157, 325

Administrators, executors, annual returns, SB 147......................841-842, 939-940, 1339

Administrators, executors, convey rights-of-way to those having eminent

domain, HB 391....................................................................444, 521, 1188-1189, 1389

Administrators, executors, convey rights-of-way to those having eminent

domain, HB 592........................................................................................

873

Administrators, executor~, trustees, suspension upon entering service,

SB 110 ..............................................................................................660-661, 910, 1414

Administrators, temporary and permanent discharged, SB 148................

842

Adoption of children, SB 219..........................................................................

1097

Adult illiterates, establish schools, HB 59..............................................61, 182, 230, 1169

Adult illiterates, to instruct, HB 71... .....................................................113, 131, 157,793

Agricultural and industrial board, to create, HB 16................48, 520, 557-561, 899,

916-917, 1255, 1320-1321, 1340, 1365, 1380-1381

Aiken, Harry S., former representative, death deplored, HR 9................

31

Air transportation, public service commission to regulate, HB 642............ 1083-1084

Albany, pension employees, H B 276........................................................292, 318, 351, 468

Albany, to operate transportation system, HB 481..............................596, 693, 735, 901

Allegiance to Georgia flag, how to pledge, HR 107........................593, 657, 1035, 1353

Alma, extend city limits, HB 315............................................................380, 453,487,643

Amend code section 26-3601, HB 641............................................................ 1083, 1131

AMENDMENTS TO CONSTITUTION-

Amendments to constitution, summaries published, HR 44................ Atlanta, Fulton county, advertise and promote developments,

204,456

HR 118 ----------------------647, 697, 1059-1062, 1298 Atlanta, Fulton and DeKalb counties, contract with hospital au-
thority, HB 335............................................................404, 655, 1052-1055, 1197

Atlanta judicial circuit, 6 year terms for judges, HR 26....................

121,656

Atlanta judicial circuit, 6 year term judges, SR 21....................382, 524, 1066-1069

Bibb county, establish sanitary districts, HR 11 1............598, 658, 1055-1058, 1171

Board of regents, HB 2.............................................................45, 131,152-155,249

Chattooga county, to issue bonds, HB 607........................904, 941, 1025-1028, 1197

Cobb county, funding bonds, HR 28........129, 315 (HB 28 should read HR 28),

370-374, 509

Confederate pensions, pay widows married prior to 1920, HR 148....

903

Confederate widows, pensions those married prior to 1937, HR 108

593

INDEX

1425

Cordele,. Crisp county, contract with hospital authority,

HR 149 ------------------------------------------------------903,939, 1020-1023, 1197, 1415-1416 DeKalb county, tax for educational purposes, HB 584....832, 877, 1160-1163, 1299 Divorce, members of armed forces may file after year's residence

in state, HR 92----------------------------- --------------------.514-515, 696, 1163-1166, 1389

Divorce, one verdict of jury secures, HR 42--------------------------------------- 194-195,656

Divorce, ten days after service, SR 54--------------------------------------------- 1133, 1215

Eighteen-year-old voters, HR 15........-------------------------------------------------

49, 456

Eighteen-year-old voters, SR 15_______________________________ .504, 524, 912-915, 942, 943-945

Election returns for Governor, SR 56....------------------------------------------ 1177, 1215 Eleemosynary institutions, board of directors, SR 42__________________________661-662, 1093

Fulton county, temporary loans, HR 126........................730, 841, 1063-1066, 1298

Game & fish commission, HR 14......................49, 132, 157, 167,523,550-553,951

General Assembly abolish 10-day session, SR 32....457, 697, 754, 777-780, 816-823,

920-921,923-924,1342-1343

General Assembly 20-day and 40-day sessions, HR SL__________________

220

General Assembly, $600 salary members, SR 31..............475, 807, 848-852, 920,

922-923, 1386-1387

General Assembly, members eligible to state office, SR 37............

482, 946

Georgia Railroad, levy taxes on, HR 31................145-146, 466,813-815,946-949

Glenwood, incur bonded indebtedness, HB 549......731, 840-841, 1017-1020, 1197

Glynn county, to abolish, ]. P.'s, HB 402............................472, 522, 564-568, 760

Local bills, none to be introduced in General Assembly, HR 17....

53

Local constitutional amendments, SB 30.....-------------------------------------New senatorial districts, 53rd and 54th, HB 343... ------------------------New senatorial districts, Lowndes and Echols, HB 57__________________

301 413,655
61, 655

New senatorial districts, Lowndes and Echols, SB 34..........457, 658, 1328-1332 Pardon & parole board, SR 12......................................265, 319,352-354,358-362 Pardoning power of Governor removed, HR 16....49-50, 314-315 (error, should
be HR 16 & caption), 365

Peace officers, annuity benefit, HR 113...--------------------------------------

599, 658

Poll tax, delinquents reinstated for $2, HR 52.------------------------------

220, 523

Public service commission, SB 180________________________________ 1046, 1094-1095, 1369-1372

Ray City, refunding bonds, HR 43 ....204, 315 (error in caption), 1029-1032, 1298 Revenue anticipation obligations, not deemed debts,

H R 68 ------------------------------------------------------------------------------.291, 456, 669-671, I025 Richmond county, pension for employees, HB 603........903, 978, 1032-1035, 1197
School children, transportation and care by school districts,

HR 58 --------------------------------------------- ------------ _______.242, 656-657, 1073-1076, 1421

Sheriffs' fees, county commissioners may supplement, HR 93........

515,657

Spalding county, divide into school districts, H R 38.... 162, 315 (error in caption),

410,630-634,1124

State board of education, SB 4---------------------------------------------------152, 300, 327-330 Subsidiary corporation, 90% home owned, exempt from taxation,

HB 494 ----------------------------------------------------------------------------------599, 694, 858

1426

INDEX

Subsidiary corporation, 90% horne owned, exempt from taxation,

SB 156 ---------------------------------------------------------------------------------772-773, 807, 891-894 Supreme court and court of appeals, disposition of cases,

HR 91 --------------------------------------------- ..................................472, 523, 554-557, 1352 Taxes for educational PUfpOses, raise to 10 mills, HR 117............ 645-646, 697,

1104-1109

Teachers retirement, HR 13.................................................................. 49,299, 336

Teachers retirement, SR 13..............................................301, 697, 753-754, 774-777

Teachers retirement system, HR l60.....~------------------J084, 1132, 1239-1242, 1353

Veterans, given preference in any civil service, H R 70....................

292

Veterans' preference in civil service, HR 146....................902, 978, 1156-ll 59, 1390

American Coolair Corp., paid for fans, HR 20................ 113, 344,405-407, 1340, 1393

Andrew Female College, trustees, SB 74--------------------------------------- 303, 524, 702 Animal dealers, keep tag number of seller and description of animal,

HB 266 ---------------------------------------------------------------------Animal dealers, keep tag number of seller and description of animals

290,609

bought, SB 139...........................................................---------------------------- 979, 1010

.Animals, ordinary issue permit to slaughter, HB 542................................

730

Animals, to prohibit running at large, HB 147..........................................

178

Appling county, create board commissioners, HB 227........................240, 298, 321, 509

Appling county, repeal commissioner act, HB 226......................240, 298, 320-321, 509

Appling county, repeal tax commissioner act, HB 225................239-240, 297, 320, 509

Appointees of Governor, confirmation by Senate, HB 342........................ 413, 521

Appointees of Governor, to provide confirmation by Senate, SB 119...... 661,697,895

Appointments of Governor, concurrent with term, HB 169....................

193

Appropriations, fiscal year, HB 47..................... -------------------59, 165, 185-188, 255-256

Appropriations, six months, HB 46................................------------------.59, 134-136, 173-174

Armed forces, county ordinaries keep roster of names, HB 426............

514

"Arrny-Navy Salvage Day" designated, HR 109........-----------------------------"Army-Navy Salvage Day", SR 49................................-----------------------------Arnall, Governor Ellis, addresses House informally................................ Assessments, reassessment of property by tax receivers void,

594, 657 662,701
462

HB 252 ---------------------------------------- ......................................275, 344, 425, 494 _.Assignor of account receivable, notation on book notice, SB 108............ 525, 582, 750 Athens, pension city employees, HB 90..........................................128, 382, 397-402, 507 Athens, term of recorder, HB 291........................................................310, 382, 403, 509 Athens, vacancy bonded debt commission, HB 265............................290, 318, 350, 509 Atkinson county, abolish tax receiver & collector, HB 582..795, 839-840, 879-880, 1071 Atlanta, annex Buckhead, HB 180................................................................ 200-201 Atlanta, death of firemen from injuries, HB 476........................592-593, 612,699,871 Atlanta, DeKalb Chambers of Commerce, thanked for banquet,

HR 22 -----------------------------------------------------------------------------------------------------

lll-112

Atlanta, elect city attorney by people, SB 178..........................................980, lOll, 1050

Atlanta, employees of consolidated depts., continue pension payments,

SB 226 ------------------------------------------------------------------------------1269, 1305, 1359-1360, 1414

INDEX

1427

Atlanta, extend city limits, HB 593-------------------------------------------------------------

873, 909

Atlanta, extend city limits, HB 594------------------- -------------------------- -------------

873, 909

Atlanta, extend city limits in DeKalb County, HB 517____________________648, 803, 844,972

Atlanta, extend term democratic executive committee, SB 231__ _______ _1269, 1305, 1361 Atlanta, inefficiency in civil service, HB 639______________________ 1083, 1130, 1242-1247, 1419 Atlanta, oaths of council members, HB 392________________470, 580, 614, 1376, 1396-1397 Atlanta, pension city employees, HB 477______________________________ 593, 612, 722, 868, 881-882

Atlanta, teachers under pension system, SB 224----------------------------------1269, 1305, 1359 Atlantic states marine fisheries commission, HB 420________ 513, 569, 970, 987-988, 1352 Attapulgus, amend acts incorporating, HB 271__ _______________________________.291, 318,351,468

Attorney general, fix salary of, HB 179---------------------------------------------------

195, 246

Attorneys, file answers, defense pleadings, HB 37------------------------------------ 53, 245, 336 Augusta, abolish civil service commission, HB 500____________________________645, 695, 737, 901

Augusta, create civil service commission, HB 501__ ____________________645, 695, 737-738, 901

Augusta, furlough employees in armed forces, HB 246___________.273, 317-318, 349, 467 Augusta, postwar reserve fund, HB 221___________________________________________.239, 317,348,467

Augusta, recall retired employees, HB 502________________________________________645, 695, 738, 901

Augusta, salaries deputies of municipal court, HB 623....1004, 1045, 1097, 1297, 1307 Augusta, solicitor clerk's salary, HB 618._____________________________________974, 1010, 1049, 1299

Auto owners must prove financial responsibility, HB 499______________________
Auto parking lots, garages, relieve lf2 license tax, HR 156____________________

641 1037

Auto riders, non-paying guest, no cause for damages if injured in

accident, HB 362--------------------------------------------------------------------------------------

416

Auto riders, non-paying guests, no recovery for damages, SB 64________

458

Auto tags, April 1 deadline each year, HB 258___________.275-276, 838, 1204-1205, 1354,

1357, 1382, 1387, 1413

Auto tags, extend time to April 1st, HR 63...----------------------------------------Auto tags, extend time to March 1st, HR 64-------------------------------------"--Auto tags, pay ad valorem tax before procuring, H B 28----;----------------Auta tags, place peach on same to designate Georgia as "Peach State",

274 274 51, 315, 838

HR 85 -----------------------------------------------------------------------------------------------------Auto tags, tax collectors, commissioners to issue, HB SO______________________

418 59-60

Auto tags, time extended to April 1, 1943, HR 135-------------------------------

869

Auto tags, time extended to March 1st, HR 65.----------------------------------Auto tags, to be issued by clerks of superior courts, HB 405________________

278, 279 472

Auto truck dealers, confirm suspension one-half license tax, HR 37____ 162, 246, 617

B
Bacon county, require a bond of officials, HB 314__________________________380, 453, 487, 680 Baker county, county-wide election of ~ommissioners, HB 640.. 1083, 1131, 1177, 1298 Bank examiners, clerks, raise salaries, SB 107__________________________________________660, 1094, 1327
Bank examiners, shall interview directors, SB 202_______ _1046, 1095, 1296, 1327, 1354 Bank examiners, verify eighteen accounts, SB 200----------------------------1046, 1095, 1296 Banking law amended, deceased depositors, SB 52___________________________ _302, 396, 640-641

1428

INDEX

Banking law amended, limit state bank loans, SB 53..............302, 396, 584, 594, 640 Banking law amended, par value stock, SB 66........................302, 396,671, 754-756 Barbers and beauticians, create examining board, HB 144.................... 177, 938 Barnesville, additional powers for city officials, HB 305................341, 452,486,680 Barrow county, salary of chairmen of commissioners, HB 320............ 380, 453
Battleship Georgia silver, pay heirs of Charles W. Crankshaw,

HR 56 -------------------------------------------------------------------------------.242, 456, 464, 588-589, 792

Beer crowns, tax paid, replace with stamps or labels, HR 157.... 1038, 1094, 1209, 1390

Beauchamp, Willoughby and Harold Langston paid for injuries,

HR 57 -------------------------------------------------------------------------.242, 344-345, 498, 549-550, 952

Bell Telephone Company, operators commended, HR 167.....---------------

1272

Ben Hill county, depository pay warrants, HB 530__________________________728, 770, 807,951

Ben Hill county, regulate road houses, HB 468._________________574, 803, 1103-1104, 1253 Ben Hill county, special road supervisor, HB 529________________________________728, 770, 807, 951

Bibb county, health ordinances, HB 489......................................597-598, 694, 736,871 Bibb county, six term superior court, HB 444..................................539, 610, 705, 870 Bibb county, to be deeded land by game and fish commission, HR 159 1083, 1132 Birth certificate, issued on certain facts, HB 459..........................573, 656, 855, 1125 Birth certificate of adopted child, HB 513______________________647-648, 770,988, 1365, 1404

Birth certificates, superior courts to determine, SB 43................301, 456, 529-531,816, 864-867, 1399-1402, 1413
Black, Fred Jr., pay widow for funeral expenses, HR 103....554, 657, 1287-1289, 1389 Blairsville, new charter, HB 495...........---------------------------599, 694, 737, 1070, 1102-1103 Bleckley, Pulaski, Dodge county, advance cost in divorce cases,

HB 4% -----------------------------------------------------------------------------------.599, 656, 723-724, 871 Blind voters, illiterate or physically handicapped, persons may help,

H B 204 ---------------------------------------------------------------------------------217-218, 300, 1275, 1389 Board of control, transfer to board of education, HB 15....................48, 149-150, 173

Board of control, duties transfered to state board of education,

SB 15 -------------------------------------------------------------------------------------------247-248, 300, 330-331

Board of regents, to reorganize, HB L----------------------------------------44, 123, 133-134, 176

Bonds from time executed, strike from code section 92-5510, H B 72

113

Bonds, shares, transfer by executors with will attached valid, SB 82 525, 698

Book plate metal, authorize Governor to sell, SB 77____________________________979, 1304, 1420

Borrowing power of Governor regulated, HB 14................48, 181, 198-199, 362-363

Borrowing power of Governor regulated, SB 20----------------------------------- 248, 613, 753

Bowman, unnecessary for voters to register each year, HB 321.......... 381,488,680

Boykin, Congressman from Alabama, addresses House____________________________

462

Branch, Rev. Joe, named chaplain__ _-_____________________________________________________________

26

Brannen, W. Herbert, reimbursed for medical expenses,

HB 479 -------------------------------------------------------------------------------593, 840, 1284-1287, 1421 Bridges, Mrs. J. D., paid benefits for death of husband in state guard,

HR 133 --------------------------------------------------------------------------------794, 840, 1001-1002, 1389 Brunswick, city court, salary solicitor, HB 130................................____161, 208, 226, 426
Brunswick, close certain alley, HB 589............................832-833, 909, 982, 1172, 1193

INDEX

1429

Brunswick, pension city employees, HB 277................................292, 319,351-352,468

Brunswick, use Palmetto Square for tourist camp, HB 647......1173, 1200, 1216, 1352

Budget message of Governor, joint session, HR 18................................

55, 58

Buena Vista, salary mayor, $500 limit, HB 209..............................218, 317,348,508

Bulloch county, salary clerk superior court, HB 453..........................553, 611, 706, 870

Bulloch tax commissioner, provide fees, HB 316..................................380, 453,487,680

Burch, R. F., permission to sue state, SR 62...............------ 1177, 1200

Burglary, capital punishment, HB 148................................................178, 421,750,787

Butane gas, public service commission to regulate, HB 68......112, 260, 365, 495-498

Butts county, salary of clerk, HB 349....------------414, 455,489, 679

c

Campaign expenses, candidates limited to $15,000.00, HB 100..............

143

Campaign expenses for Governor limited, SB 11..............--------659, 698, 898, 924-925

Camp Stewart, request government to fence anti-aricraft base,

HR 102 -----------554, 696, 1036, 1171

Candidates for state office, regulate campaign, HB 26........................---

51

Candler county, fix salary of clerk, HB 474_______................................575, 612, 666, 871

Carrier pigeons, unlawful to shoot, HB 296......................................340, 452, 762, 900

Carroll county, create board of commissioners, HB 462....573, 611, 663,950, 963, 969 Carroll county, salary of jailer, HB 324.........................._____________.390, 453, 488, 759, 777

Carrollton, fi. fa.s for licenses, SB 89........................................................ 660, 806, 847 Cartersville, city court abolished, SB 172.................................................. 773,841,880

Catoosa county, create office of commissioner, HB 274..................291, 451,483,678 Catoosa county, pay sheriff $75 month extra, SB 242____....................1270, 1306, 1360

Catoosa county, repeal act abolishing board commissioners,

HB 273 -------------------.291, 451,483,678 Catoosa county, $75 month extra for sheriff, SB 227................ 1269, 1305, 1360-1361

Certified public accountants, communications with clients confidential,

HB 302 -----------------------340, 479, 1073, 1351

Certified shorthand reporters law, SB 105....--------------841, 1097, 1133-1134

Change of names, advertise in official organ, HB 75.--------------

114, 150

Change of names; manner; petition; SB 40------------------------.264, 424, 492, 506

Charlton county, deeded land, SR 28................-------------.265, 301,331-334,364

Charlton county, pay sheriff for home defense, SB 124...----------

526

Charlton county, to convey certain land, HR 45.................--------- 204, 246-247

Chatham superior court, salary woman bailiff, SB 206---------980, lOll, 1050 Chattahoochee county, change superior court terms, HB 176........194, 478, 703-704

Chattahoochee county, reduce board of commissioners to three mem-

bers, HB 372.......----------------------418, 455, 490, 679 Chattahoochee county, superior court terms, SB 63................................ 264,481, 702

Chattooga county, amend act abolishing board of commissioners,

HB 354 ----------415, 455, 490,679 Chattooga county, juvenile courts, HB 356........................................415, 480, 704, 869

1430

INDEX

Chattooga county, salary judge city court, HB 355..------------------------415,480, 527,679 Chenille machine, donated by Glenn Looper, originator, for state

museum, HR 169.------------------------------------------------------------------------------------ 1325, 1353 Cherokee county, pay costs for trial of misdemeanor convicts,

HB 558 -----------------------------------------------------------------------------------------.761, 839, 1017, 1170

Child caring, to define, HB 610.------------------------------------------------------------------

931

Claims against state, submit to state auditor, HB 48.-----------------------------

59

Clarke county, candidates name opponents, HB 88......------------------------128, 207, 369, 507 Clarke county, fees in divorce cases, HB 473 ___________________________.575, 612, 721-722, 870

Clarke county, operate hospital, HB 466___________________________________________.574, 612, 665, 870

Claxton, salaries of officials, HB 434_________________________________________.538, 581, 615-616, 792

Claxton, to be deeded certain land by state for use of farmers,
H R 75 -------------------------------------------------------------------------------------------.341, 396, 532, 901 Clayton, commissioners acts amended, reestablish Panhandle district,

HB 247 ------------------------------------------------------------------------------.273-274, 478, 526-527,678 Clayton county, commissioner's pay repealed, HB 599..._________________902, 939, 982, 1171
Clayton county, create office commissioner, H B 249........274, 298, 321, 616, 626-630
Clayton county, hours for polls to open and close, HB 541..729, 770, 1016-1017, 1170 Clayton county, repeal board commissioners, HB "248....274, 298, 321, 616, 625-626 Clayton county, tax commissioner act repealed, HB 171..____________ 193, 297, 320, 508 Clayton county, zoning act repealed, HB 170_______________________________________ .193, 297,320, 508

Clerks fees, in counties of less than 65,000, HB 240..................257, 422, 1077, 1253

Clerk superior court, amend code section 101-207, HB 195__________________

203

Clinch county court created, HB 110_________________________________________________ .144, 164, 185, 249

Clinch county, vacancy in office of solicitor to be filled by appointment

of Governor, HB 400----------------------------------------------------------------------471, 522, 547,681 Cobb county, authorize leasing of county farm, HB 386................443, 521, 546, 681 Cobb county, commissioner's compensation, HB 96___________________________.129, 149, 167, 256 Cobb county, planning commission, HB 95_________________________________________.129, 149, 167, 256
Cobb county, salary of treasurer, HB 546____________________________730-731, 770-771, 809, 951

Collins, repeal charter, SB 158------------------------------------------------------------------- 733, 807, 847 Collins, to incorporate, SB 155____,_______________________________________________________________ 733, 806, 847

Colquitt, salary for mayor, HB 512....----------------------------------------------647, 695, 739, 872 Columbia county, from fee to salary system, SB 133____________________661, 697, 1015-1016

Columbus, salaries city court, HB 18.------------------------------------------50, 207, 224-225, 428 Commerce, registration books, HB 99------------------------------------------------142, 316, 346,467 Commissioned officers, ex-officio notaries public, HB 454............554, 769, 1118-1119,
1354, 1398 Commissioner of agriculture, term extended, HB 10____________________46-47, 223, 248-249 Commissioner of agriculture, term extended, SB 21________________________ 166, 182, 198,229,
303, 304, 323-325 Commissioner of labor, fix salary, HB 235_______________.241, 298,498-500, 527, 668, 870

INDEX

1431

COMMITTEE REPORTS (STANDING)-

A:mendments to the Constitution Number One_______.}30, 292,444,515-516, 6iH,
796,931,1084,1213 Amendments to the Constitution Number Two_______ _311, 600-603, 649-650, 833,
874,932,975,1084 Appropriations _____ -------------------- _________ ------------------- __ __ _______ ___ ______ ___ ___ __ _________ 121-122, 162

Aviation ---------------------------------------------------------------------------------------------------- 1197-1198 Banks and Banking-----------------------------------------------------------,--.311, 392, 904, 1084-1085
Conservation -----------------------------------------------------------.341-342, 684, 797, 833, 1125-1126
Corporations --------------------------------------------------------------------------------------- ___516, 1264-1265 Counties and County Matters_________________.146-147, 163, 258, 292-293, 375,445-446,

517,540,575-576,603-604,685,763-764, 796,833-834,904-905,932,975,10051006, 1040, 1085, 1126, 1300

Education Number One------------------------------------------------------.180, 392,604,797, 1040 Education Number Two__________________________________________________130, 179, 259, 474, 604, 834

Engrossing ---------------------29, 57, 114-115, 122, 139, 158, 174, 195, 204-205, 220-221, 242-243,278,293-294,393-395,418-419,446,474-475, 540-542,576,604-605,650-651,685-687,764-765,797,
834-835,874-875,905,933,1040-1042,1085-1086,11261127, 1173-1174, 1213-1214, 1265, 1300-1301, 1345-1346 Enrollment ------------------------.174, 179-180, 243, 259, 284, 311-312,381, 395, 475, 517,
543-544,576,605,687,732-733,765,798,835,875-876, 905-906, 932-933, 976, 1042-1043, 1174, 1198-1199, 1214-1215, 1265, 1301, 1346-1350
Game & Fish___________________________________________________________ _221, 312, 446-447, 651, 876, 1127

General Agriculture Number One..221-222, 294,419,605,688,798,934-935, 1006 General Agriculture Number Two_______ ._______ _222, 476,577,606, 765,835,935, 1086
General Judiciary Number One________.___ l47, 180, 195-196,222,243,419,476,577,

606,766,798-799,907,1043,1086,1087, 1127-1128, 1266, 1301-1302
General Judiciary Number Two_______ .___.147, 205,222-223,259-260,419-420,518, 688,799,907,935-936,1006,1043,1350

Georgia School for the DeaL-------------------------------------------------------------- 1115-1116
Historical Research --------------------------------------------------------------------------688-689, 799, 907 Hygiene and Sanitation___________________ _294, 342,420,447, 476, 577-578,606, 651-652,

766,799-800,835-836,936,1087

Industrial Relations -----------------------------------------------------205, 477, 652, 800, 1006, 1302 Insurance ------------------------------------------------------------------------447, 607, 766-767, I087-1088 Interstate Co-operation -------------------------------------------------------------------.569, 652, 876-877

Manufactures ---------------------------------------------------------------------------------------- 342, 908, 1007 Military Affairs ------------------------------------------------------------------------130, 447-448, 607, 689

Mines and Mining-----------------------------------------------------------------------------------

1128

Motor Vehicles -----------------------------------------------------------------------243-244, 448, 767, 1175

1432

INDEX

Municipal Government ............................163, 312-313, 381,448, 544-545, 578,607,

689-690, 800-801, 908, 934, 976; 1007,

1087,1128,1174-1175,1199,1266,1302

Penitentiary ..........................................................420, 767, 976-977, 1128, 1129, 1266

Pensions ....................................................................................................

223

Privileges and Elections..................................205-206, 295,449,690, 767, 1007-1008.

Public Highways Number One............................................................ 518-519,1129

Public Highways Number Two..................................578-579, 836, 1044, 1302-1303

Public Library ..................................................................342-343, 518, 608, 801, 1088

Public Printing ........................................................................................

519

Public Property ......................................244, 295,"395, 477, 652-653, 877, 1088, 1303

Public Utilities ........................................................................................ 936-937

Public Welfare ........................................................................................579, 937, 1129

Rules ....................250, 352,383,424,460,491,527-528,548,589,617-618,666,700,

739-740,773,810,847,880-881,911-912,941-942,986-987,

1012-1013, 1051-1052, 1098-1100, 1129, 1135-1136, 1180-1181,

1201-1203, 1216-1217, 1270-1272, 1303, 1312-1313, 1355-1357

Sanitarium at Alto.................................................................................... 1323-1325

Special Appropriations ....................................................343, 464, 633, 836-837, 1089

Special Judiciary ........................206, 313-314,381-382,420-421,449,477-478,608,

653,691,768,837,937,1008,1044,1130

State of Republic........................122, 147-148, 163, 180-181, 196, 244, 260, 295-296,

314,343,421,519,653-654,691,801,837,937-938,

1008, 1089, 1130, 1199, 1303-1304, 1350-1351

State Prison Farm.................................................................................... 1340-1341

University System of Georgia........................................................ 122-123, 768, 1267

Ways and Means........................................ 163-164, 245,314,449-450,654,768-769,

802,838,977,1090,1175-1176,1304

Western and Atlantic Railroad.............................................................. 1109-1115

Whole House ..........................................................................................

134

COMMITTEE REPORTS (SPECIAL) Cruiser Atlanta bond drive..........................................................268, 304, 1184-1185

COMMITTEES, SPECIAL-
Confer with Governor, HR 150............................................................ Cruiser Atlanta bond drive.................................................................... Escort Fred G. McAllister.................................................................... Escort Clerk McCutchen.............----------------------------------------------------------Escort Doorkeeper Toms........--------------------------------------------------------Escort Governor, joint session, HR 18....................---------------------------Escort Beardsley Rum!, HR 89........---------------------------------------------------Escort Messenger Striplin -------------------------------------- Escort Secretary Frank .Knox.....-------------------------------------------------- Escort Speaker Harris ----------------------------------------

930,950 213 699 17 24
55,58 572 26 1209
14-15

INDEX

1433

Escort Speaker pro tern Hand..............................................................

20

Escort Brig. Gen. Eric Fisher Wood.................................................. 286,289

Escort William S. Smith, HR 80........................................................

376

Inaugural escort committee, HR 7...................................~--------------------

28-29

Notify Governor, General Assembly ready to adjourn, HR 174.... 1407, 1415

Notify Governor, regular session convened, HR 25........................

120

Notify Governor, regular session convened, SR 18........................

125

Notify Governor, ten-day session to adjourn, HR 23..................

112,115

Notify Wiley Moore accept invitation to barbecue........................

970

Tellers for election returns canvass......................................................

30

Committees, not allowed to make trips at state expense, HR 145........

894

Committees, standing, official lists................................................................

75-107

Common trust funds, to authorize, SB 142............................698-699, 939, 1332-1334

Comptroller general, fix salary, HB 66........................................ 108, 124, 137, 364, 369

"Company" to denote special partners, SB 189............................ 1096, 1131,1326-1327

Compulsory school attendance, 6 to 16, HB 24............................51, 182, 199,209-211

Confederate pensions, increase appropriation for, HB 379....................

442

Confederate pensions, to increase, HB 56................................................60-61, 224, 337

Confederate veterans, $100 funeral expenses, HB 132.......................... 161,224,410

CONFERENCE COMMITTEE REPORTS-

SB 5, pardon and parole board............................................................ 368-369

SB 8, state auditor, qualifications........................................................

253

HB 11, teacher retirement .................................................................... 1379-1380

HB 12, game and fish commission........................................................ 334-335

SB 17, establish merit system................................................................

337-338

SR 31, General Assembly, salary of members.................................. 1386-1387

SR 32, General Assembly, abolish 10-day session.............................. 1342-1343

SB 43, birth certificates ........................................................................ 1399-140G

HB 67, salary deputy insurance commissioner.................................... . 1362-1365

HB 174, homestead exemption, household furniture........................

992

SB 174, gasoline, sulphur content.......................................................... 1408-1410

HB 251, unemployment compensation law amended........................ 1383-1386

HB 258, auto tags, deadline April 1....................................................

1387

HB 306, Lamar county, create board commissioners......................

988-991

HB 341, Lamar county, repeal advisory board.................................... 988-991

HB 437, DeKalb county waterworks advisory board......................

1378

HB 601, Richmond county $15 deposit in divorce cases................ 1391~1393

Constitutional amendments, advertise summary in each official organ,

HB 185 .................................................................................................... 201-202

Contraband articles, sale of, 1/3 to schools, HB 191.............................. 202, 297

Convicts, hire for farm work during war, HB 632..................1038, 1092, 1256-1259

Convicts, insane remove to Milledgeville, SB 198........................ 1096, 1131, 1337-1338

Convicts, receiving stations, to segregate, SB 199................................1133, 1267, 1414

Convicts, segregate first offenders, H B 217........................................220, 422, 584, 828

1434

INDEX

Convicts, 16-18, commit to trammg school, SB 86____________________________459, 581, 675, 759

Convicts, state pay costs in habeas corpus cases, HB 378____________________

442

Cooperate with President Roosevent, HR 12--------------------------------------49, 124, 133, 176 Cooperative association!', non-profit, charter 50 years, HB 333....392, 520-521,640,

1172, 1252 Coordinates, designate system for state surveying, HB 317_______________ _ 380,520

Corbett, Mrs. W. G., pay damage to auto, HB 382---------------------------- 443,840 Corporation suits, officers, reimbursed, SB 135.....---:------------------------------- 661, 1267

Corporations, officers, directors, reimbursed for expense of groundless

suits, HB 406..------------------------------------------------------------------------------------------ 473, 522

Correspondence schools, qualify with board of regents, HB 232__________

241, 802

Costs, supreme court and court of appeals, to revise, SB 50________________ 302, 424, 493

Costs, supreme court and court of appeals, pay monthly, HB 15L____

178,208

County audits, uniform schedules, HB 114--------------------------------------------- 145, 164,408 County boards of education, $5.00 per diem, HB 9L.128, 181, 370, 501-503, 900, 916

County boards of education, how selected in counties of less than 5

militia districts, HB 385-----------------------------------------------------------------------443, 610, 1016 County boards of health, neighboring towns represented,

HB 125 ----------------------------------------160, 344,410,425,461-462, 1382, 1388, 1406-1407 County lines, change within corporate limits, HB 231___________ _240-241, 609, 885, 918,

957-958, 984, 1116 County officers, furnished offices at county expense, HB 115______________ 145, 224, 409

County school superintendent, annual report to grand jury,

HB 215 ---------------------------------------------------------------------219, 262, 1137, 1316, 1321-1322 County school superintendents, clerical help, HB 73_______________ _113, 131-132, 157, 642

County school superintedents, elect every 4 years, HB 527__________________

683

County school superintendents, $50 per month extra pay, HB 381......442-443, 480

County school superintendents, prescribe qualifications, HB 433__________

537

Court reporters, amend code section 81-1102, HB 54____________________________

60

Court reporters, compensation in criminal cases, SB 55_______________ _302, 424, 723, 861

Coweta judicial circuit, compensation court reporters, HB 346______414, 480, 704, 861 Crawford county, four commissioner districts, HB 326______________390-391, 453, 488,680 Crawford county, two terms superior court, HB 366______________________417, 480, 549, 672

Credit unions, regulated like banks, HB 505____________________________________________ - 646, 909 Credit unions, regulated like banks, SB 171 ____________________________________________910, 1094, 1326

Criminal trials, judge to fix sentence, HB 74___________________________________.113-114, 150, 231

Crippled children, transfer care to board of health, HB 61 l________________

931

Cruiser Atlanta, bond drive, HR 1L---------------------------------------------------------- 43-44, 58

Cruiser Atlanta, bond drive, committee named, HR 49________________________

213

Cull fruits and vegetables, prohibit sale, H B 27....------------------------------------

51

Cusseta, build water works, HB 224____________________________________________________239, 317, 349, 508

INDEX

1435

D

Dade county, $100 per month to sheriff for home guard duty,

HB 364 ----------------------------------------------------------------------------------------416,455, 531-532, 679 Dade county, pay sheriff for home defense, SB 123............................526, 613-614, 1015

Dalton bedspread manufacturers present spreads......................................

429-430

Dalton, create polfce department, HB 646................................................ 1173, 1200

Damage suits, person must give notice of injury before filing, HB 431

515

Dance halls, suspend part of tax, SR 43.............................................. 1046-1047, 1095

Danielsville, abolish city court, HB 571.................................................... 793, 839, 879

Danielsville, regulate streets for business purposes, HB 304..............341, 452, 486,680

Darien city court, elect judge, HB 92............................................ 128-129, 207, 226, 426

Darien, close certain streets, HB 590..........................................872-873, 909,982, 1171

Davisboro, elect city clerk, HB 394......................................................471, 580,615, 828

Dawson county, abolish tax receiver and tax collector, HB 134........ 261, 277, 426

Dawson county, create commissioner roads and revenue, HB 192..203, 261, 277,427

Dawson county, repeal board of commissioners, HB 264........289, 450, 482-483, 678

Decatur county, air space safety zones established, HB 270..........290, 450, 483, 792

Decatur, salaries in city court, HB 262......................................276, 382, 402-403, 494

Deeds, attested to by army or navy officers, SB 98................................

525, 696

Defense, coordinate state and national, HB 554................................760-761, 805, 1141

DeKalb county, amend act abolishing tax receiver and collector,

HB 360 ----------------------------------------------------------------------------------------------416,455,490, 679 DeKalb county, board of education members ineligible to succeed

themselves, HB 282..........................................................................308, 396, 533, 678

DeKalb county, examination for electricians, HB 361....................416, 802, 1016, 1169

DeKalb county, fix date primary elections, HB 359........................416, 455,490, 679

DeKalb county, increase coroners fees, HB 197................................203, 382, 723, 869

DeKalb county, planning commission, HB 440.................................... 538, 802, 844, 972

DeKalb county or Fulton county, acquire land for parks,

HB 539 ------------------------------------------------------------------------------------------729, 804, 1016, 1413

DeKalb county, representative elected ------------------------------------------------------

6

DeKalb county, separate registered voters list each precinct,

HB 196 ---------------------------------------------------------------------------------------------.203, 300, 387, 508 DeKalb county, water works advisory board, HB 437..538, 610,662-663, 1172, 1180,

1238-1239, 1366-1367, 1378

Dental, nurses hygienists, examination and license, HB 19................50, 421, 636-637

Dentistry, license to practice in certain cases, HB 585..........................

832, 938

Department of health, salary of director, J-lB 108............................ 144, 183,408, 793

Department of law reorganized, SB 12................................................323, 423, 462-463

Department of natural resources, to abolish, HB 156..............191, 246,355-358,617

Department of public safety, to reorganize, HB 101............................ 143, 165, 376

Department of public safety, to reorganize, SB 46..........................248, 263, 283-284

Department of revenue, to abolish, HB 124.............. 160, 183, 251-253, 572, 585-588

1436

INDEX

Deputy msurance commissioner, fix salary, HB 67........ 108, 183,231,792,864,960,

1082, 1362-1365, 1366

Disbarment proceedings, fix time, HB 22............................................50, 151, 173, 390

Divorce cases, pay costs before final decree, HB 103............................

143

Divorce cases, pay fees in advance, HB 188............................................

202

Divorce cases, $10 deposit instead of $6, SB 31.........................,.......... 3%-397

Doctors, hospitals, required to publish list of patients who died under

treatment, HB 442..................................................................................

539

Dodge county, audit books, HB 575..................................................794, 839, 879, 1071

Dodge county, Comn\issioner appoint CPA as auditor, HB 416........

501

Dodge county, publish list of registered voters, HB 629....1037-1038, 1091, 1134, 1254

Dooly county, change terms of commissioners, HB 334............392, 454,488-489, 828

Dooly county, change terms of commissioners, HB 390........................ 444, 521, 546

Dougherty county, candidates designate opponents, HB 61........62, 207, 231,428-429

Dougherty county, furnished law books, HR 94........................515, 612, 722-723,952

Dougherty county, licenses and occupation taxes, HB 63 ..........62, 148, 166-167,256

Douglas county, clerical help for commissioner, HB 446..................539, 611, 663, 868,

1062-1063

Douglas county, create board of commissioners, HB 447.................... 539,611, 663

Douglas county, create office of commissioner, HB 344........................ 413, 454,489

Douglas, voters list 10 days before city election, HB 497............599, 695, 737, 871

Douglas, zone city, HB 327......................................................................391, 580,614, 869

Drivers' license, for 15-year-olds, HB 643....................................................

1125

Drunkenness, in public places, SB 136..........................................................

698

Dublin, suspension of employees, SB 221.................................................. 1133, 1176, 1201

E

Easler, Representative Millard, sworn in....................................................

22

East Point, zoning laws, HB 609......................................................931, 1009, 1048, 1253

Eatonton, elect city clerk, HB 396..........................................................471, 580, 615, 828

Echols county, three commissioner districts, HB 404............................472, 522, 547,681

Educational equalization law, change qualifications of group 2, HB 508

646

Elbert county, raise salary commissioners, HB 255..............................275, 299,322, 509

Elbert county, raise salary of clerk, HB 250........................................274, 298, 322, 509

Election canvassing board, to create, HB 149............................178, 208,634, 1123, 1322

Election returns canvassed..............................................................................

29-30

Election returns, to canvass, HR 6................................................................

18

Election returns, to canvass, SR 4..................................................................

22

Elections, blank forms, tally sheets, H B 150................................................ 178, 634

Elections, hours polls to open and close, HB 429........................................514, 692, 1205

Elections, other than primary, candidate's party must show 5% of

registered voters, HB 162..............................................................192, 299,634, 1388

Elections, primary and general, fix time, SB 96......................660, 696, 1390-1391, 1403

INDEX

1437

Elections, primary, chairman political party certify candidates with

secretary of state, HB 164-----------------------------------------------------.192, 299-300,635, 1388

Electric power, counties tax one cent per kilowatt hour, HB 523____________

683

Electric power, tax one mill per kilowatt, HB 310----------------------------------Eleemosynary institutions, board of directors, SB 100-------------------------------Eleemosynary institutions, own printing plants, operate hospitals,

379 482, 659

HB 172 --------------------------------------------------------------------------------193-194, 246, 364-365, 571
Ellis health law, to amend, H B 222-----------------------------------------.239, 297, 1116-1117, 1351 Emanuel county, abolish tax receiver and collector, HB 533______________728, 804, 844, 972 Embalming, state board created, SB 94__________________________________459, 581, 867, 891,918-919

Entomology, director of, SB 170-------------------------------------------------------------1046, 1093, 1342 Evidence, presenting in courts, HB 2L___________________________________________ _so, 207, 229-230, 428 Explosives, sale regulated, SB 19________________________________________________________582, 658, 1295, 1326

F

Farm board, to create, HB 242_____________________________________________________________ .257, 422, 993, 1182

Farm-labor appropriation bill, urge Congress to pass, HR 166________________ 1259-1260

Farm labor, investigate importation of in South, HR 67____________________________

284-285

Farm products, reciprocity with other states in transportation, HB 526

683, 803

Farm products, Secretary Wickard urged to remove restrictions,

HR 161 ---------------------------------------------------------------------------------------------------- 1140-1141 Farmers market at Macon, report on investigation____________________________________ 1357-1358 Farmers markets, limit number of dealers, HB 410___ _::____________________________473, 580, 1248

Fertilizer inspectors, provide for six, HB 236_______________________________________ _241, 298, 751-752

Fertilizer, registration and reports, HB 428_______________________________________ _514, 692, 885, 1421

Fertilizer, 25% penalty when plant food is off 10% or more,

HB 243 ---------------------------------------------------------------------------------------.258,422, 752, 787-788

Fertilizer, urge release of nitrogen, HR 48.------------------------------------------------

213

Fiduciaries, intermediate reports, SB 84------------------------------------------------------660, 771, 1327 Fiduciaries, joint control of money or assets, HB 455________________________572, 611, 753, 1298

Fiduciaries, sale of notes regulated, HB 33----------------------------------------------- 52, lSI, 211

Fiduciaries, sale of notes regulated, SB 22-------------------------------------.263, 300, 523, 637-639

Fiduciaries, sell stocks and bonds, SB 24------------------------------------------------------ 263, 523, 639 Fiduciaries, sell stocks on exchange, HB 31_____________________________ _52, 151, 211,426, 460-461

Fiduciaries, suspension upon petition of parties entering armed forces,

HB 152 ------------------------------------------------------------------------------------------------------ 178, 579 Finance commission, to establish, HB 8.------------------------------------------------------- 46, 149, 168

Finance commission, to establish, SB 9-------------------------------------------------------- 247, 262, 280 Fire insurance, recover full amount for total loss, HB 106______________________ 143-144, 1090
Firemen, wartime mobilization, HB 553_________________________________ _760, 805, 1155-1156, 1421

Firemen, wartime mobilization, SB 186_____________________ -------------------------------1268, 1304-1305 Firing woods, made felony, HB 577____________________________________________________794, 839, 1156, 1352

Fish ladders, to require on barriers across streams, HB 576____________________ 794, 877

Fish, to designate game fish, provide seasons, HB 168_________________________ _193, 224, 674, 760

1438

INDEX

Fishing, allow hook and line with worms at any time, HB 363................

416

Fishing, prohibit commercial, except shad, HB 319.....--------------------------------Flour and bread, regulate manufacture of, SB 143....................................

380 772,910

Flour, grits, corn meal, size of sacks, HB 619...........--------------------------------- 975, 1091 Flour mills, those constructing given right of eminent domain, HB 69.... 112,838

Foley, Frank D. named member W. & A. railroad commission,

HR 82 ..........................................................................................380-381, 481,531,828

Food for war, urge people to raise, HR 98..................................................

533-534

Food shortage, urge federal government to forestall, SR 51......................843, 940, 1337

Forced sale, sell only sufficient property to pay execution, HB 200........ 217,422

Forsyth, close up streets, HB 268............................................290, 318,351,468,673-674

Forsyth county, correct voters list, HB 309................................................ 377, 453, 487

Forsyth county, create board commissioners, SB 128.................................. 583, 614, 666

Forsyth county, repeal board of commissioners, HB 532............................ 728, 803, 844

Forsyth county, tax assessor advisors, HB 308......................................377, 453, 486-487

Forsyth county, two terms superior court, HB 293.................................... 310, 479, 722

Fraser, Carlyle, presented to House..............................................................

133

Fraternal insurance, revise laws, SB 169.................... 1046, 1093, 1289-1290, 1313-1314

Fraternal insurance, to codify laws, HB 471... .....................................575, 769, 928, 952

Fraternal insurance, to further regulate, HB 482....----------------------------------

596

Fulton county, amend act approved July 22, 1929, HB 79............ 114, 148-149, 365-366

Fulton county, amend police and fireman pensions, HB 580............795, 977, 1036, 1170

Fulton county, create civil service board, HB 189....202, 579, 706-720, 1124, 1141-1155

Fulton county, create pension board, SB 179....................................843, 910,1135,1413

Fulton county employees in consolidated dept., share in pensions,

SB 225 ----------------------------------------------------------------------------------------.. 1269, 1305, 1354-1355 Fulton county, fix salaries of officials, HB 329............................................ 391, 479, 527

Fulton county, master electricians examination, SB 61.............................. 264,481, 702

Fulton county, naturalization of voters, SB 176..............................842, 1010-1011, 1293

Fulton county, operate schools 24 hours basis, HB 369........................417, 455,531,726

Fulton county, pension for Mrs. Charles E. Lyle, HB 551..................731, 805,845-846

Fulton county, photostatic equipment for records, SB 207....980, 1011, 1294, 1334-1335

Fulton county, police pensions amended, SB 120....................................526, 613, 703, 753

Fulton county precinct areas, SB 175..........................................................842, 1010, 1293

Fulton county, preserve applications for ballots, SB 177..........................842, 1011, 1293

Fulton county, recording title instruments, HB 436....................................

538

Fulton county, slum clearance, HB 153..................................................1 79, 297, 703, 869

Fulton county, supplementing funds board of education, SB 41.............. 184, 375, 385

Fulton county, voters must vote in home precinct, SB 203......................980, 1011, 1293

G

Gainesville retirement fund, amended, HB 635..................1039, 1091, 1134-1135, 1254

Game and fish commission, to create, HB 12....47, 149, 168-173, 254, 326, 334-335, 336

Game and fish commission, to create, HB 42............----------------------------------

54

INDEX

1439

Garnishments, $500 exemption deceased employee, SB 153........................

979

Garnishments, may answer to superior court, HB 283............................ 308-309, 423

Garrett, L. T., pay for damage to truck by highway department,

HR 152 ....................................................................................................

947

Gasoline, kerosene, flash points, HB 233................................................241, 450, 961-963

Gasoline, stamp tanks to show gallonage at time of delivery, HB 55......

60

Gasoline, sulphur content, SB 174.. 1046,1131,1372-1376,1388,1390,1408-1410,1413

Gasoline tax, abolish exemption to federal government,

HB 596 ................................................................................874, 1092, 1203-1204, 1421

Gasoline tax, exempt agricultural purposes, HB 229.................................. 240, 769

Gasoline tax, exempt aviation gasoline, SR 66........................................ 1270, 1306, 1419

Gasoline tax, levy on consumer, deductible from income tax, SB 70......458, 659, 1002

Gasoline tax, report to comptroller last day of month, SB 218................ 1133, 1176

Gasoline truck tax, $10, repealed, SB 92......................................................459, 771, 1001

General Assembly, no per diem for services 10 days after adjournment,

HB 32 ......................................................................................................

146

General election, August biennially, SB 145................ 1045, 1093, 1367-1369, 1383, 1403

General elections, fix time for holding, HB 278.......................................... 308,451

"George Plan" federal income taxes, to endorse, HR 30............................

133

Georgia Railroad, pay taxes same rate of other corporations,

HB 116 ................................................................................................145, 466, 816, 952

Gilbert, Judge Price, introduced to House..................................................

200

Gibson, amend act incorporating, HB 478..............................................593, 693, 735, 871

Gilmer county, create county commissioner, HB 418. ................................. 512, 583, 726

Gilmer county, repeal office of commissioner, HB 417........................512, 545,583,726

Glascock county, create board of commissioners, HB 121............159, 296, 319-320, 508

Glascock county, prohibit commissioners being employed by county; also

printing to be done by offcial organ, HB 120................................ 159, 296, 319, 507

Glascock county, repeal board of commissioners, HB 328....................391, 453, 488,681

Glascock county, traveling expense commissioners, HB 36....................53, 148, 166, 287

Glynn county, abolish J. P.'s, HB 548....................................................731, 771,808,972

Glynn county, declare proper name of "Sea Island", HR 142................909, 1014, 1172

Glynn county, safeguard reserve fund, HB 131....................................161, 261, 276, 426

Glynn county, state properties commission sell land, HR 137........796, 877, 1002, 1172

Goddard, Pete, relieved on bond of Noah Grimes, HR 71..................310, 481,722,828

Gordon county, salary of commissioner, HB 432..................................515, 610, 662, 869

Governor Arnall, joint session for message, HR 140..................................

872

Governor, removed from boards, HB 9....................................................46, 123-124, 132

Governor, removed from boards, SB 10..................................................166, 182, 197-198

Governor, to address joint session, HR 151................................................ 945, 950

Governor, to confer with, relative to joint session, HR 150...................... 930, 949-950

Governor's address, March 3, 1943, joint session........................................

952-957

Governor's budget message..............................................................................

66-74

Grand juries continued in session, SB 223.................................................... 1268-1269

1440

INDEX

Griffin judicial circuit, salary court reporter, HB 113-----------------------------

145, 478

(should read HB 113, error in caption), 703

Griffin, ceded Camp Northern property, SB 54________________________________481, 659, 1014-1015

Griffin, to cede Camp Northern property, HB 145...--------------------------------- 177,245,246 Guardians, define power acting for incompetents, H B 547________________731, 771, 928, 1124

Gwinnett county, regulate tourist camps, dance halls, HB 409________________

473

H

Habersham county, abolish city court, HB 5L__________________________________________ 60, 207, 225

Hand, Representative Fred, elected speaker p.ro tern.________________________________

18-20

Hapeville, zoning ordinances, HB 486--------------------------------------------------.597, 694, 736, 901
Haralson county, recreate office of tax receiver and collector,

HB 348 ----------------------------------------------------------------------------------------------414, 454,489,679

Harlem, zoning laws, HB 98.---------------------------------------------------------.142, 315,345-346,507

Harris, Representative Roy V., elected speaker____________________________________________

12-15

Harris, Speaker Roy V., resolution on illness of, HR 162------------------------

1167

Hart, Representative A. B., sworn in---------------------------------------------------------

29.

Hartsfield, Mayor W. B., addresses House________________________________________________

862

Henry county, abolish city court, HB 146_____________________________________________.177, 208, 226-227

Henry county, abolish city court, HB 507--------------------------------------------------- 646, 695, 738
Henry county, abolish city court, HB 626..-------------------------------------------------- 1005, 1098 Henry county, salary of clerk of commissioners, HB 587__________________832, 909, 981, 1170 Henry county, salary of ommissioners, HB 586________________________________832, 909, 981, 1170

Henry county, 3 terms superior court, HB 155------------------------------------179, 208,384-385

Henry county, 3 terms superior court, HB 627------------------------------------------- 1005, 1104

Herndon, Representative T. 0., correct vote for McCutchen as clerk____

116

Highway mileage, add road in Dawson county to state system, HB 515

648, 838

Highway mileage, add to state system, HB 294........---------------------------------- 310, 580

Highway mileage, add to state system, HB 469-----------------------------------------

575

Highway mileage, add road in Twiggs, Bleckley, Bibb counties, SB 113 1268, 1304

Highway mileage, add road in Twiggs, Wilkinson counties, SB 114________ 1268, 1304

Hill, A. M., extend sympathy on death of wife, HR 35---------------------------

158

Hinesville, judge's salary, city court, HB 216_______________________________.219-220, 317,348,508

Hodges, Mrs. Eloise, named assistant postmistress..----------------------------------

26

Hogs, illegal to sell without veterinarian certificate, HB 269____________________

290

Hogs, prohibit running at large for 10 days following vaccination,

HB 331 ---------------------------------------------------------------------------------------------------- 391, 938 HOLC, oppose liquidation, HR 155______________________________________ 1004-1005, 1093, 1187-1188

Holding and investment committee of sinking funds, HB 198__________________ 203-204, 297

Holidays, legal and religious, HB 43------------------------------------------------------.54, 150, 212, 441

Home gardening program endorsed, HR l2L____________________________________________

649, 806

Home gardening program endorsed, SR 48-------------------------------------------------

1133

Homestead exemption, applies under bona fide option to purchase
dwelling, SB 14L______________, ______________________._____________________________________772, 806, 1295-1296

INDEX

1441

Homestead exemption, for persons in armed forces, SB 118______________________ 661, 1094
Homestead exemption, "Homestead" defined, HB 419....513, 655, 788, 1298, 1311-1312 Homestead exemption, household furniture, May 1st, deadline,
HB 174 ----------------------------194, 316, 387, 678, 854-855, 861, 960-961, 992, 1082-1083 Homestead exemption, May 1st deadline, HB 175________________________________ 194, 316,584,793

Homestead exemption, reduce to $1,250.00, HB 280---------------------------------

308

Homicide, executor recover full value decedent's life, HB 377________________

442

Horse meat, sale prohibited, HB 87__________________ 128, 224, 366-368, 1123-1124, 1178-1179

Horses and mules, sale regulated, HB 345------------------------------------------------- 414,609

Hospitals, to provide liens, HB 29-----------------------------------------------------51-52, 150, 199,209 Hotels, not responsible for loss over $300, HB 322___________________________.390, 994-995, 1351

Hotels, restaurants, tourist camps, employ no persori with com-

muunicable disease, HB 450------------------------------------------------------------------- 553, 611

House attaches limited, HR 4------------------------------------------------------------------------

17-18

House officers, committees, remain after adjournments, HR 172____________

1361

House officers elected__________________________________________________________________________4, 12-17, 18-20, 22-26

House rules adopted, HR 3----------------------------------------------------------------------------

17

Housing authorities law, amended, SB 26_____________________________________________.382-383, 423, 463

Housing for "'"ar industries, SB 27---------------------------------------'----------------------- 383, 423, 464

Housing, state director created, SB 28--------------------------------------------------------- 383, 423, 464
Houston county, 5 commissioner districts, HB 573 __________________________793, 839, 1025, 1170

Houston county, two-term superior court, SB 11 1.._____________________________.525, 613, 701-702

Houston superior court, two terms, HB 323----------------------------------------------- 390, 479, 704

Hull, regulate use of streets, SB 229------------------------------------------------------.1201, 1268, 1306 Hull, streets for business purposes, HB 421...____________________ _513, 581; 615, 829,915-916

Hundred-year leases, grants in perpetuity, HB 34--------------------------------------

52

Hundred-year leases, grants in perpetuity, SB 23.------------------------------------- 978, 1267 Hunting and fishing licenses, HB 337__________________________________________________409, 454,668, 1389

Hunting and fishing licenses, free to men in service, HR 84---------------------- 418, 657 Husband and wife, compellable to- give evidence, SB 91.._______________________.482, 1045, 1339

I

Illegitimate child, no discrmination against, HB 340____________________ __413, 480, 1188, 1389

Inaugural address, Governor ArnalL____________________________________________________________

34-41

Inaugural committee, to be appointed, HR 5.-----------------------------------------------
Inaugural committee, to be appointed, SR 5------------------------------------------------
Inaugural escort committee, HR 1----------------------------------------------------------------

18,21 22
28-29

Inaugural program ------------------------------------------------------------------------------------------

31-34

Inauguration joint session, SR 7--------------------------------------------------------------------

22

Inauguration joint session, to adjourn, HR 8----------------------------------------------

29

Income tax, deduct alimony, HB 154____________________________________________________ 179, 316,624, 1351

Income tax, deduction allowed for amortization of war facilities,

HB 521 --------------------------------------------------------------------------------------649, 696, 856-858, 1299 Income tax, exempt dividends from banks, HB 60....61-62, 164, 230-231, 672, 815-816

1442

INDEX

Income tax, exclude recovery of bad debt, SB 237.._____________________.1270, 1306, 1410-1412

Income tax, extension requested for House members, HR 114________________

625

Income tax, incomes of charitable institutions exempted, H B 556..761, 805, 1194, 1421 Income tax, not necessary to verify, HB 238_______________________________ _257, 450, 675-676, 1353

Income tax, suspend for those in armed forces for 3 months after

duration, HR 99----------------------------------------------------------------------------------------

533

Income tax, $2,500 exemption widow or widower with minor child,

HB 422 ---------------------------------------------------------------------------------.513, 522, 655, 1166, 1421 Independent school systems, share in intangible revenue,

HB 388 --------------------------------------------------------------------------------------444, 655, 863-864, 1169 Industrial board, to abolish, HB 160________________________________________ 191-192, 208-209,251,325

Infants without bond, proceeds of property paid to prochein ami up to

$500, HB 439....----------------------------------------------------------------------------------------

538

Insolvent costs of officers, pay out of fines in county treasury, HB 365

417

Insulin, furnished diabetics free by health dept., HB 524__________________________683, 803, 1210

Insurance agents, $5 fee, premium tax, HB 133____________________ 161, 609, 858, 862, 885-890

Insurance commission, to create, HB 412---------------------------------------------------

473

Insurance commission, to create, SB 138------------------------------------------------------

979

Insurance companies, furnished forms by insurance commissioner,

HB 161 ------------------------------------------------------------------------------------------------------

192

Insurance companies, joined as defendants where coverage is on private

carrier, HB 384---------------------------------------------------------------------------------------

443

Insurance companies, levy fees on, HB 297_____________________________ _340, 769, 1002, 1275-1279

Insurance companies, pay physicians' fee, HB 117______________________________________

145

Insurance companies, 3% tax on gross premiums, HB 31 L______________________

379

Intangibles tax, reduce rate, HB 239-----------------------------------------------------------257, 977, 1248

Interest, fix legal rate, HB 39-A-------------------------------------------------------------------

53

Interstate cooperation committee, authorize expenses, HR 105________________ 574, 657

Interstate cooperation committee, pay expenses, SR 50______________________________843, 878, 1414

J

Jackson, extend cemetery boundaries, HB 241___ __________________________________ _257, 317,349-509

Jeff Davis county, urge farmers' market, HR 170-------------------------------------- 1325, 1353 Jefferson county, fees in divorce cases, HB 557_ _______________________________761, 805, 1013, 1170

Jefferson county, furnish supreme court report, HR 129________________763, 806, 1014, 1197

Jenkins county, abolish tax receiver and collector, SB 236_________.1269, 1305-1306, 1355

Jenkins county, dispense with quarterly reports, SB 208__________________________980, 1011, 1051

Jewish homeland in Palestine, endorsed, HR 131________________________________________ 788,828

Johnson, Mrs. J- W., named postmistress----------------------------------------------------

26

Johnston, Representative Joe, sworn in________________________________________________________

44

J- P.'s, compensated in criminal cases, HB 93 ___________________________ .129, 196, 370, 786, 1123

J- P. dockets, blank forms, HB 94__________________________________________ 129, 181, 370, 500-501, 786

J. P. dockets, 1st day of 1st term superior court, HB 535 ______728, 729, 804, 1119, 1352

INDEX

1443

Judge, policy holder mutual insurance company, not disqualified,

SB 126 ------------------------------------------------------------------------------------------698, 771-772, 894-895 Judges emeritus, office created, SB 90_________________________________________.582, 613, 925-927, 1255

Judges, not disqualified because policy holder in mutual insurance com-

pany, HB 389------------------------:----------------------------------------------------------------- 444, 692, 855 Judges, superior court, retire after 20 years service, HB 18L__________________ 201,579

"Juliette Low Girl Scout Day", HR 115.---------------------------------.599-600, 696, 1035, 1298

Juries, allow women to serve, HB 353....---------------------------------------------------

415

K
Kell, Capt. Mcintosh, urge naming U. S. destroyer in his honor, H R 171 --------------------- ______ -------------- ____________________________________ --------- ______________ _
Knox, Frank, Secretary of Navy, invited to House, HR 165___________________ _

1325, 1353 1209

L

Labor dispute, to define, HB 184--------------------------------------------------------------- 201, 424 LaCount, J. M., relieved on bond of Dave Meadow, HR 95____________515, 612, 705,828

LaGrange, extend city limits, HB l4L...----------------------------------------------177, 316,346,508 Lamar county, create board of commissioners,

HB 306 -----------------------341, 452,486,827,853-854,919,958-959,988-991 Lamar county, repeal advisory board,

HB 341 --------..413, 454, 489, 827, 852-853, 920, 959-960, 988-991 Lands registration act amended, HB 35.........------------52, 121, 151, 211-212, 466 Land sales, not legal until ordinary gives leave to sell, HB 427................ 514,692

Landscape gardeners' lien, HB 325.....--------------------------------Laundries, dry cleaners, authorized to sell goods for unpaid charges,

390, 479

H B 560 -------------------------------------------

761

Lanier county, court abolished, HB 604....------------------------------904, 939, 1012, 1171

Lanier superior court, 4 terms, HB 605....--------------904, 939, 1014, 1171 Laurens superior court, library to furnish law books, SR 40..........459, 614, 1290-1292

Lawyer admitted to bar after 10 years practice in other states,

HB 275 -----------------------------.291-292, 423, 895, 917 Leslie, enlarge duties tax assessor, HB 485............................................597, 694,735,871
Lewis, Representative Ralph E., commended for entering armed forces,

HR 41 --------------------------------

185

Libel law, repeal additions in act of 1939, HB 245------------- 258, 908

Liberty county, salary board of commissioners, HB 289...------------.309, 451, 484, 679

Licenses, declared public nuisance to practice profession without,

HB 336 -------------------------------- Life insurance companies, required to invest in Georgia securities,

404, 423

H B 367 ---------------------------

417

Life insurance, incontestible after 12 months, HB 368................................

417

Life insurance, incontestible after two years, HB 49.........-------------59, 450, 862-863

1444

INDEX

Limited partnerships authorized, HB 520---------------------------------------------------- 649, 770

Livestock auctions, appoint person to weigh, HB 458.------------------------------- 573, 802

Livestock, health board, to establish, HB 559---------------------------------------------

761

Loans to persons not members, HB 62--------------------------------------------62, 315, 365, 792, 812

Lobbying, constitutional provision against read to House________________________

429

Lobbyist, require to wear identification badge, HB 401____________________________ 472,655

Local bills, copy of advertisement filed with secretary of state, HB 570

793

Long county, county attorney, HB 491_________________________________________________ .598, 694, 736, 871

Lumber liens, for hauling, HB 330--------------------------------------------------------------- 391, 1045 Lumber, unlawful to misrepresent measurement, scaling, appraisal,

H B 211 ------------------------------------------------------------------------------------------------------

219

Lumpkin county, abolish two commissioners, SB 103___________________________.504, 524, 547-548

Lumpkin county, reducing board of commissioners by two members,

H B 301 ------------------------------------------------------------------------------------------------------ 340, 452, 485 Lunches for school children, levy tax, SB 166______________________________________878, 977-978, 1117

M

Machinist, mechanic, provide examination and registration, HB 202____

217

Macon county, abolish county treasurer, SB 184____________________________________878, 910, 983-984

Macon county, depository, HB 538.------------------------------------------------------------ 729, 770, 808 M aeon, fire hazards, H B 490----------------------------------------------------------------.598, 694, 736, 871 Macon, re-enact city charter, SB 58________________________________302, 456, 492-493, 494-495, 507 Macon, retirement employees water commissioner, HB 267_____________.290, 318,351,468 Macon, supplementary pensions policemen, firemen, HB 207_____________.218, 317, 348,467 Madame Chiang Kai-Shek, invited to address General Assembly,

HR 127 ------------------------------------------------------------------------------------------------------

757

Madison County Academy, elect trustees by people, HB 37L__________________

418

Madison County Academy, fix status, HB 303___________ _341, 452, 485-486, 725, 812-813 Mansion property, extend lease, HB 637______________________________ 1039, 1091-1092, 1109-1115

Mansion site lease commission, to create, HB 636________________________1039, 1091, 1109-1115

Manufacturing plants, age limit night employees lowered to 18,

SB 140 ----------------------------------------------------------------------------------661, 1010, 1072-1073, 1082 Marietta, authorize purchase property for public streets, HB 259....276, 318, 350, 468 Marietta, extend city limits, HB 472.____________________________________________ _575, 693, 734-735, 900
Marietta, extend sewer lines, HB 257___________________________________________________.275, 318, 350,467

Marietta, planning commission, HB 260----------------------------------------------.276, 318, 350,468 Marion county, pay premium on bond of treasurer, HB 395______________471, 522, 546, 681

Marketing system for agriculture products, SR 57...--------------------------------- 1047, 1094

Market roads, require highway commission to pave, HB 78____________________

114

Marriage license, certificate from physician required, HB 135________________

162

Marriage licenses, require birth certificate of those under 21, HB 58L__

795

Marriage licenses, require doctor's certificate, HB 566--------------------------- 762, 839

Marriage licenses, to regulate, SB 56------------------------------------------------------------

1177

Maternity homes, to regulate, HB 138___________________________________________ _176, 296,410, 745-747

INDEX

1445

Melton, Wightman F., named poet laureate of Georgia, HR 53____________ 220, 247

Melton, Wightman F., named poet laureate, SR 30--------------------------------- 265, 335 Merit system, to establish, SB ]7_____________.248, 263, 282-283, 325-326, 327, 337-338, 364

Meriwether county, compensation of treasurer, HB 287___________________.309, 451,484, 679

Message from Governor, auto tag extension________________________________________________

273

Message from Governor, commending General Assembly________________________ 115-116

Message from Governor, joint session to hear, HR 140____________________________

890

Message from Governor on adjournment______________________________________________________ 1416-1417

Message from Governor on suspended taxes------------------------------------------------ 235-237

Message from Governor, Tattnall Prison loan, SR 8--------------------------------

108-109

Metal date strips for auto tags, SR 33___________________________________________________.397, 457, 568-569

Military drill for boys, SR 16.....,..-----------------------------------------------------------.184, 263, 281-282 (error in caption)
Military forces, fresh pursuit, SB 16________________________:___________________________________ 582, 658, 898
Military forces, special policemen, SB 18_______________________________________________.582, 658, 896-898

Milk, evaporated, add cotton seed, soybean or peanut oil, SB 106____________ Milk plants, slaughter houses, commissioner of agriculture to regulate
sanitation, HB 583----------------------------------------------------------------------------------Milk, require pasteurization in milk sheds over 50,000, HB 574_____________ _ Milledgeville, Old Capitol Square, $12,900.30 for street assessments,

841, 978
795,840 794,940

HR 153 --------------------------------------------------------------------------------974, 1093, 1260-1262, 1389 Millen, abolish city court, SB 209____________________________________________981, 1011-1012, 1050-1051

Millen, establish city court, SB 210.------------------------------------------------------------- 1095, 1131 Miller county, add one commissioner, HB 510___________________________________:547, 695, 738, 872 Miller county, solicitor city court on salary, HB 51 1____________________647, 695, 738-739, 872

Mineral Bluff, new charter, HB 631__------------------------------------------------------1038, 1091, 1134 Minor children, appeal from custody award, HB 312-------------------------------- 379,470
Minor children, year's suppor, HB 32---------------------------------------------------------- 52,211,428 Minor children, year's support, SB 25---------------------------------------------------.301, 523,639-640 Misdemeanor cases, motion to parole entertained by judge at any time,

HB 531 ---------------------------------------------------------------------------------------------------728, 803, 1182 Misdemeanor cases, superior court divested of in counties having city

county court, HB 214------------------------------------------------------219, 520, 1194, 1205-1208 Mitchell county, tax collector made ex-officio sheriff, HB 480__________________ 593-594, 693
Montgomery county, amend act new board commissioners,

HB 622 ---------------------------------------------------------------------------995, 1010, 1049-1050 Montgomery county, repeal act amending act new board commissioners,

HB 621 --------------------------------------------------------------------------------------------995, 1010, 1049

Moore, Wiley, invitation to barbecue accepted, HR 144---------------------------- 894, 952, 969

Moore, Wiley, thanked for barbecue, HR 163____________________________________________

1264

Moreland, create new charter, HB 44L------------------------------------------------- 539, 692 Morgan, abolish city court, HB 487_______________________________________________________ _597, 656, 700, 871

Morgan county, salary clerk of commissioners, SB 99....-------------------------- 459, 524, 547 Morris, Ensign David Ashley, death deplored, HR 29-------------------------------- 132-133 Morrow, to incorporate, HB 357....---------------------------------------------415, 580, 614, 792

1446

INDEX

Mortgages, bills of sale, renewal notices, SB 8L.............................525, 698, 1295, 1326 Mortgages, railroad corporations excluded from 7-year filing limitation,
HB 89 .......................................................................... 128, 245, 370, 438-439, 642-643 Motor carrier, exclude vehicles hauling peanuts and peaches,
HB 123 .............................................................................................. 160, 245, 386, 681 Moultrie, create new charter, HB 449..................................................540, 581, 616, 870 Moultrie, repeal sales and income tax, HB 644......................................1125, 1176, 1201 Moultrie, repeal sales and income tax, SB 238......................................1270, 1306, 1355 Murray county, working streets in incorporated towns,
HB 295 ------------------------------------------.310, 452, 484-485, 680 Music, copyrighted, repeal royalty license, HB 142........177, 261,883-885, 1185-1187

Me

McAllister, Fred G., to address General Assembly, SR 45....................

504

McCutchen, Clerk P. T. Jr., commended, HR 10................................

31

McCutchen, P. T. Jr., elected clerk............................................................

15-17

McElmurray, W. L., death deplored, HR 54............................................

234

McGill, Ralph, presents "Scrapdrive" winners............................................

66

Mcintosh county, consolidate tax receiver and collector, HB 299......340, 452,485, 680

N

Narcotic Drug Act, amended, SB 85....................................................458, 613, 895-896

Narcotic Drug Act, to amend, HB 613....................................................

974

Naturopathy, to create board, H B 25........51, 306, 344, 388, 430-438, 459-460, 780-786

Neal Ernest, death deplored, HR 62..............................................................

268-269

Negro division, Georgia training school for girls, HB 44............54, 344, 404,405, 571

New trial, judge "must" grant, HB 81................................................120, 260-261,366

Night clubs, theatres, provide adequate exits, HB 285............................ 309, 609

No fence law, exempt mountain areas, HB 143................................ 177, 261, 386, 508

Northeastern judicial circuit, salary for solicitor, HB 281....308, 423, 1116, 1137-1140

Notify Governor, General Assembly ready to adjourn sine die,

H R 174 ................................................................. ------------------------- .. . 1407, 1415

Notify Governor, regular session concened, HR 25 .........------------------

120

Notify Governor, 10 day session convened, HR 2....................................

17

Notify Governor, 10 day session convened, SR 2........................................

21,22

Notify Senate, House convened in regular session, HR 24.................. 119-120

Notify Senate, House organized, HR 1....................................................

17

0

Ocmulgee bridge urged, SR 44..........................................................................

533

Oconee county, consolidate tax receiver & tax collector, HB 199....217, 261,277,427

O'Conner, Congressman from New York, addresses House................

462

INDEX

1447

O'Conner, Marion L., thanks House for cooperation in Cruiser Atlanta

bond drive ------------------------------------------------------------------------------------------------

1211

Official organs, eligibility preserved for duration of war, HB 159____

191

Official organs, status preserved for duration, SB 65____________________________ 302, 524, 589

Oglethorpe, amend charter registration voters, SB 42---------------------------- 397, 456, 491 Oglethorpe county, furnish court reports, HR 158__________________ 1038, 1093, 1188, 1353

Oil well, annuity to first to drill well on commercial basis, HB 218____ 220, 802

Old age pensions, require immediate investigation of eligibles, HB 415

474

Old records, departments authorized to destroy, HB 140________ 177, 297, 748-749, 1264

Oliver, Representative A. G., sworn in____________________________________________________

120

OPA urged to increase kerosene allotment, HR 27________________________________

125, 141

Ordinary, construed to be commissioner of roads and revenues, HB 128

160-161

Ordinary, who to act for in case of sickness, HB 516--------------------------------

648

Outdoor advertising, to regulate, HB 498____________________600, 656, 1079-1080, 1100-1102

Oysters, regulate production, HB 339__________________________________________413, 454,672-673, 900

Oysters, shellfish, regulate sanitary conditions, SB 75____________________________ 303, 319, 403

p

Pacelot Manufacturing Company, Mill No. 4 commended for war

effort, HR 79--------------------------------------------------------------------------------------------

376

Pace parity bill, Congress urged to pass, HR 87------------------------------------

438

Paint, properly labeled to show ingredient~, HB 166.----------------------------- 193, 344, 988

Palmetto, salaries employees, HB 545______________________________________________730, 804, 1047, 1197

Palmetto, two-thirds vote to sell electric plant, HB 544_____________________ _730, 804, 1047

Paper bags, conform to war production orders,

HR 119 --------------------------------------------------------------647, 840, 1166, 1382-1383, 1403-1404 Pardon and parole board, HB 5________________________________________________45, 183-184, 198,231-232

Pardon and parole board consider misdemeanor cases, HR 130________ 763, 978 Pardon and parole board, consider misdemeanor cases, SR 59________ 1097, 1132, 1295 Pardon and parole board to create, SB 5___________________ _247, 262, 279-280, 303, 326-327

(should read SB 5) 368-369

Park committee, advft>ory, Governor appoint, HB 213 __________________________

219

Park committees authorized, SB 78----------------------------------------------------------- 265, 345, 403

Park, Judge J. B., felicitated on birthdaY--------------------------------------------------

862

Park, 0. A., death deplored, HR 72--------------------------------------------------------

307

Patterson, Dr. J. C., pay for treating injured state employees, HR 154 1004, 1094

Parks, to be used for victory gardens, HB 504____________________________646, 877, 1117, 1352

Paulding county, registration of voters, SB 215___________ .___________ .1096-1097, 1132, 1294

Pauper's affidavit in lieu of bond in foreclosure,

SB 39 ---------------------------------------------------------------------264,424, 465, 637, 910, 1119-1122
Peace officers annuity, HB 518-------------------------------------------------------------------- 648, 1009 Peace offcers, provide annuities, HB 183-------------------------------------------.201, 316, 590-592 Peach county, three terms superior court, HB 383________________________443, 481, 704,869

Peacock, Claude H., communication from.----------------------------------------------

137-138

1448

INDEX

Peanut problem, to investigate, HR 39......................................................

173

Peanuts, abolish dual price systme, HR 19................................................

64-66

Peanuts, incentive payments, readjust program, HR 138........................ 825-826, 902

"Peanut Week" designated, SR 26.............................................................. 152,224, 284

Pearson, salary mayor, HB 105............................................................ 143, 316,346,467

Pecans, regulate sale of, HB 41 1........................................................473, 580, 862, 1299

Pelham, zoning laws, HB 97....................................................................129, 315,345,467

Pembroke, city court, fix term and fees, HB 126.............................. 160, 208, 226,426

Pepperton, change city limits, HB 290................................................310, 451,484,643

Pharmacy corps, request Congress to establish in army, HR 141..873, 941, 1210, 1389

Pickens county, abolish tax receiver ana collector, HB 298............340, 452, 485, 680

Picketing, threat of force to prevent person from working made a

felony, HB 579........................................................................................

795

Peidmont judicial circuit, pay court reporter, SB 104........................482, 613, 702-703

Pierce county, compensation commissioners, HB 234........................241, 298, 321, 509

Pierce county, pay bond of sheriff, HB 569........................................ 763, 806, 846,973

Pipe lines, eminent domain, HB 256........................................275, 299, 622-624, 855, 856

Pipe lines, make tax returns to revenue commissioner as public utilities,

HB 562 .................................................................................................... 762, 1092

Pipe lines, tax returns to comptroller general, HB 83..............................

121, 769

Pipe lines, tax returns to revenue commissioner, SB 185........................ 878, 1095

Poll taxes, delinquents reinstated for $2, HB 190....................................

202

Poll taxes, exempt world war veterans, HB 263....................................

289

Poll taxes, $3 re-established delinquents, SB #........................................

264

Poll taxes, to abolish, HB 85......................................................................

121

Pool tables, tax on miniature sizes, HB 118............................ 145, 245,409,637, 1169

Post-war planning, urge industrial leaders to develop, HR 168.. 1272-1273, 1298-1299

Power of attorney, death of person executing couples with interest

in property, HB 430......................................................................514, 610, 1001, 1352

Press, resolution thanking newspapermen, HR 173.................................... 1378-1379

Principal, surrendering of, service by publication,

HB 620 ....................................................................975, 1010, 1117, 1136-1137, 1352

Prison board, HB 6,..............................................................................45-46, 183, 198, 232

Prison board, relieved of pardons and paroles, SB 6................................ 247, 262, 280

Prison commissioners, fix salary at $3600, HB 414..................................

474

Probation, parole, contempt of court to aid, or encourage violation,

HB 201 ....................................................................................................

217

Property of deceased person not affected by suits instituted within two

years of death, HB 292........................................................................

310, 479

Proportionate tax on personalty, for release, HB 102............ 143, 164, 377, 388, 404

Prostitution, to prohibit in tourist camp, etc., HB 137............ 162, 478, 742-745, 1388

Public funds, receipts and disbursements published, HB 158....191, 1009, 1156, 1247

Public service commission, compensation from motor common carrier

fees, HB 528 ....................................................684, 803, 1182-1184, 1376-1377, 1391

Public school system, memorialize Congress to aid, HR 34................

151

INDEX

1449

Public utilities, furnish certified annual reports to revenue commis-

sioner, HB 506----------------------------------------------------------------------------------------Public welfare laws amended, SB 7L.......-----------------------------------------------Putnam county, abolish monthly publication of reports,

646 458, 581

HB 399 ------------------------------------------------------------------------------471,522, 546-547, 681

Q
Quitman county, abolish and reestablish county court, SB 197....911, 1011, 1050, 1256 Quota crops, no farmers given special favors, HR 122.......................... 649, 806

R

Rabies, require inoculation of dogs, HB 194....................................203, 609, 1189-1193

Rabun county, referendum on abolishing city court, HB 534....728, 770, 807-808, 1299 Randolph county, terms and salary of commission, SB 204..................980, 1011, 1050

Real estate brokers, regulated in counties over 50,000, HB 228....240, 262, 387,617 Recorded instruments, certified copies authorized,

HB 112 -----------------------------------------------------------------------.144, 208, 408, 1354, 1397-1398 Recount in primary elections, appeals, SB 164.......---------------------------------- 979, 1010

Recount ballotse, how demanded, HB 230--------------------------------------------Registered voters list, clerk superior court file with secretary of state,

240, 300

HB 163 -------------------------------------------------------------------------------.192, 299, 635, 1298, 1317

Registered voters list, correct in each county, HB 157............................

191

Regular session, to convene, SR 10--------------------------------------------------

56

Representatives-elect, official list---------------------------------------------------------------

8-12

Representatives, sworn in-----------------------------------------------------------------------------

12

Rhodes, property commission, to create, HB 633.................................. 1038-1039, 1092

Riches, Pivers & Co., pay bondholders for calcium arsenate purchased

by state, HR 134......--------------------------------------------------------------------------794, 841, 1185

Riches, Pivers & Co., pay $32,549.80, HB 514....-----------------------------------

648

Richmond county, assistant-solicitor for city court, HB 617....974, 1009, 1104, 1253

Richmond county, $15 advance deposit in divorce cases,

HB 601 -------------------------------903, 941, 1014, 1354, 1361-1362, 1367, 1377,1391-1393 Richmond county, fix salaries deputy officials,

H B 612 -------------------------------------------------------------------931, 977, 1017, 1297, 1307-1311 Richmond county, judge city court may practice law, HB 602....903, 939, 983, 1299

Richmond county, repeal pension act, HB 107.................................. 144, 164, 384, 507

Richmond county, representative elected......................................................

7

Richmond county, salary assistant-solicitor superior court,

HB 616 -------------------------------------------------------------------------------------974, 1009, 1104, 1299

Rickenbacker, Capt. Eddie, invited to address General Assembly, SR 41

385

Riley, Representative A. C., sworn in........................................................

22

Ringgold, new charter, HB 588..__________________________________________________832, 909,981-982, 1170

Road paving, give county commissioners right to bid, HB 76................

114

1450

INDEX

Road paving, must be 24 feet wide, HB 78.--------------------------------------------

114

Rochelle, assess property in rem, HB 540_________________________________________.729, 804, 845, 972

Rockdale county, abolish tax collector, SB 162------------------------------------------ 734, 772, 809 Rockdale county, abolish tax receiver, SB 161____________________________________733, 734, 772, 809

Rockdale councy, create tax commissioner, SB 163.. -------------------------------- 734, 772, 809
Rockdale county, pay bond premiums of officials, SR 22------------------------ 184, 322 Rockdale county, regulate solicitation of votes, HB 332________________391, 454, 532, 1070 Rockmart, additional powers to mayor, HB 600______________________902, 939, 982-983, 1171 Rome, employee retirement fund, HB 186_________________________.202, 316, 346-347, 507, 557

Rome, vacancies in city offices, HB 187---------------------------------------------202, 316, 347,467

Rowland, W. D., death deplored, HR 143-----------------------------------------------

882

Rules of Senate and House, to revise, SR 69-------------------------------------------- 1270, 1306

Rum!, Beardsley, to address General Assembly, HR 89________________________ 461, 572

s

Salary buyers, fix rate of interest, HB 167-----------------------------------------------

193

Salary buyers, to regulate, H B 223--------------------------------------------------------------

239

Savannah, budget commission, HB 80__________________________________________ 120, 165, 184-185, 287

Savannah, extend city limits, HB 435_________________________________________________ _538, 581, 616, 793

Savannah, extend city limits, HB 493 _________________________________________________.599, 694, 737, 871

Savannah, recreation commission, HB 519____________________________648-649, 695-696, 739,872

Scalping on athletic tickets, to prevent, SB 21 1___ _______________ 1095-1096, 1267-1268, 1419 Schley county, consolidate tax receiver and colector, HB 272_______ _291, 451,483,828 School bus drivers, increased compensation urged, HR SO____________________ 213-214 School bus drivers, not classified as chauffeurs, HB 595______________________ 873-874, 940 School children and teachers, transportation, HB 347____________________________ 414,609 Screven county, abolish treasurer, HB 624________________________ 1005, 1045, 1097-1098, 1254

Screven county, correct injustice to treasurer, HB 625__________ 1005, 1045, 1098, 1254

Second hand watches, regulate sale, SB 222-------------------------------------------- 1200, 1268 Secretary of state, fix salary, HB 40_____________________________________________________.54, 124, 137, 363

Secretary of state, joint secretary examining board, duties of,

HB 318 -------------------------------------------------------------------------------------.380, 520, 993-994, 1351 Securities, license to sell, authority of secretary of state,

HB 220 -------------------------------------------------------------------------------239, 692, 1188, 1382, 1395 Seeds, regulate labeling of, HB 425___________________________ _514, 610, 752, 859-861, 1250-1252

Seeds, regulate labeling of, HB 555-------------------------------------------------------

761

Selman, Dr. 0. A., past due rent on Chattooga bank,

HR 101 --------------------------------------------------------------------------------------540, 657, 855-856, 1071 Share-cropper, tenant, dispossess for failure to work crop, HB 451 553, 581 Sheriff's fees, amend act fixing, HB 52________________________________60, 207, 230, 791, 854, 1081

Sheriff's fees from department of public safety, HB 177________________ 194, 246, 462, 643 Sheriff's fees from department of public safety, SB 73____________481, 524, 568, 749-750

Sheriff in armed forces, Governor to fill vacancy,

SB 125 ---------------------------------------------------.526, 659, 858-859, 890, 998, 1069-1070, 1083

INDEX

1451

Sheriffs, mileage allowance for those on fee basis, HB 465.................... 592, 656, 998

Shorthand, typing taught in high schools, HB 70........................................

112-113

Shorthand, typing taught in high schools, SB 37.................................... 264, 481

"Shut-Ins-Day", HR 33............................................................................ 146, 209,409,617

Sine die adjournment, HR 175......................................................................

1422

Simpson, Richard H., speaker of Florida House, addresses House........

666

Sine die adjournment, SR 73........................................................................

1256

Slot machines, to prohibit, SB 59................................................................

660

Small loans, reduce interest rate, HB 82....................................................

120-121

Small loans, to regulate, HB 253................................................................

275

Smith, Dr. Fred, assistant chaplain............................................................

27

Smith, William S., to address House, HR 80..........................................

376

Smyrna, zoning laws, HB 608......................................................927-928, 939, 983, 1171

Social security, urge Congress to equalize payments from funds,

HR 120 ........................649, 938 (HB 120 should read HR 120), 1035-1036, 1353

Soft drink tax, also amusements, HB 488..................................................

597

Solicitors general, leave of absence for armed forces,

HB 525 ....................................................................................683, 770, 928-929, 1169

Soperton, change time city court terms, HB 467................................574, 612, 665, 870

Special orders established, HR 55................................................................ 238, 250

Special orders established, HR 74................................................................ 339, 352

Special orders established, HR 81..........................................................378-379, 383-384

Special orders established, HR 83................................................................ 412, 424-425

Special orders established, HR 88................................................................ 440, 460

Special orders established, HR 90................................................................ 469-470, 491

Special orders established, HR 97................................................................ 511-512, 528

Special orders established, HR 100............................................................ 537, 548

Special orders established, HR 104........................................................570-571, 589-590

Special orders established, HR 110........................................................595-596, 618-621

Special orders established, HR 116........................................................644-645, 666-667

Special orders established, HR 123........................................................681-682, 700-701

Special orders established, HR 124........................................................726-727, 740-741

Special orders established, HR 128.............................................................. 758, 773-774

Special orders established, HR 132........................................................790-791, 810-811

Special orders established, HR 139........................................................831-832, 847-848

Speed limit, amend 35 mile law, HR 77....................................................

341

Speed limit, set at 35 miles per hour, HB 219........................................ 238-239

Squirrel hunting, no license required of persons over 55, HB 64............

62

State auditor, election of B. E. Thrasher, Jr............................................... 265-267

State auditor, House to elect, HR 60........................................................

265

State auditor, notify Senate of election of B. E. Thrasher, Jr., HR 61

267

State auditor, qualifications, SB 8.................................. 184, 196,227,232-234,253,256

State auditor, to be elected by General Assembly, HB 86.................... 128, 165, 366

State board of education, HB 4................................................................45, 131, 155-156

State board of education, to reorganize, HB 3........................................ 45, 131, ISS

1452

INDEX

State board of education, to reorganize, SB 3------------------------------------------ 152, 182, 197 State board of health, authorize to acquire laboratories and hospitals,
HB 139 --------------------------------------------------------------------------------------------176, 296, 748, 1351 State board social security, create, SB 117_______________ _525-526, 659,891,921-922, 1255
State constitution, committee to draft new, HR 147------------------------------ 903,941 State constitution, committee to draft new, SR 63_____________________________ .1047, 1094, 1247

State entomologist, to abolish, HB 463------------------------------------------------------ 573-574, 802 State examining boards, to abolish, HB 552______760, 805, 1077-1079, 1263, 1317-1320

State guard, pay members $50 per month, HB 59L________________________________

873

State guard, to create, HB 373______________________________________________438, 455, 594, 791, 811-812

State highway commission, to create, SB 116______________________878, 1131, 1314-1316, 1365

State highway No. 15, completion urged, HR 46..----------------------------------

204

State highway No. 44, completion urged, HR 47..----------------------------------

204

State highways, burn shoulders to protect forests,

HB 407 ----------------------------------------------------------------------473, 692, 1167, 1339, 1395-1396 State library commission, transfer to board of education, HB 387..443, 521, 675, 900

State park authority, indefinite appointment by Governor, SB 167________ 1176, 1200 State planning board abolished, SB 36_______________________________________________ .263, 301, 335-336

State school books, shall be printed in Georgia, HB 543_______.730, 838-839, 998-1001

State superintendent of schools, fix salary, HB 58.-----------------------------61, 150, 212,642

State tax redemption agency, to create, HB 598....----------------------------------

902

State treasurer and comptroller general, repeal code section to suspend,

HB 65 ------------------------------------------------------------------------------------------------------ 61, 150, 234 State treasurer and comptroller general, repeal code section to suspend,

SB 38 -------------------------------------------------------------------------------------------------.301, 345, 385-386 State treasurer and comptroller general, repeal suspension of, HB 7 46, 123, 132
State treasurer and comptroller general, to repeal suspension of

SB 7 ----------------------------------------------------------------------------------------------165-166, 182-183, 197 State treasurer, destroy old records, SR 47------------------------------------------------ 843, 941 State treasurer, fix salary, HB 17___________________________________________________ _50, 124, 136-137,363

Stephens superior court, 4 terms, SB 212---------------------------------------------.1096, 1131, 1292 Stetson, John B_ Co., to pay for goods sold state, HR 21__ _____________ .113, 344, 407-408 Stewart county, fix salary of clerk, HB 563______________________________________762, 805, 846, 973
Stewart county, salary of disbursing clerk, HB 564__________________________762, 806, 846, 973
Stills, illegal liquor, method of sale when seized, HB 457___________ _573, 693, 1211-1212

Stills, unlawful to have in possession, HB 492------------------------------------------

598

Stocks Coal Company, to pay $756.64, HR 73________________________311, 345, 1279-1282, 1389

Stone Mt. judicial circuit, salary court reporter, HB 438________________538, 610, 705, 972

Striplin, Hugh, elected messenger....--------------------------------------------------------------

24-26

Sugar Valley, bond issue, HB 484------------------------------------------------597, 693-694, 735, 870

Sumter county, allow hook and line fishing year round, HB 630__________ 1038, 1091

Sumter county, change officers to salary basis, HB 300________________________

340

Sumter county, repeal act candidates designate opponents,

H B 84 ------------------------------------------------------------------------------------------121, 207, 225-226, 426

Sumter, Lee, Crisp counties, allow fishing year round, HB 565__________

762

INDEX

1453

Sumter, Lee, Crisp counties, allow fishing year around, HB 572........

793, 839

Sunday movies for men in armed forces, HB 413............................474, 522, 561-564

Super-highways, urge Congress to build after war, SR 52.................... 843, 1045 Supervisor of purchases, to abolish, HB 119_______________________________________.146, 165,409-410

Syphilis, to prevent in unborn child,

HB 136 -----------------------------------------------.162, 450, 676, 741-742, 1172, 1179-1180, 1255

T

Talbot county, change time for superior court terms, HB 122........ 159-160, 208, 384

Talbot county, superior court term, SB 68--------------------------------------------- 264, 456, 492 Taliaferro county, abolish county treasurer, HB 465................574, 611, 664-665, 870

Taliaferro and Warren counties, ordinary to serve as clerk for com-

missions, HB 193....---------------------------------------------------------------------------.203, 261, 277,427 Tallulah Falls, amend acts incorporating, HB 461__ _______________________ _573, 693, 991, 1197

Talmadge, Eugene, petition to impeach as former governor______________________

63-64

Tattnal prison loan, to reinstate, SR 8-----------------------------------------------------.55-56, 108-109 Tax assessors, cannot hold other office, SB 137....------------------------------------ 698, 910

Tax collectors, may appoint deputies, HB 423.------------------------------------------Tax collectors, revenue commissioner to prohibit paying percentage on
taxes colected, H B 470....... ________________ ------------ ________________________________________ .
Taxes, authorize municipalities to levy 5% on wages or profits, HB 483

513, 1092
575,838 596-597

Taxes, equal payment on all kinds of property except religious and eleemosynary, HB 208_____________________________________.218, 262, 1248-1250, 1366, 1393-1395

Taxes, pay before contesting liability for, HB 53.......-----------------------------
Taxes, person making return subject to lien, HB 129........... ----------------Taxicab companies, repeal tax limitation of $500, HB 397____________________

60
161 471, 1092

Taxicabs, public service commission to regulate, HB 338--------------------- 412,413, 454 Teacher retirement sysem,

HB 11 ----------------------------------..47, 520, 1217-1238, 1334, 1338, 1340, 1365, 1379-1380 Telfair county, salary clerk, HB 26L------------------------------------------------.276, 299, 322, 617 Ten-day session, to adjourn, HR 23...--------------------------------------------------------- 112, 115

Ten-day session, to adjourn, SR 9--------------------------------------------------------------

56

Tennessee-Georgia boundary line dispute, HR 40... ---------------------------------

179,246

Testamentary guardian, HB 205_______________________________________________ _218, 422, 624,950, 1103

Thomaston, eligibility of councilmen for other offices,

HB 408 ----------------------------------------------------------------------------------------473, 580, 704-705, 829 Thomasville, commission form of government, HB 597................902, 938, 982, 1171

Thomson, salary of mayor, HB 237.............-------------------------------.241-242, 317,349,509

Thrasher, B. E., Jr., thanks house for election as state auditor..........

269-270

Time bill, central war time for Georgia, HB 20______________________________50, 183, 199, 232

Time bill, central war time for Georgia, SB 32----------------------------------- 209, 224, 251

Time, to designate standard, HB 109------------------------------------------------------

144

Title insurance, to define, HB 307................................375, 452-453,588,971,984-985

Tobacco, price ceilings urged, HR 112------------------------------------------------------ 598, 771

1454

INDEX

Tobacco, price ceilings urged, SR 53------------------------------------------------------- 662, 841 Tobacco, regulate warehouse, auction sales, HB 358.___________415, 480, 864, 891, 1102

Toms, M. D., elected doorkeeper----------------------------------------------------------------

22-24

Toombs county, 5 man commission, HB 39---------------------------------------------- 53, 148, 166 Toombs county, 4 terms superior court, HB 38.________________________________ _53, 207, 230,428

Toombs county, prohibit hunting deer, HB 45___________________________________ _54, 223, 249,428

Trade names, registration of business, application published in official organ, HB 546______________________________________________________572-573, 881, 908, 1273-1275, 1421

Traylor, Mrs. Harriet, named secretary to speaker____________________________________

26

Treutlin county, $15 deposit in divorce cases, HB 638.___________ 1039, 1130, 1211, 1352

Trial' judges, authorized to change sentence at any time, HB 645____ 1125, 1200

Trusts and trustees, to regulate, HB 127---------------------------------------------------Tucker, Sergeant Woodrow, communication from____________________________________

160 138-139

Turner, Representative Mel!, correct vote for McCutchen as clerk____

116

Twiggs county, commissions for tax commissioner, SB 217______________ 1096, 1132, 1294

Twiggs county, 4 year term for commissioners, HB 614________974, 1009, 1048, 1299 Twiggs county, sheriff $100 per month extra, SB 216___________.1096, 1132, 1292-1293

Twiggs, superior court, fix two terms, SB 152----------------------------------------842,940, 1292 Twiggs superior court, repeal two terms, SB 151._________________________________842, 940, 1292

Tybee, authorize sewerage system, HB 448_______________________ _540, 693, 734, 971, 985-986

Typewriters, state departments urged to turn over to government,

HR 96 ------------------------------------------------------------------------------------------------------ 515,657

u

Used car dealers, suspend one-half license tax, HR 36___________________.161, 246,386,617

Unemployment compensation division, department of labor, to repeal,

H B 210 ---------------------------------------------------------------------------------------------------.218-219, 1178

Unemployment compensation law, no benefits in certain cases, SB 150

772

Unemployment compensation law succession of employer experience rating, HB 251.__________________:_____________.274, 298-299,494, 1334, 1335-1337, 1339-1340,

1341-1342, 1382, 1383-1386

Unemployment compensation preserve benefits of those in armed forces,

HB 522 ---------------------------------------------------------------------------------------------------Unemployment compensation, preserve rights of those in service,

683,803

SB 192 ----------------------------------------------------------------------------------------1176-1177, 1305, 1418 Unemployment contributjons, revenue commissioner collect delinquents,

HB 370 ------------------------------------------------------------------------------------417, 480, 996-998, 1352
Union City amend charter, HB 30------.--------------------------------------------------.52, 315, 345,466 Union county, salary school superintendent, HB 380________________442, 609, 720-721, 869

Union county, to be deeded certain land by state, HR 76_______________ _341, 396, 532,901 University of Georgia, retirement system, SB 173________________________979-980, 1267, 1328

University of Georgia, retirement system for employees, HB 503____ 646, 769

University of Georgia, Rose Bowl foot-ball team commended, HR 78

375-376

INDEX

1455

University of Georgia, scholarships to practice medicine in small towns, HB 165 -.192, 344, 823-825, 1298, 1322-1323
v

Vagrancy, require able-bodied to work 40 hours a week, HB 568........

763

Valdosta, extend city limits, HB 628............................................1037, 1091, 1134, 1254

Valdosta, itemized statement of salaries, HB 615............974, 1009,1048-1049,1197

Venereal diseases, cooperate with law enforcement officers, HR 164.... 1189, 1264

Veterans affairs, to create House Committee on, HR 69....................291, 1132, 1210

Veterans, blind peddlers, operate without license, HB 634.................. 1039, 1093

Veterans' licenses, disabled, to include veterans of present war,

HB 286 ..........................................................................309, 451, 927, 1383, 1404-1406

Veterans' licenses free for certain businesses, HB 393............................ 470, 1092

Veterans' service office, salary of director, SB 241............................ 1270, 1306, 1420

Veterinarian, licensed without examination if practicing 25 years,

HB 212 ....................................................................................................

219

Veterinary laboratory, $15,000 to equip, HB 509..................647, 840, 1282-1284, 1421

Victory tax, members General Assembly, HR 59..............................257, 319,387,510

Vidalia, primary election, HB 403........................................................472, 580, 615, 792

Vocational training, equalize opportunities, SB 134................................ 979, 1337

Voluntary deed, priority, HB 41................................................54, 150-151,212,466-467

Voters' list, rules for making up, HB 452.................................................. 553, 693

w

"WAC Week" designated, HR 106.............................................................. 592,612-613

"WAC Week", SR 55....................................................................................

662

Wages of wife, husband not entitled to, HB 206......................218, 422,624-625, 900

Wages, paid in lawful money, checks, not apply to state, SB 165........ 773, 1267

Wages, suits to recover, fix time, HB 254............................275, 422, 750, 1298, 1366

Waller, Representative R. M., correct vote for McCutchen as clerk....

116

Walton county, furnished law books, HR 125..............................730, 806, 1156, 1353

Walton county, law books furnished, SR 58................................981, 1132, 1294-1295

War bonds legal investments, SB 62......................................................457-458, 523, 640

Warner Robins, to incorporate, SB 182.................................................... 843,940, 983

Washington county, increase salary of commissioner, HB 374......438, 455,491,679

Washington county, reduce bond of sheriff, HB 550............................731, 771, 808, 951

Washington county, $10 deposit in divorce cases, HB 398............471, 610, 721, 869

Waycross, recorder elected by city commission, HB 173................194, 692,734,869

Waycross to operate self-liquidating utilities, HB 111 ............................ 144, 196-197

Waynesboro, trial by jury of six in city court, HB 443..................539, 610, 663, 870

Wayne county, state deed certain land, HB 464................................574, 611, 664,900

Webster county, fix salary tax commissioner, HB 376....................442, 521, 546,680

Webster county, method of electing board of education,

HB 446 ........................,...............................................................539, 611, 705-706, 870

1456

INDEX

Webster county, salary, of commissioner, HB 375............................442, 521, 545, 680

Welfare reorganization act amended, SB 72............................................ 458, 581

Wigwam City, to incorporate, HB 178........................................................

195

Wilcox county, repeal act abolishing treasurer, HB 567................762, 839, 879, 1071

Wild life department, in each county, HB 104.................................. 143, 296,408, 988

Wild-life reforestation projects, HB 23.................................................... 51, 223,249

Wilkinson county, amend act creating board of commissioners,

HB 279 ............................................................................................308, 451,484, 828

Wills, copy filed with ordinary prima facie valid, HB 244....................

258

Wills, invalid, attorneys' fees allowed, HB 182............................201, 261, 1210, 1388

Wills, property of deceased person not affected if not offered for

probate within two years, HB 288...................................................... 309,479

Winder, commission form of government, HB 284............................309, 545, 583, 725

Winder, members board of education deal with city, HB 537......Jl29, 804, 845, 972

Woodbine, fix city limits, HB 561........................................................762, 805, 846, 972

Wood, Brig. Gen. Eric Fisher, escort committee, SR 38......................

289

Wood, Brig. Gen. Eric Fisher to address General Assembly, HR 66....

287

Workmen's compensation, include certain occupational diseases, HB 460

573

Workmen's compensation, increase for dependents, HB 352....................

415

Workmen's compensation, increase for partial injuries, HB 350..............

414

Workment's compensation, increase for total disability, HB 351............

414

Workmen's compensation, silicosis included as injury or accident,

HB 313 ....................................................................................................

379

Workmen's compensation law, to include state, county, municipal

employees, HB 606..........................................918, 1009, 1166, 1381-1382, 1398-1399

Worth, repeal charter, HB 203........................................................217, 317,347-348,508

NUMERICAL INDEX

HOUSE JOURNAL

(F9r general index see page 1423)

HOUSE BILLS

HB HB HB HB HB
HB - HB
HB HB HB HB
HB HB HB HB HB
HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB HB

1, Board of regents, to reorganize____________________________............#, 123, 133-134, 176

2, Board of regents ................................................................45, 131, 152-155, 249

3, State board of education, to reorganize...................................... 45, 131, 155-

4, State board of education............................................................4:S, 131, 155-156 5, Pardon and parole board............................................45, 183-184, 198, 231-232

6, Prison board ------45-46, 183, 198,232 7, State treasurer and comptroller-general, repeal suspension of 46, 123, 132

8, Finance commission, to establish.................................................. 46, 149, 168

9,- Governor removed from boards..........................--------46, 123-124, 132 10, Commissioner of agriculture, term extended....................46-47, 223, 248-249

11, Teacher retirement system............47, 520,1217-1238,1334,1338,1340,1365,

1379-1380
12, Game &. fish commission, to create....47, 149, 168-173, 254, 326, 334-335, 336

13, Adjutant general, qualifications...........----------47-48, 131, 156-157, 325 14, Borrowing power of Governor regulated................48, 181, 198-199,362-363

15, Board of control, transfer to board of education..................48, 149-150, 173

16, Agricultural & industrial board, to create......48, 520, 557-561,899,916-917,

1255, 1320-1321, 1340, 1365, 1380-1381

17, State treasurer, fix salary..................................................50, 124, 136-137,363

18, Columbus, salaries 'city court............................................50, 207,224-225,428

19, Dental nurses, hygienists, examination and license................50, 421,636-637

20, Time bill, central war time for Georgia................................50, 183, 199, 232

21, Evidence, presenting in courts............................................50, 207,229-230,428

22, Disbarment proceedings, fix time..............................................50, 151, 173,390

23, Wild life reforestation projects.................................................... 51,223,249

24, Compulsory school attendance..........................................51, 182, 199, 209-211

25, Naturopathy, to create board......51, 306, 344, 388, 430-438, 459-460, 780-786

26, Candidates for state offices, regulate campaign........................

51

27, Cull fruits and vegetables, prohibit sale......................................

51

28, Auto tags, pay ad valorem tax before procuring........................ 51,315,838

29, Hospitals, to provide liens..................................................-.51-52, 150, 199,209

30, Union City, amend charter............-...--------------------------------------.52, 315,345,466 31, Fiduciaries, sell stocks on exchange........................52, 151, 211, 426, 460-461

32, Minor children, year's support...................................................... 52, 211,428

33, Fiduciaries, sale of notes regulated.............................................. 52, 151, 211

34, Hundred-year leases, grants in perpetuity..................................

52

1458

INDEX

HB 35, Land registration act amended---------------------------------.52, 121, 151, 211-212,466 HB 36, Glascock county, traveling expense commissioners_______________ _53, 148, 166, 287 HB 37, Attorneys, file answers, defense pleadings__________________________________ 53, 245, 336 HB 38, Toombs county, 4 terms superior court__________________________________53, 207,230,428
HB 39, Toombs county, 5-man commission______________________________________________ 53, 148, 166

HB 39-A, Interest, fix legal rate---------------------------------------------------------------

53

HB 40, Secretary of state, fix salarY-----------------------------------------------------.54, 124, 137, 363

HB 41, Voluntary deed, prioritY---------------------------------------------.54, 150-151, 212,466-467

HB 42, Game & fish commission, to create----------------------------------------------

54

HB 43, Holidays, legal and religious---------------------------------------------------.54, 150,212,441 HB 44, Negro division, Georgia training school for girls_ ___________54, 344, 404-405, 571

HB 45, Toombs county, prohibit hunting deer___________________________________ _54, 223, 249, 428

HB 46, Appropriations, six months-----------------------------------------------59, 134-136, 173-174

HB 47, Appropriations, fiscal year-----------------------------------------.59, 165, 185-188, 255-256

HB 48, Claims against state, submit to state auditor____________________________

59

HB 49, Life insurance, incontestible after two years_________________________ _59, 450, 862-863

HB 50, Auto tags, tax collectors, commissioners to issue________________________

59-60

HB 51, Habersham county, abolish city court________________________________________ 60, 207, 225

HB 52, Sheriffs' fees, amend act fixing______________________________60, 207, 230, 791, 854, 1081

HB 53, Taxes, pay before contesting liabilitY------------------------------------------

60

HB 54, Court reporters, amend code section 81-1102____________________________

60

HB 55, Gasoline, stamp tanks to show gallonage at time of delivery____

60

HB 56, Confederate pensions, to increase______________________________________________60, 61, 224, 337

HB 57, New senatorial district, Lowndes and Echols____________________________

61, 655

HB 58, State superintendent of schools, fix salary________________________________61, 150, 212,642

HB 59, Adult illiterates, establish schools__________________________________________6l, 182, 230, 1169

HB 60, Income tax, exempt dividends from banks..61-62, 164, 230-231, 672, 815-816

HB 61, Dougherty county, candidates designate opponents________62, 207, 231,428-429 HB 62, Loans to persons not members________________________:_________________62, 315, 365, 792, 812

HB 63, Dougherty county, licenses and occupational taxes________62, 148, 166-167, 256

HB 64, Squirrel hunting, no license required of persons over 55________

62

HB 65, State treasurer and comptroller general, repeal code section

to suspend -------------------------------------------------------------------------------------- 61, 150, 234 HB 66, Comptroller general, fix salary______________________________________ lOS, 124, 137, 364, 369

HB 67, Deputy insurance commissioner, fix salary_______ JOS, 183,231,792,864,960,

1082, 1362-1365, 1366

HB 68, Butane gas, public service commission to regulate_______ _} 12, 260, 365,495-498

HB 69, Flour mills, those constructing given right of eminent domain HB 70, Shorthand, typing taught in high schools______________________________________

112, 838 112-113

HB 71, Adult illiterates, to instruct----------------------------------------------------113, 131, 157, 793

HB 72, Bonds from time executed, strike from code section 92-5510..

113

HB 73, County school superintendents, clerical help__________________ 113, 131-132, 157,642

HB 74, Criminal trials, judge to fix sentence_____________________________________ _} 13-114, 150,231

HB 75, Change of names, advertise in official organ----------------------------HB 76, Road paving, giving county commissioners right to bid____________

114, 150 114

INDEX

1459

HB 77, Road paving, must be 24 feet wide--------------------------------------------

114

HB 78, Require highway commission to pave market roads__________________

ll4

HB 79, Fulton county, amend act approved July 22, 1929_______ _1 14, 148-149, 365-366

HB 80, Savannah, budget commission-----------------------------------------.120, 165, 184-185, 287

HB 81, New trial, judge "must" grant.----------------------------------------------.120, 260-261, 366

HB 82, Small loans, reduce interest rate.--------------------------------------------------HB 83, Pipe lines, tax returns to comptrolle~ generaL_________________________

120-121 121, 769

HB
HB L "HB
HB HB HB

84, Sumter county, repeal act candidates designate opponents.. 121, 207, 225-226,

426

85, Poll tax, to abolish--------------------------------------------------------------------------

121

86, State auditor, to be elected by General Assembly____________________ 128, 165, 366

87, Horse meat, sale prohibited____________ 128, 224, 366-368, 1123-1124, 1178-1179

88, Clarke county, candidates name opponents___________________________ J28, 207,369, 507

89, Mortgages, railroad corporations excluded from 7-year filing

limitation -----------------------------------------------------------.128, 245, 370, 438-439, 642-643 HB 90, Athens, pension city employees_______________________________________ J28, 382, 397-402, 507

HB 91, County boards of education, $5.00 per diem.. 128, 181, 370, 501-503,900, 916 HB 92, Darien city court, elect judge_________________________________________ J28-129, 207, 226, 426
HB 93, J.P.'s compensated in criminal cases___________________________J29, 196,370,786, 1123 HB 94, ]. P. dockets, blank forms _______________________________________J29, 181,370,500-501,786
HB 95, Cobb county, planning commission_______________________________________ J29, 149, 167, 256 HB %, Cobb county, commissioner's compensation__________________________ 129, 149, 167,256

HB 97, Pelham, zoning laws---------------------------------------------------------------.129, 315,345,467

HB 98, Harlem, zoning laws-------------------------------------------------------.142, 315, 345-346, 507

HB 99, Commerce, registration books----------------------------------------------.142, 316,346,467

HB 100, Campaign expenses, candidates limited to $15,000______________________

143

HB 101, Department of public safety, to reorganize________________________________ 143, 165, 376

HB 102, Proportionate tax on personalty for release_______________ J43, 164, 377, 388, 404

HB 103, Divorce cases, pay costs before final decree________________________________

143

HB 104, Wildlife department, in each county_____________________________________ J43, 296,408,988

HB 105, Pearson, salary mayor-------------------------------------------------------------.143, 316, 346,467 HB 106, Fire insurance, recover full amount for total loss_____________________ J43-144, 1090 HB 107, Richmond county, repeal pension act_____________________________________ J44, 164, 384, 507
HB 108, Department of health, salary of director_____________________________ J44, 183,408, 793

HB 109, Time, to designate standard---------------------------------------------------------

144

HB 110, Clinch county court created---------------------------------------------------.144, 164, 185, 249

H B 111, Waycross, to operate self-liquidating utilities--------------------------- 144, 196-197 HB 112, Recorded instruments, certified copies authorized__________ 144, 208, 408, 1354,

1397-1398 HB 113, Griffin judicial circuit, salary court reporter____________________________ 145,478

(should read HB 113, error in caption), 703

HB 114, County audits, uniform schedules------------------------------------------------ 145, 164,408 HB 115, County officers, furnished offices at county expense________________ 145, 224, 409

HB 116, Georgia Railroad, pay taxes same rate of other corpora-

tions --------------------------------------------------------------------------------------145, 466, 816, 952

1460

INDEX

HB 117, Insurance companies, pay physician's fee....................................

145

HB 118, Pool tables, tax on miniature sizes.............................. 145, 245,409,637, 1169

HB 119, Supervisor of purchases, to abolish........................................146, 165, 409-410

HB 120, Glascock county, prohibit commissioners being employed by

county, also printing to be done by official organ................ 159, 296, 319, 507

HB 121, Glascock county, create board of commissioners........159, 296,319-320,508

HB 122, Talbot county, change time 'for superior court terms..........159-160, 208, 384

HB 123, Motor carrier, exclude vehicles hauling peanuts and

peaches ...................................................................................... 160, 245,386,681

HB 124, Department of revenue, to abolish.................. 160, 183, 251-253, 572, 585-588

HB 125, County boards of health, neighboring towns

represented ........................160, 344, 410, 425,461-462, 1382, 1388, 1406-1407

HB 126, Pembroke city court, fix term and fees................................160, 208, 226, 426

HB 127, Trusts and trustees, to regulate....................................................

160

HB 128, Ordinary, construed to be commissioner of roads and revenues

160-161

HB 129, Taxes, person making return subject to lien..............................

161

HB 130, Brunswick, city court, salary solicitor.................................. 161, 208, 226,426

HB 131, Glynn county, safeguard reserve fund.................................. 161, 261,276,426

HB 132, Confederate veterans, $100 funeral expenses.............................. 161, 224,410

HB 133, Insurance agents, $5 fee, premium tax..................161, 609, 858, 862, 885-890

HB 134, Dawson county, abolish tax receiver and tax collector............ 261,277,426

HB 135, Marriage license, certificate from physician required................

162

HB 136, Syphilis, to prevent in unborn child.................... 162,450,676, 741-742,1172,

1179-1180, 1255

HB 137, Prostitution, to prohibit in tourist camp, etc............... 162, 478, 742-745, 1388

HB 138, Maternity homes, to regulate........................................176, 296, 410, 745-747

HB 139, State board of health, authorize to acquire laboratories and

hospitals .................................................................................. 176, 296, 748, 1351

HB 140, Old records, departments authorized to destroy........ 177, 297,748-749, 1264

HB 141, LaGrange, extend city limits..................................................177, 316,346,508

HB 142, Music, copyrighter, repeal royalty license..........177, 261, 883-885, 1185-1187

HB 143, No-fence law, exempt mountain areas..................................177, 261,386,508

HB 144, Barbers and beauticians, create examining board......................

177,938

HB 145, Griffin, to cede Camp Northern property.................................... 177,245-246

HB 146, Henry county, abolish city court............................................ 177, 208,226-227

HB 147, Animals, to prohibit running at large..........................................

178

HB 148, Burglary, capital punishment.............................................-..... 178, 421,750,787

HB 149, Election canvassing board, to create.......................... 178, 208, 634, 1123, 1322

HB 150, Elections, blank forms, tally sheets..............................................

178, 634

HB 151, Costs, supreme court and court of appeals, pay monthly........

178,208

HB 152, Fiduciaries, suspension upon petition of parties entering armed

forces ..............................................................................................

178, 579

HB 153, Fulton county, slums clearance.............................................. 179, 297,703,869

HB 154, Income tax, deduct alimony..................................................179, 316,624, 1351

HB 155, Henry county, 3 terms superior court....................................179, 208, 384-385

INDEX

1461

HB 156, Department of natural resources, to abolish................191, 246,355-358,617

HB 157, Registered voters list, correct in each county............................

191

HB 158, Public funds, receipts and disbursements published........ 191, 1009, 1156, 1247

HB 159, Official organs, eligibility preserved for duration of war........

191

HB 160, Industrial board, to abolish...................................... 191-192, 208-209, 251, 325

HB 161, Insurance companies, furnished forms by insurance commis-

sioner ..............................................................................................

192

HB 162, Elections, other than primary, candidate's party must show

5% of registered voters........................................................ 192, 299, 634, 1388

HB 163, Registered voters list, clerk superior court file with secretary

of state ..........................................................................192, 299,635, 1298, 1317

HB 164, Elections, primary, chairman political party certify candidates

with secretary of state....................................................192, 299-300, 635, 1388

HB 165, University of Georgia, scholarships to practice medicine in

small towns .................................................. 192, 344, 823-825, 1298, 1322-1323

HB 166, Paint, properly labeled to show ingredients................................ 193, 344, 988

HB 167, Salary buyers, fix rate of interest................................................

193

HB 168, Fish, to designate game fish, provide seasons......................193, 224,674, 760

HB 169, Appointments of Governor, concurrent with term....................

193

HB 170, Clayton county, zoning act repeal.......................................... 193, 297,320,508

HB 171, Clayton county, tax commissioner act repealed....................193, 297,320,508

H B 172, Eleemosynary institutions, own printing plants, operate hos-

pitals ..........................................................................193-194, 246, 364-365, 571

HB 173, Waycross, recorder elected by city commission....................194, 692,734,869

HB 174, Homestead exemption, household furniture, May 1st dead-

line ..........................194, 316,387,678,854-855,861,960-961,992, 1082-1083

HB 175, Homestead exemption, May 1st deadline.............................. 194, 316,584,793

HB 176, Chattahoochee county, change superior court terms............ 194, 478,703-704

HB 177, Sheriffs' fees from department of public safety....................194, 246,462,643

HB 178, Wigwam City, to incorporate........................................................

195

HB 179, Attorney general, fix salary of......................................................

195, 246

HB 180, Atlanta, annex Buckhead................................................................ 200-201

HB 181, Judges superior court, retire after 20 years service................ 201,579

HB 182, Wills, invalid, attorneys' fees allowed..............................201, 261, 1210, 1388

HB 183, Peace officers, provide annuities..............................................201, 316, 590-592

HB 184, Labor disputes, to define................................................................ 201,424

HB 185, Constitutional amendments, advertise summary in each offi-

cial organ ........................................................................................ 201-202

HB 186, Rome, employee retirement fund............................202, 316, 346-347, 507, 557

HB 187, Rome, vacancies in city offices................................................202, 316,347,467

HB 188, Divorce cases, pay fees in advance................................................

202

HB 189, Fulton county, create civil service board..202, 579, 706-720, 1124, 1141-1155

BH 190, Poll taxes, delinquents reinstated for $2......................................

202

HB 191, Contraband articles, sale of, 1/3 to schools................................ 202,297

HB 192, Dawson county, create commissioner roads and revenues..203, 261, 277, 427

1462

INDEX

HB 193, Taliaferro and Warren counties, ordinary to serve as clerk

for commissioners ....................................................................203, 261, 277,427

HB 194, Rabies, require inoculation of dogs....................................203, 609, 1189-1193

HB 195, Clerk superior court, amend code section 101-207....................

203

HB 196, DeKalb county, separate registered voters list each

precinct ......................................................................................203, 300, 387, 508

HB 197, DeKalb County, increase coroner's fees................................203, 382, 723, 869

HB 198, Holding and investment committees of sinking funds................ 203-204,297

HB 199, Oconee county, consolidate tax receiver and tax collector..217, 261,277,427

H B 200, Forced sale, sell only sufficient property to pay execution........ 217, 422

HB 201, Probation, parole, contempt of court to aid or encourage

violation ..........................................................................................

217

HB 202, Machinist, mechanic, provide examination and registration....

217

HB 203, Worth, repeal charter......................................................217, 317,347-348,508

HB 204, Blind voters, illiterate or physically handicapped, persons may

help ................................................................................217-218, 300, 1275, 1389

HB 205, Testamentary guardian ................................................218, 422,624,950, 1103 .

HB 206, Wages of wife, husband not entitled to........................218, 422, 624-625,900

HB 207, Macori, supplementary pensions policemen, firemen............218, 317,348,467

HB 208, Taxes, equal payment on all kinds of property except religious

and eleemosynary ....................................218, 262, 1248-1250, 1366, 1393-1395

dB 209, Buena Vista, salary mayor, $500 limit..................................218, 317,348,508

HB 210, Unemployment compensation division, department of labor,

to repeal ..........................................................................................218-219, 1178

HB 211, Lumber, unlawful to misrepresent measurement, scaling,

appraisal ..........................................................................................

219

HB 212, Veterinarians, licensed without examination if practicing 25

years ................................................................................................

219

HB 213, Park committee, advisory, Governor appoint............................

219

HB 214, Misdemeanor cases, superior court divested of in counties

having city, county court..........................................219, 520, 1194, 1205, 1208

HB 215, County school superintendents, annual report to grand

jury ....................................................................219, 262,1137, 1316, 1321-1322

HB 216, Hinesville, judge salary, city court................................219-220, 317,348,508

HB 217. Convicts, segregate first offenders..........................................220, 422,584,828

HB 218, Oil well, annuity to first to drill well on commercial basis......

220, 802

HB 219, Speed limit, set at 35 miles per hour............................................

238-239

HB 220, Securities, license to sell, authority of secretary of

state ............................................................................239, 692, 1188, 1382, 1395

HB 22i, Augusta, post-war reserve fund..............................................239, 317,348,467

HB 222, Ellis health law, to amend..........................................239,297, 1116-1117,1351

HB 223, Salary buyers, to regulate..............................................................

239

HB 224, Cusseta, build water works....................................................239, 317,349,508

HB 225, Appling county, repeal tax commissioner act................239-240, 297, 320, 509

HB 226, Appling county, repeal commissioner act........................240, 298, 320-321, 509

INDEX

1463

HB 227, Appling county, create board commissioners........................240, 298, 321, 509

HB 228, Real estate brokers, regulated in counties over 50,000........240, 262, 387, 617

HB 229, Gasoline tax, exempt agricultural purposes................................ 240, 769

HB 230, Recount of ballots, how demanded.............................................. 240, 300

HB 231, County lines, change within corporate limits................240-241, 609, 885,918,

957-958,984,1116

HB 232, Correspondence schools, qualify with board of regents............ 241,802

HB 233, Gasoline, kerosene, flash point................................................241, 450,961-963

HB 234, Pierce county, compensation commissioners..........................241, 298,321, 509

HB 235, Commissioner of labor, fix salary..................241, 298,498-500, 527,668, 870

HB 236, Fertilizer inspectors, provide for six......................................241, 298, 751-752

HB 237, Thomson, salary of mayor...............................:................241-242, 317,349,509

HB 238, Income tax, not necessary to verify............................257, 450, 675-676, 1353

HB 239, Intangibles tax, reduce rate..........................................................257, 977, 1248

HB 240, Clerks' fees in counties of less than 65,000........................257, 422, 1077, 1253

HB 241, Jackson, extend cemetery boundaries....................................257, 317,349,509

HB 242, Farm board, to create............................................................257, 422, 993, 1182

HB 243, Fertilizer, 25% penalty when plant food value if off 10%

or more ..............................................................................258, 422, 752, 787-788

HB 244, Wills, copy filed with ordinary prima facie valid........................

258

HB 245, Libel law, repeal additions in act of 1939.................................... 258, 908

HB 246, Augusta, furlough employees in armed forces............273, 317-318,349,467

HB 247, Clayton commissioners acts amended, re-establish Panhandle

district ........................................................................273-274, 478, 526-527,678

HB 248, Clayton county, repeal board commissioners........274, 298,321,616,625-626

HB 249, Clayton county, create office commissioner............274, 298, 321,616,626-630

HB 250, Elbert county, raise salary of clerk........................................274, 298, 322, 509

HB 251, Unemployment compensation law, succession Qf employer

experience rating ..274, 298-299,494, 1334, 1335-1337, 1339-1340,1341-1342,

1382, 1383-1386

HB 252, Assessments, reassessments of property by tax receivers

void ............................................................................................275, 344, 425, 494

HB 253, Small loans, to regulate..................................................................

275

HB 254, Wages, suits to recover, fix time................................275, 422, 750, 1298, 1366

HB 255, Elbert county, raise salary commissioner............s................275, 299,322, 509

HB 256, Pipe lines, eminent domain......................................275, 299,622-624, 855,856

HB 257, Marietta, extend sewer lines.................................................-275, 318, 350,467

HB 258, Auto tags, April 1, deadline each year....275-276, 838, 1204-1205, 1354, 1357,

.

1382, 1387, 1413

HB 259, Marietta, authorize purchase purperty for public streets....276, 318, 350,468

HB 260, Marietta, planning commission..............................................276, 318,350,468

HB 261, Telfair county, salary clerk....................................................276, 299,322,617

HB 262, Decatur, salaries in city court........................................276, 382, 402-403, 494

HB 263, Poll taxes, exempt world war veterans......................................

289

HB 264, Dawson county, repeal board of commissioners............289, 450,482-483,678

1464

INDEX

HB 265, Athens, vacancy bonded debt commission_____________________________.290, 318,350,509

HB 266, Animal dealers, keep tag numbers of seller and description of

animal -------------------------------------------------------------------------------------------- 290, 609 HB 267, Macon, retirement employees water commissioner_____________.290, 318,351,468
HB 268, Forsyth, close up streets_________________________________________.290, 318, 351, 468, 673-674

HB 269, Hogs, illegal to sell without veterinarian certificate________________

290

HB 270, Decatur county, air space safety zones established_____________.290, 450, 483, 792

HB 271, Attapulgus, amend acts incorporating___________________________________.291, 318,351,468

HB 272, Schley county, consolidate tax receiver and collector_________.291, 451,483,828

HB 273, Catoosa county, repeal act abolishing board

commissioners -------------------------------------------------------------------------.291, 451, 483, 678 HB 274, Catoosa county, create office of commissioner_____________________.291, 451,483,678

HB 275, Lawyer admitted to bar after 10 years practice in other

states ---------------------------------------------------------------------------------.291-292, 423, 895, 917
HB 276, Albany, pension employees----------------------------------------------------.292, 318, 351, 468 HB 277, Brunswick, pension city employees_________________________________.292, 319,351-352,468
HB 278, General elections, fix time for holding_________________________________________________ _308, 451

HB 279, Wilkinson county, amend act creating board of

commissioners -------------------------------------------------------------------------.308, 45 i, 484, 828

HB 280, Homestead exemption, reduce to $1,250______________________________________

308

HB 281, Northeastern judicial circuit, salary for solicitor____308,423, 1116,1137-1140 HB 282, DeKalb county, board of education members ineligible to suc-

ceed themselves -----------------------------------------------------------------------.308, 396, 533, 678 HB 283, Garnishment, may answer to superior court______________________________ _-_308-309, 423 HB 284, Winder, commission form of government___________________________ _309, 545, 583, 725

HB 285, Night clubs, theatres, provide adequate exits____________________________ 309, 609

HB 286, Veterans' licenses, disabled, to include veterans of present

war -----------------;---------------------------------------------------.309, 451, 927, 1383, 1404-1406 HB 287, Meriwether county, compensation of treasurer___________________ _309, 451,484, 679

HB 288, Wills, property of deceased person not affected if not offered

for probate within two years-----------------------------------------------------------------.309, 479 HB 289, Liberty county, salary board of commissioners___________________ _309, 451,484,679 HB 290, Pepperton, change city limits__________________________________________________310, 451, 484, 643
HB 291, Athens, term of recorder__ _____________________________________________________ _310, 382, 403, 509

HB 292, Property of deceased person not affected by suits unless instituted within two years of death___________________________________________________ _

310, 479

HB 293, Forsyth county, two terms superior court___________________________________ _ 310,479,722

HB 294, Highway mileage, add to state system___________________________________ _

310,580

HB 295, Murray county, working streets in incorporated

towns ----------------------------------------------------------- __________ -------- ____ _31 0, 452, 484-485, 680

HB 296, Carrier pigeons, unlawful to shoot_______________________________________ _340, 452, 752, 900

HB 297, Insurance companies, levy fees on___________________________ _340, 769, 1002, 1275-1279

HB 298, Pickens county, abolish tax receiver and collector_______________ _340, 452, 485, 680

HB 299, Mcintosh county, consolidate tax receiver and collector....340, 452, 485, 680

HB 300, Sumter county, change officers to salary basis____________________________

340

INDEX

1+65

HB 301, Lumpkin county, reducing board of commissioners by two

members ------------------------------------------------------------------------------------------ 3+0, 452, 485 HB 302, Certified public accountants communications with clients

confidential ---------------------------------------------------------------------------.340, 479, 1073, 1351 HB 303, Madison county academy, fix status................341, 452,485-486, 725, 812-813
HB 304, Danielsville, regulate streets for business purposes............3+1, 452, 4a6, 680 HB 305, Barnesville, additional powers for city officials___________________ _3+1, 452,486, 680

HB 306, Lamar county, create board of commissioners......341, 452,486,827,853-854,
919,958-959,988-991 HB 307, Title insurance, to define_______________________________ _375, 452-453, 588,971,984-985 HB 308, Forsyth county, tax assessor advisors____________________________________377, 453, 486-487

HB 309, Forsyth county, correct voters list----------------------------------------------- 377, 453, 487

HB 310, Electric power, tax one mill per kilowatt____________________________________

379

HB 311, Insurance companies, 3% tax on gross premiums______________________

379

HB 312, Minor children, appeal from custody award______________________________

379, 470

HB 313, Workmen's compensation, silocosis included as injury or

accident ------------------------------------------------------------------------------------------

379

HB 314, Bacon county, require a bond of officials.____________________________ _380, 453,487,680

HB 315, Alma, extend city limits_________________________________________________________ _380, 453,487,643

HB 316, Bulloch tax commissioner, provide fees ________________________________380, 453,487, 680

HB 317, Co-ordinates, designate system for state surveying____________________ HB 318, Secretary of state, joint-secretary examining boards, duties

380, 520

of -------------------------------------------------------------------------------------.380, 520, 993-994, 1351

HB 319, Fishing, prohibit commercial, except shad____________________________________

380

HB 320, Barrow county, salary of chairman of commissioners______________

380, 453

HB 321, Bowman, unnecessary for voters to register each year.............. 381, 488, 680

HB 322, Hotels, not responsible for loss over $300..........................390, 994-995, 1351

HB 323, Houston superior court, two terms__________________________:___________________ 390, 479, 704

HB 324, Carroll county, salary of jailer______________________________________390, 453, 488, 759, 777

HB 325, Landscape gardeners' lien______________________________________________________________

390, 479

HB 326, Crawford county, four commissioner districts..............390-391, 453, 488, 680 HB 327, Douglas, zone city____________________________________________________________________391. 580. 614, 869

HB 328, Glascock county, repeal board of commissioners..................391, 453, 488,681 HB 329, Fulton county, fix salaries of officials...--------------------------------------- 391,479,527

HB 330, Lumber liens, for hauling....---------------------------------------------------------HB 331, Hogs, prohibit running at large for 10 days following

391, 1045

vaccination ---------------------------------------------------------------------------

391, 938

HB 332, Rockdale county, regulate solicitation of votes................391, 454, 532, 1070

HB 333, Co-operative associations, non-profit, charter 50

years -------------------------------------------------------------------.392, 520-521, 640, 1172. 1252 HB 334, Dooly county, change terms of commissioners..............392, 454, 488-489, 828
HB 335, Atlanta, Fulton and DeKalb counties, contract with hospital

authority ----------------------------------------------------------------------404, 655, 1052-1055, 1197 HB 336, Licenses, declared public nuisance to practice profession

without --------------------------------------------------------------------------------------------

+04, 423

1466

INDEX

HB 337, Hunting and fishing licenses........................................._.........409, 454,668, 1389

HB 338, Taxicabs, public service commission to regulate........................ 412-413,454

HB 339, Oysters, regulate production..........................................413, 454,672-673,900

HB 340, Illegitimate child, no discrimination against-..............,....413, 480, 1188, 1389

HB 341, Lamar county, repeal advisory board....................413, 454,489,827,852-853,



920, 959-960, 988-991

HB 342, Appointees of Governor, confirmation by senate........................ 413, 521

HB 343, New senatorial districts, 53rd and 54th...................................... 413,655

HB 344, Douglas county, create office of commissioner.......................... 413,454,489

HB 345, Horses and mules, sales regulated................................................ 414,609

HB 346, Coweta judicial circuit, compensation court reporters........414, 480, 704, 861

HB 347, School children and teachers, transportation.............................. 414,609

HB 348, Haralson county, recreate office of tax receiver and

- collector ....................................................................................414, 454,489,679

HB 349, Butts county, salary of clerk..................................................414, 455, 489, 679

HB 350, Workmen's compensation, increase for partial injuries............

414

HB 351, Workmen's compensation, increase for total disability............

414

HB 352, Workmen's compensation, increase for dependents....................

415

HB 353, Juries, allow women to serve........................................................

415

HB 354, Chattooga county, amend act abolishing board of commis-

sioners ......................................................................................415, 455,490,679

HB 355, Chattooga county, salary judge city court-...........................415, 480, 527,679

HB 356, Chattooga county, juvenile courts..........................................415, 480, 704,869

HB 357, Morrow, to incorporate..........................................................415, 580,614, 792

HB 358, Tobacco, regulate warehouse, auction sales................415, 480, 864, 891, 1102

HB 359, DeKalb county, fix date primary elections............................416, 455,490, 679

HB 360, DeKalb county, amend act abolishing tax receiver and

collector ....................................................................................416, 455,490,679

HB 361, DeKalb county, examination of electricians......................416, 802, 1016, 1169

HB 362, Auto riders, non-paying guest, no cause for damages if injured

in accident ......................................................................................

416

HB 363, Fishing, allow hook and line, with worms at any time..............

416

HB 364, Dade county, $100 per month to sheriff for home guard

duty ....................................................................................416, 455, 531-532,679

HB 365, Insolvent costs of officers, pay out of fines in county treasury

417

HB 366, Crawford county, two-term superior court..........................417, 480,549,672

HB 367, Life insurance companies, required to invest in Georgia

securities ..........................................................................................

417

HB 368, Life insurance, incontestible after 12 months..............................

417

HB 369, Fulton county, operate schools 24 hours basis......................417,455, 531,726

HB 370, Unemployment contributions, revenue commissioner collect

delinquents ......................................................................417, 480, 996-998, 1352

HB 371, Madison county academy, elect trustees by people....................

418

HB 372, Chattahoochee county, reduce board of commissioners to three

members ....................................................................................418, 455, 490,679

INDEX

1467

HB 373, State guard, to create..............................................--438, 455, 594, 791, 811-812

HB 374, Washington county, increase salary of commissioners......438, 455,491,679

HB 375, Webster county, salary of commissioners..............................442, 521, 545,680

HB 376, Webster county, fix salary tax commissioner........................442, 521, 546, 680

HB 377, Homicide, executor recover full value decedent's life................

442

HB 378, Convicts, state pay costs in habeas corpus cases........................

442

HB 379, Confederate pensions, increase appropriation for....................

442

HB 380, Union county, salary school superintendenL................442, 609, 720-721, 869

HB 381, County school superintendents, $50 per month extra pay........ 442-443,480

HB 382, Corbett, Mrs. W. G., pay damages to auto................................ 443, 840

HB 383, Peach county, three-term superior court..............................443, 481, 704, 869

HB 384, Insurance companies, joined as defendants where coverage is

on private carrier....------------------------------------------------------------------------

443

HB 385, County boards of education, how selected in counties -of less

than 5 militia districts....................----------------------------------------------443, 610, 1016
HB 386, Cobb county, authorize leasing of county farm....................443, 521, 546, 681

HB 387, State library commission, transfer to board of education..443, 521, 675, 900

HB 388, Independent school systems, share in intangible

revenue ----------------------------------------------------------------------------444, 655, 863-864, 1169 HB 389, Judges not disqualified because policy holder in mutual insur-

ance company ---------------------------------------------------------------------------------- 444, 692, 855 HB 390, Dooly county, change terms of commissioners.......................... 444, 521, 546

HB 391, Administrators, executors, convey rights of way to those hav-

ing eminent domain............---------------------------------------444, 521, 1188-1189, 1389 HB 392, Atlanta, oaths of council members....................470, 580, 614, 1376, 1396-1397

HB 393, Veterans' licenses, free for certain businesses............................ 470, 1092

HB 394, Davisboro, elect city clerk......................................................471, 580, 615, 828

HB 395, Marion county, pay premium on bond of treasurer..........471, 522, 546, 681

HB 396, Eatonton, elect city clerk..........................................................471, 580,615, 828

HB 397, Taxicab companies, repeal tax limitation of $500.................... 471, 1092 HB 398, Washington county, $10 deposit in divorce cases____,___________471, 610, 721, 869

HB 399, Putnam county, abolish monthly publication of

reports --------------------------------------------------------------------------------471, 522, 546-547, 681 HB 400, Clinch county, vacancy in office of solicitor to be filled by

appointment of Governor................----------------------------------------471, 522, 547, 681 HB 401, Lobbyist, require to wear identification badge............................ 472, 655

HB 402, Glynn county, to abolish J. P.'s......................................472, 522,564-568,760

HB 403, Vidalia, primary election........................................................472, 580, 615, 792

HB 404, Echols county, three commissioner districts..........................472, 522, 547, 681

HB 405, Auto tags, to be issued by clerks of superior courts..................

472

HB 406, Corporations, officers, directors, reimbursed for expense of

groundless suits -----------------------------------------------------------------------------HB 407, State highways, burn shoulders to protect

473, 522

forests ----------------------------------------------------------------473. 692, 1167, 1339, 1395-1396 HB 408, Thomaston, eligibility of councilmen for other officers..473, 580, 704-705, 829

1468

INDEX

HB 409, Gwinnett county, regulate tourist camps, dance halls______________

473

HB 410, Farmers' markets, limit number of dealers___ _____________________________473, 580, 1248

H B 411, Pecans, regulate sale of.---------------------------------------------------------473, 580, 862, 1299

HB 412, Insurance commission, to create----------------------------------------------------

473

HB 413, Sunday movies for men in armed forces ________________________________474, 522, 561-564

HB 414, Prison commissioners, fix salary at $3,600--------------------------------

474

HB 415, Old-age pensions, require immediate investigation of eligibles

474

HB 416, Dodge county, commissioner appoint CPA as auditor________________

501

HB 417, Gilmer county, repeal office of commissioner_____________________ _512, 545,583,726

HB 418, Gilmer county, create county commissioner________________________________ 512,583, 726

HB 419, Homestead exemption, "Homestead" defined..513,655, 788,1298,1311-1312 HB 420, Atlantic states marine fisheries commission_______ _513, 569, 970, 987-988, 1352 HB 421, Hull, streets for business purposes_______________________ _513, 581,615, 829, 915-916

H B 422, Income tax, $2,500 exemption widow or widower with minor

child -----------------------------------------------------------------------------.513, 522, 655, 1166, 1421 HB 423, Tax collectors, may appoint deputies____________________________________________ 513, 1092

HB 424, Absentee ballots, voucher signed___________________ _513, 655, 1001, 1071-1072, 1352

HB 425, Seeds, regulate labeling of____________________________514, 610, 752, 859-861, 1250-1252

HB 426, Armed forces, county ordinaries keep roster of names____________

514

HB 427, Land sales, not legal until ordinary gives leave to selL_________ 514, 692

HB 428, Fertilizer, registration and reports_____________________________________ _514, 692, 885, 1421

HB 429, Elections, hours polls to open and close_______________________________________ _514, 692, 1205

HB 430, Power of attorney, death of person executing couples with

interest in propertY-------------------------------------------------------------.514, 610, 1001, 1352

HB 431, Damage suits, person must give notice of injury before filing

515

HB 432, Gordon county, salary of commissioner________________________________515, 610,662, 869

HB 433, County school superintendents, prescribe qualifications____________

537

HB 434, Claxton, salaries of officials___________________________________________ _538, 581, 615-616, 792

HB 435, Savannah, extend city limits___________________________________________________ _538, 581, 616, 793

HB 436, Fulton county, recording title instruments----------------------------------

538

HB 437, DeKalb county waterworks advisory board_____.538, 610, 662-663, 1172, 1180,

1238-1239, 1366-1367, 1378

HB 438, Stone Mountain judicial circuit, salary court reporter_______ _538, 610, 705, 972

HB 439, Infants without bond, proceeds of recovery paid to prochein

ami up to $500 --------------------------------------------------------------------------------

538

HB 440, DeKalb county, planning commission____________________________________538, 802, 844, 972

HB 441, Moreland, create new charter-----------------------------------------------------HB 442, Doctors, hospitals, required to publish list of patients who

539, 692

died under treatment----------------------------------------------------------------------

539

HB 443, Waynesboro, trial by jury of six in city court_____________________.539, 610, 663, 870

HB 444, Bibb county, six-term superior court-------------------------------------.539, 610, 705, 870 HB 445, Douglas county, clerical help for com-
missioner ---------------------------------------------------------------.539, 611, 663, 868, 1062-1063 HB 446, Webster county, method of electing board of
education -------------------------------------------------------------------------.539, 611, 705-706, 870

INDEX

1469

HB 447, Douglas county, create board of commissioners________________________ 539,611, 663 HB 448, Tybee, authorize sewerage system_________________________ _540, 693, 734, 971, 985-986

HB 449, Moultrie, create new charter-----------------------------------------------540, 581, 616,870 HB 450, Hotels, restaurants, tourist camps, employ no person with

communicable disease -------------------------------------------------------------------HB 451, Share cropper, tenant, dispossess for failure to work crop________

553, 611 553, 581

HB 452, Voters' list, rules for making UP-------------------------------------------------- 553, 693 HB 453, Bulloch county, salary clerk superior court__________________________553, 611,706,870

HB 454, Commissioned officers, ex-officio notaries

public ------------------------------------------------------------------554, 769, 1118-1119, 1354, 1398 HB 455, Fiduciaries, joint control of money or assets_____________________ _572, 611, 753, 1298

HB 456, Trade-names, registration of business, application published in official organ-----------------~-----------------------572-573, 881,908, 1273-1275, 1421
HB 457, Stills, illegal liquor, method of sale when seized_____________ _573, 693, 1211-1212

HB 458, Livestock auctions, appoint person to weigh...-----------------------------

573, 802

HB 459, Birth certificate, issued on certain facts _____________________________ _573, 656, 855, 1125

HB 460, Workmen's compensation, include certain occupational

diseases --------------------------------------------------------------------------------------------

573

HB 461, Tallulah Falls, amend acts incorporating_________________________ _573,.693, 991, 1197

HB 462, Carroll county, create board of commissioners....573, 611, 663, 950, 963-969 HB 463, State entomologist, to abolish________________________________________________________ 573-574, 802

HB 464, Wayne county, state deed certain land _______________________________ _574, 611, 664,900

HB 465, Taliaferro county, abolish county treasurer. ______________ _574, 611, 664-665, 870 HB 466, Clarke county, operate hospitaL__________________________________________ _574, 612, 665, 870

HB 467, Soperton, change time city court terms_______________________________ _574, 612, 665, 870

HB 468, Ben Hill county, regulate road houses ____________________574, 803, 1103-1104, 1253

HB 469, Highway mileage, add to state system__________________________________________

575

HB 470, Tax collectors, revenue commissioner to prohibit paying per-

centage on taxes collected.....---------------------------------------------------------

575, 838

HB 471, Fraternal insurance, to codify laws--------------------------------------575, 769, 928, 952

HB 472, Marietta, extend city limits-------------------------------------------.575, 693, 734-735, 900 HB 473, Clarke county, fees in divorce cases_______________________________ _575, 612, 721-722, 870
HB 474, Candler county, fix salary of clerk_______________________________________ _575, 612, 666, 871

HB 475, Sheriffs, mileage allowance for those on fee basis____________________ 592, 656, 998 HB 476, Atlanta, death of firemen from injuries_______________________ _592-593, 612, 699, 871 HB 477, Atlanta, pension city employees________________________________593, 612, 722, 868, 881-882 HB 478, Gibson, amend act incorporating____________________________________________593, 693, 735, 871

HB 479, Brannen, W. Herbert, reimbursed for medical

expenses ----------------------------------------------------------------------593, 840, 1284-1287, 1421 HB 480, Mitchell county, tax collector made ex-officio sheriff________________ 593-594, 693
HB 481, Albany, to operate transportation system______________________________596, 693, 735, 901

HB 482, Fraternal insurance, to further regulate......-----------------------------HB 483, Taxes, authorize municipalities to levy 5% on wages or profits

596 596-597

HB 484, Sugar Valley, bond issue......--------------------------------------------597, 693-694,735,870 HB 485, Leslie, enlarge duties tax assessor_________________________________________ _597, 694, 735, 871

1470

INDEX

HB 486, Hapeville, zoning ordinances--------------------------------------------------597, 694, 736, 901

HB 487, Morgan, abolish city court-------------------------------------------------.597, 656, 700, 871

HB 488, Soft drink tax; also amusements--------------------------------------------------

597

HB 489, Bibb county, health ordinances--------------------------------------.597-598, 694, 736,871

HB 490, Macon, fire hazards------------------------------------------------------------------598, 694, 736,871

HB 491, Long county, county attorneY-------------------------------------------------.598, 694, 736, 871

HB 492, Stills, unlawful to have in possession____________________________________________

598

HB 493, Savannah, extend city limits--------------------------------------------------.599, 694, 737, 871 HB 494, Subsidiary corporation, 90% home-owned exempt from

taxation ------------------------------------------------------------------------------------------ 599, 694, 858 HB 495, Blairsville, new charter------------------------------------.599, 694, 737, 1070, 1102-1103 HB 496, Bleckley, Pulaski, Dodge county, advance costs in divorce

case -----------------------------------------------------------------------------------.599, 656, 723-724, 871 HB 497, Douglas, voters list 10 days before city election__________________599, 695, 737, 871

HB 498, Outdoor advertising, to regulate_____________-_______6()(), 656, 1079-1080, 1100-1102

HB 499, Auto owners, must prove financial responsibility______________________

641

HB 500, Augusta, abolish civil service commission____________________________645, 695, 737, 901

HB 501, Augusta, create civil service commission________________________645, 695, 737-738,901

HB 502, Augusta, recall retired employees-----------------------------------------645, 695, 738, 901 HB 503, University of Georgia, retirement system for employees__________ 646, 769 HB 504, Parks, to be used for victory gardens________________________________646, 877, 1117, 1352

HB 505, Credit unions, regulated, like banks-------------------------------------------HB 506, Public utilities, furnish certified annual reports to revenue

646,909

commissioner ----------------------------------------------------------------------------------

646

HB 507, Henry county, abolish city court-------------------------------------------------- 646, 695, 738

HB 508, Educational equalization law, change qualifications of group 2

646

HB 509, Veterinary laboratory, $15,000 to equip__________________647, 840, 1282-1284, 1421

HB 510, Miller county, add on commissioner-------------------------------------647, 695, 738, 872 HB 511, Miller county, solicitor city court on salary__________________647, 695, 738-739, 872

HB 512, Colquitt, salary for mayor-----------------------------------------------------647, 695, 739, 872

HB 513, Birth certificate of adopted child______________________647-648, 770, 988, 1365, 1404

HB 514, Riches, Pivers & Co., pay $32,549.80____________________________________________

648

HB 515,Highway mileage, add road in Dawson county to state system 648, 838

HB 516, Ordinary, who to act for in case of sickness----------------------------

648

HB 517, Atlanta, extend city limits in DeKalb countY----------------------648, 803,844,972

HB 518, Peace officers' annuitY-------------------------------------------------------------------- 648, 1009 HB 519, Savannah, recreation commission____________________________648-649, 695-696, 739, 872

HB 520, Limited partnerships authorized------------------------------------------------HB 521, Income tax, deduction allowed for amortization of war

649, 770

facilities --------------------------------------------------------------------------649, 696, 856-858, 1299 HB 522, Unemployment compensation, preserve benefits of those in

armed forces ---------------------------------------------------------------------------------HB 523, Electric power, counties tax one cent per kilowatt hour____________

683, 803 683

HB 524, Insulin, furnished diabetics free by health dept----------,-------------683, 803, 1210

HB 525, Solicitors general, leave of absence for armed forces..683, 770, 928-929, 1169

INDEX

1471

HB 526, Farm products, reciprocity with other states in transporting.... HB 527, County school superintendents, elect every 4 years___________________ _

683,803
683

HB 528, Public service commission, compensation from motor common

carrier fees ----------------------------------------------684, 803, 1182-1184, 1376-1377, 1391

HB 529, Ben Hill county, special road supervisor-------------------------------728, 770,807,951

HB 530, Ben Hill county, depository pay warrants----------------------------728, 770,807,951 HB 531, Misdemeanor cases, motion to parole entertained by judge at

any time ------------------------------------------------------------------------------------------728, 803, 1182 HB 532, Forsyth county, repeal board of commissioners__________________________ 728, 803, 844

HB 533, Emanuel county, abolish tax receiver and collector............728, 804, 844, 972

HB 534, Rabun county, referendum on abolishing city court....728, 770, 807-808, 1299

HB 535, J. P. dockets, 1st day of 1st term superior courL-...728-729, 804, 1119, 1352

HB 536, Abbeville, how candidates can qualifY---------------------------------729, 804, 845,972

HB 537, Winder, members board of education deal with city............729, 804, 845,972

HB 538, Macon county, depositorY-------------------------------------------------------------- 729, 770, 808 HB 539, DeKalb county or Fulton county acquire land for

parks --------------------------------------------------------------------------------------729, 804, 1016, 1413 HB 540, Rochelle, assess property in rem------------------------------------------729, 804,845,972 HB 541, Clayton county, hours for polls to open and close....729,770, 1016-1017, 1170

HB 542, Animals, ordinary issue permit to slaughter...-----------------------------

730

HB 543, State school books, shall be printed in Georgia..........730, 838-839, 998-1001

HB 544, Palmetto, two-thirds vote to sell electric planL------------------------730, 804, 1047

HB 545, Palmetto, salaries of employees------------------------------------------730, 804, 1047, 1197

HB 546, Cobb county, salary of treasurer.---------------------------730-731, 770-771,809,951 HB 547, Guardians, define power acting for incompetents............731, 771, 928, 1124

HB 548, Glynn county, abolish J. P.'s-----------------------------------------------731, 771, 808,972 HB 549, Glenwood, incur bonded indebtedness............731, 840-841, 1017-1020, 1197
HB 550, Washington county, reduce bond of sherifL.......................731, 771, 808, 951

HB 551, Fulton county, pension for Mrs. Chas. E. Lyle....................731, 805,845-846
HB 552, State examining boards, to abolish......760, 805, 1077-1079, 1263, 1317-1320

HB 553, Firemen, wartime mobilization..................................760, 805, 1155-1156, 1421

HB 554, Defense, co-ordinate state and nationaL...........................760-761, 805, 1141

HB 555, Seeds, regulate labeling of....--------------------------------------------------------

761

HB 556, Income tax, income of charitable institutions exempted..761, 805, 1194, 1421

HB 557, Jefferson county; fees in divorce cases______________________________761, 805, 1013, 1170

HB 558, Cherokee county, pay costs for trial of misdemeanor con-

victs -------------------------------------------------------------------------------------761, 839, 1017, 1170

HB 559, Livestock health board, to establish---------------------------------------

761

HB 560, Laundries, dry cleaners, authorized to sell goods for unpaid

charges _________:____________;_____________________________________________________________________

761

HB 561, Woodbine, fix city limits..---------------------------------------------------762, 805, 846,972 HB 562, Pipe lines, make tax returns to revenue commissioner as pub-

lic utilities ----------------------------------------------------------------------------- 762, 1092 HB 563, Stewart county, fix salary of clerk..........................................762, 805, 846, 973

HB 564, Stewart county, salary of disbursing clerk............................762, 806, 846,973

HB 565, Sumter, Lee, Crisp counties, allow fishing year around........

762

1472

INDEX

HB 566, Marriage licenses, require doctor's certificate____________________________ 762, 839

HB 567, Wilcox county, repeal act abolishing treasurer__________________762, 839, 879, 1071

HB 568, Vagrancy, require able-bodied to work 40 hours a week__________

763

HB 569, Pierce county, pay bond of sheriff__________________________________________763, 806, 846, 973

HB 570, Local bills, copy of advertisement filed with secretary of state

793

HB 571, Danielsville, abolish city court--------------------------------------------------- 793, 839, 879 HB 572, Sumter, Lee, Crisp counties, allow fishing year around________ 793, 839 HB 573, Houston county, 5 commissioner districts________________________793, 839, 1025, 1170

HB 574, Milk, require pasteurization in milk sheds over 50,000____________ 794, 940 HB 575, Dodge county, audit books____________________________________________________794, 839, 879, 1071

HB 576, Fish ladders, to require on barriers across streams________________ 794, 877 HB 577, Firing woods, made felony __________________________________________________ 794, 839, 1156, 1352
HB 578, Absentee ballots for those in armed forces ________________________________794-795, 1009

HB 579, Picketing, threat of force to prevent person from working

made a felony_________________________________________:________________________________________

795

HB 580, Fulton county, amend police and firemen pensions------~---795, 977, 1036, 1170

HB 581, Marriage licenses, require birth certificate of those under 21

795

HB 582, Atkinson county, abolish tax receiver and

collector --------------------------------------------------------------------795, 839-840, 879-880, 1071 HB 583, Milk plants, slaughter houses, commissioner of agriculture

to regulate sanitation---------------------------------------------------------------------- 795, 840 HB 584, DeKalb county, tax for educational purposes________832, 877, 1160-1163, 1299 HB 585, Dentistry, license to practice in certain cases______________________________ 832, 938 HB 586, Henry county, salary of commissioners________________________________832, 909,981, 1170
HB 587, Henry county, salary of clerk of commissioners________________832, 909,981, 1170 HB 588, Ringgold, new charter____________________________________________________832, 909, 981-982, 1170

H B 589, Brunswick, close certain alleY------------------------------832-833, 909, 982, 1172, 1193

HB 590, Darien, close certain streets------------------------------------------872-873, 909, 982, 1171

HB 591, State guard, pay members $50 per month__________________________________

873

HB 592, Administrators, executors, convey rights-of-way to those hav-

ing eminent domain-----------------------------------------------------------------------

873

H B 593, Atlanta, extend city limits-------------------------------------------------------------- 873,909

H B 594, Atlanta extend city limits-------------------------------------------------------------- 873,909 HR 595, School bus drivers, not classified as chauffeurs__________________:______ _ 873-874, 940

HB 596, Gasoline tax, abolish exemption to federal govern-

ment --------------------------------------------------------------------------874, 1092, 1203-1204, 1421 HB 597, Thomasville, commission form of government__________________902, 938, 982, 1171

HB 598, State tax redemption agency, to create________________________________________

902

HB 599, Clayton county, commissioner's pay repealed ______________________902, 939, 982. 1171

HB 600, Rockmart, additional powers to mayor________________________902, 939, 982-983, 1171

HB 601, Richmond county, $15 advance deposit in divorce
cases ----------------------------903,941, 1014, 1354, 1361-1362, 1367, 1377, 1391-1393 HB 602, Richmond county, judge city court may practice law______903, 939, 983, 1299 H B 603, Richmond county, pension for employees________________903, 978, 1032-1035, 1197 HB 604, Lanier county, court abolished ____________________________________________904, 939, 1012, 1171

INDEX

1473

HB 605, Lanier superior court, 4 terms..........................................904, 939, 1014, 1171

HB 606, Workmen's compensation law, to include state, county,

municipal employees ............................918, 1009, 1166, 1381-1382, 1398-1399

HB 607, Chattooga county, to issue bonds..............................904, 941, 1025-1028, 1197

HB 608, Smyrna, zoning \aws........-.............................................927-928, 939,983, 1171

HB 609, East Point, zoning laws....................................................931, 1009, 1048, 1253

HB 610, Child caring, to define....................................................................

931

HB 611, Crippled children, transfer care to board of health....................

931

HB 612, Richmond county, fix salaries deputy

officials ..............................................................931, 977, 1017, 1297, 1307-1311

HB 613, Narcotic drug act, to amend.........................................................

974

HB 614, Twiggs county, 4-year term for commissioners............974, 1009, 1048, 1299

HB 615, Valdosta, itemized statement of salaries................974, 1009, 1048-1049, 1197

HB 616, Richmond county, salary assistant solicitor superior

court ....................................................................................974, 1009, 1104, 1299

HB 617, Richmond county, assistant solicitor for city court........974, 1009, 1104, 1253

HB 618, Augusta, solicitor clerk's salary......................................974, 1010, 1049, 1299

HB 619, Flour grits, corn meal, size of sacks............................................ 975, 1091

HB 620, Principal, surrendering of, service by

publication ......................................................975, 1010, 1117, 1136-1137, 1352

HB 621, Montgomery county, repeal act amending act new board

commissioners ..............................................................................995, 1010, 1049

HB 622, Montgomery county, amend act new board

commissioners ......................................................................995, 1010, 1049-1050

HB 623, Augusta, salaries deputies of municipal court.... 1004, 1045, 1097, 1297, 1307

HB 624, Screven county, abolish treasurer........................ 1005, 1045, 1097-1098, 1254

HB 625, Screven county, correct injustice to treasurer............1005, 1045, 1098, 1254

HB 626, Henry county, abolish city court.................................................. 1005, 1098

HB 627, Henry county, 3 terms superior court........................................ 1005, 1104

HB 628, Valdosta, extend city limits............................................1037, 1091, 1134, 1254

HB 629, Dodge county, publish list of registered voters.... 1037-1038, 1091, 1134, 1254

HB 630, Sumter county, allow hook and line fishing year around.......... 1038, 1091

HB 631, Mineral Bluff, new charter...................................................... 1038, 1091,1134

HB 632, Convicts, hire for farm work during war.................... 1038, 1092, 1256-1259

HB 633, Rhodes property commision, to create...................................... 1038-1039, 1092

HB 634, Veterans, blind peddlers, operate without license...................... 1039, 1093

HB 635, Gainesville retirement fund, amended................ 1039, 1091, 1134-1135, 1254

HB 636, Mansion site lease commission, to create...................... 1039, 1091, 1109-1115

HB 637, Mansion property, extend lease.............................. 1039, 1091-1092,1109-1115

HB 638, Treutlen county, $15 deposit in divorce cases..............1039, 1130, 1211, 1352

HB 639, Atlanta, inefficiency in civil service...................... 1083, 1130, 1242-1247, 1419

HB 640, Baker county, county-wide electien of commissioners.. 1083, 1131, 1177, 1298

HB 641, Amend code section 26-3601.......................................................... 1083, 1131

HB 642, Air transportation, public service commission to regulate........ 1083-1084

HB 643, Drivers' license for 15-year-olds..................................................

1125

1474

INDEX

HB 644, Moultrie, repeal sales and income tax...................................J125, 1176, 1201 HB 645, Trial judges, authorize to change sentence at any time............ 1125, 1200 HB 646, Dalton, create police department................................................ 1173, 1200 HB 647, Brunswick, use Palmetto Square for tourist camp...... 1173, 1200, 1216, 1352

HOUSE RESOLUTIONS

HR 1, Notify Senate, House organized..................................................

17

HR 2, Notify Governor, 10-day session convened................................

17

HR 3, House rules adopted......................................................................

17

HR 4, House attaches limited..................................................................

17-18

HR 5, Inaugural committee, to be appointed........................................

18, 21

HR 6, Election returns, to canvass..........................................................

18

HR 7, Inaugural escort committee..........................................................

28-29

HR 8, Inauguration joint session, to adjourn........................................

29

HR 9, Aiken, Harry S., former representative, death deplored.cL...

31

HR 10, McCutchen, Clerk P. T., Jr., commended................................

31

HR 11, Cruiser Atlanta, bond drive.......................................................... 43-44, 58

HR 12, Co-operate with President Roosevelt......................................49, 124, 133, 176

HR 13, Teachers' retirement .................................................................... 49, 299, 336

HR 14, Game and fish commission........................49, 132, 157, 167, 523, 550-553,951

HR 15, Eighteen-year-old voters ..............................................................

49, 456

HR 16, Pardoning power of Governor removed....................................49-50, 314-315

{error, should be HR 16 and caption), 365

HR 17, Local bills, none to be introduced in General Assembly..........

53

HR 18, Budget message of Governor, joint session..............--

55, 58

HR 19, Peanuts, abolish dual price system..............................................

64-66

HR 20, American Coolair Corp., paid for fans..............113, 344,405-407, 1340, 1393

HR 21, Stetson, John B. Co., to pay for goods sold state................113, 344,407-408

HR 22, Atlanta, DeKalb Chambers of Commerce, thanked for

banquet ...........................................................................................

111-112

HR 23, Ten-day session, to adjourn.......................................................... 112, 115

HR 24, Notify Senate, House convened in regular session.................... 119-120

HR 25, Notify Governor, regular session convened..............................

120

HR 26, Atlanta judicial circuit, 6-year terms for judges........................ 121,656

HR 27, OPA, urged to increase kerosene allotment................................ 125, 141

HR 28, Cobb county, funding bonds.......................................................... 129, 315

(HB 28 should read HR 28), 370-374,509

HR 29, Morris, Ensign David Ashley, death deplored.......................... 132-133

HR 30, "George Plan" federal income taxes, to endorse...............-.....

133

HR 31, Georgia Railroad, levy taxes on...................... 145-146, 466, 813-815,946-949 HR 32, General Assembly, no per die~ for services 10 days after

adjournment ..................................................................................

146

HR 33, "Shut-Ins Day" ........................................................................ 146, 209,409,617

INDEX

1475

HR 34, Public school system, memorialize Congress to aid..................

151

HR 35, Hill, A. M., extend sympathy, on death of wife......................

158

HR 36, Used car dealers, suspend one-half license tax.................... 161, 246, 386, 617

HR 37, Auto, truck dealers, confirm suspension one-half license tax.... 162,246,617

HR 38, Spalding county, divide into school districts..............................

162, 315

(error in caption), 410, 630-634, 1124

HR 39, Peanut problem, to investigate......................................................

173

HR 40, Tennessee-Georgia boundary line dispute.................................. 179,246

HR 41, Lewis, Representative Ralph E., commended for entering

armed forces ..................................................................................

185

HR 42, Divorce, one verdict of jury secures.........:.................................. 195-195,656

HR 43, Ray City, refunding bonds............................................................ 204,315

(error in caption), 1029-1032, 1298

HR 44, Amendments to constitution, summaries published.................. 204,456

HR 45, Charlton county, to convey certain land...................................... 204, 246-247

HR 46, State highway No. 15, completion urged....................................

204

HR 47, State highway No. 44, completion urged....................................

204

HR 48, Fertilizer, urge release of nitrogen..............................................

213

HR 49, Cruiser Atlanta, bond drive, committee named..........................

213

HR SO, School bus drivers, increased compensation urged.................... 213-214

HR 51, General Assembly, 20-day and 40-day sessions........................

220

HR 52, Poll tax, delinquents reinstated for $2........................................ 220,523

HR 53, Melton, Wightman F., named poet laureate of Georgia.......... 220,247

HR 54, McElmurray, W. L., death deplored...........................................

234

HR SS, Special orders established..............................c................

238,250

HR 56, Battleship Georgia silver, pay heirs of Charles W.

Crankshaw ................................................................242, 456, 464, 588-589, 792

HR 57, Beauchamp, Willoughby and Harold Langston paid for

InJuries ..............................................................242, 344-345, 498, 549-SSO, 952

HR 58, School children transportation and care by school

districts ................................................................242, 656-657, 1073-1076, 1421

HR 59, Victory tax, members General Assembly..............................257, 319,387,510

HR 60, State auditor, House to elect........................................................

265

HR 61, State auditor, notify Senate of election of B. E. Thrasher, Jr.

267

HR 62, Neal, Ernest, death deplored........................................................ 268-269

HR 63, Auto tags, extend time to April 1st............................................

274

HR 64, Auto tags, extend time to March 1st..........................................

274

HR 65, Auto tags, time extended to March 1st...................................... 278, 279

HR 66, Wood, Brig. Gen. Eric Fisher to address General Assembly

287

HR 67, Farm labor, investigate importation of in South...................... 284-285

HR 68, Revenue anticipation obligations, not deemed debts..291, 456,669-671, 1025

HR 69, Veterans affairs, to create House committee on......................291, 1132,1210

HR 70, Veterans, given preference in any civil service..........................

292

HR 71, Goddard, Pete, relieved on bond of Noah Grimes..............310, 481, 722,828

HR 72, Park, 0. A., death deplored........................................................

307

1476

INDEX

HR 73, Stocks Coal Company, pay $756.64....................:.....311, 345, 1279-1282, 1389 HR 74, Special orders established.............................................................. 339, 352

HR 75, Claxton, to be deeded certain land by state for use of

farmers ......................................................................................341, 396, 532, 901

HR 76, Union county, to be deeded certain land by state................341, 396, 532, 901

HR 77, Speed limit, amend 35-mile law....................................................

341

HR 78, University of Georgia Rose Bowl football team commended.... HR 79, Pacelot Manufacturing Company, mill No. 4 commended for

375-376

war effort ........................................................................................

376

HR 80, Smith, William S., to address House..........................................

376

HR 81, Special orders established..........................................................378-379, 383-384 HR 82, Foley, Frank D. named member W. & A. Railroad

commission ........................................................................380-381, 481,531,828

HR 83, Special orders established.............................................................. 412,424-425

HR 84, Hunting and fishing licenses, free to men in service................ HR 85, Auto tags, place peach on same to designate Georgia as

418, 657

"Peach State" ................................................................................

418

HR 86, Extending privileges of floor to Dalton Bedspread manufac-

turers .............................................................................................. 429-430

HR 87, Pace parity bill, Congress urged to pass....................................

438

HR 88, Special orders established.............................................................. 440, 460

HR 89, Ruml, Beardsley, to address General Assembly........................ 461, 572

HR 90, Special orders established.............................................................. 469-470, 491

HR 91, Supreme Court and Court of Appeals, disposition of

cases --472, 523, 554-557, 1352 HR 92, Divorce, members of armed forces may file after year's
residence in state..................................................514-515, 696, 1163-1166, 1389

HR 93, Sheriffs' fees, county commissioners may supplement................ 515, 657 HR 94, Dougherty county, furnished law books........................515, 612, 722-723, 952

HR 95, LaCounte, J. M., relieved on bond of Dave Meadow........515, 612, 705,828 HR 96, Typewriters, state departments urged to turn over to

government .................................................................................... 515,657 HR 97, Special orders established.............................................................. 511-512, 528

HR 98, Food for war, urge people to raise.............................................. HR 99, Income tax, suspend for those in armed forces for 3 months

533-534

after duration ................................................................................ HR 100, Special orders established.............................................................. HR 101, Selman, Dr. 0. A., past due rent on Chattooga

533 537,548

bank ................................................................................540, 657, 855-856, 1071

HR 102, Camp Stewart, request government to fence anti-aircratt base ........................................................................................554, 696, 1036, 1171

HR 103, Black, Fred, Jr., pay widow for funeral expenses..554, 657, 1287-1289, 1389 HR 104, Special orders established..........................................................570-571, 589-590

HR 105, Interstate Co-operation Committee, authorize expenses.......... 574, 657

HR 106, "WAAC Week" designated.......................................................... 592,612-613

INDEX

1477

HR 107, Allegiance to Ge~rgia flag, how to pledge........................593, 657, 1035, 1353

HR 108, Confederate widows, pension those married prior to 1937......

593

HR 109, "Army-Navy Salvage Day" designated......................................

594, 657

HR 110, Special orders established..........................................................595-596, 618-621

HR 111, Bibb county, establish sanitary districts....................598, 658, 1055-1058, 1171

HR 112, Tobacco, price ceilings urged........................................................

598, 771

HR 113, Peace officers, annuity benefit......................................................

599, 658

HR .114, Income tax, extension requested for House members..............

625

HR 115, "Juliette Low Girl Scout Day"..................................599-600, 696, 1035, 1298

HR 116, Special orders established........................................................644-645, 666-667

HR 117, Taxes for educational purposes, raise to 10 mills....645-646, 697, 1104-1109

HR 118, Atlanta, Fulton county, advertise and promote

developments ..............................................................647, 697, 1059-1062, 1298

HR 119, Paper bags, conform to war production

orders ......................................................647, 840, 1166, 1382-1383, 1403-1404

HR 120, Social security, urge Congress to equalize payments from

funds ................................................................................................

649, 938

(HB 120 should read HR 120), 1035-1036, 1353

HR 121, Home gardening program endorsed............................................

649, 806

HR 122, Quota crops, no farmers given special favors............................

649, 806

HR 123, Special orders established ........................................................681-682, 700-701

HR 124, Special orders established........................................................726-727, 740-741

HR 125, Walton county, furnished law books................................730, 806, 1156, 1353

HR 126, Fulton county, temporary loans................................730, 841, 1063-1066, 1298

HR 127, Madame Chiang Kai-Shek, invited to address General

Assembly ........................................................................................

757

HR 128, Special orders established.............................................................. 758, 773-774

HR 129, Jefferson county, furnish supreme court reports............763, 806, 1014, 1197

HR 130, Pardon and parole board, consider misdemeanor cases............

763, 978

HR 131, Jewish homeland in falestine, endorsed....................................

788, 828

HR 132, Special orders established.......................................................790-791, 810-811

HR 133, Bridges, Mrs. J. D., paid benefits for death of husband in

state guard ..................................................................794, 840, 1001-1002, 1389

HR 134, Riches, Pivers & Co., pay bondholders for calcium arsenate

purchased by state..........................................................................794, 841, 1185

HR 135, Auto tags, time extended to April 1, 1943................................

869

HR 136, Expressing regret for illness of Hon. J. Leonard Rountree

(not printed in Journal)

HR 137, Glynn county, state properties commission sell land......796, 877, 1002, 1172

HR 138, Peanut, incentive payments, readjust program.......................... 825-826, 902

HR 139, Special orders established...........................................~---831-832, 847-848

HR 140, Message from Governor, joint session to hear..........................

890

HR 141, Pharmacy corps, request Congress to establish in army..873, 941, 1210, 1389

HR 142, Glynn county, declare proper name of "Sea Island"..............909, 1014, 1172

HR 143, Rowland, W. D., death deplored................................................

882

1478

INDEX

HR 144, Moore, Wiley, invitation to barbecue accepted________________________ 894,952,969

HR 145, Committees, not allowed to make trips at state expense________

894

HR 146, Veterans' preference in civil service________________________902, 978, ll56-ll59, 1390

HR 147, State constitution, committee to draft new________________________________ 903,941

HR 148, Confederate pensions, pay widows married prior to 1920______

903

HR 149, Cordele, Crisp county, contract with hospital

authority --------------------------------------------------903, 939, 1020-1023, 1197, 1415-1416 HR 150, Governor, to confer with relative to joint session______________________ 930, 949-950

HR 151, Governor, to address joint session______________________________________________ 945,950

HR 152, Garrett, L. T., pay for damage to truck by highway

department --------------------------------------------------------------------------------------

94 7

HR 153, Milledgeville, Old Capitol Square, $12,900.30 for street

assessments ----------------------------------------------------------------974, 1093, 1260-1262, 1389

HR 154, Patterson, Dr. J. C., pay for treating injured state employees 1004, 1094

HR 155, HOLC, oppose liquidation_____________________________________J004-1005, 1093, 1187-1188

HR 156, Auto parking lots, garages, relieve 0 license tax______________________

1037

HR 157, Beer crowns, tax paid, replace with stamps or labels_J038, 1094, 1209, 1390 HR 158, Oglethorpe county, furnish court reports___________________ _l038, 1093, 1188, 1353

HR 159, Bibb county, to be deeded land by game and fish commission__ 1083, 1132 HR 160, Teacher retirement system___________________________________ J084, 1132, 1239-1242, 1353

HR 161, Farm products, Secretary Wickard urged to remove

restrictions -------------------------------------------------------------------------------------- 1140-1141

HR 162, Harris, Speaker Roy V., resolution on illness oL____________________

1167

HR 163, Moore, Wiley, thanked for barbecue-----------------------------------------HR 164, Venereal diseases, co-operate with law enforcement officers____ HR 165, Knox, Frank, Secretary of Navy, invited to House__________________

1264 ll89, 1264
1209

HR 166, Farm-labor appropriation bill, urge Congress to pass---------------- 1259-1260

HR 167, Bell Telephone Company, operators commended______________________

1272

HR 168, Post-war planning, urge industrial leaders to develop__ l272-1273, 1298-1299 HR 169, Chenille machine, donated by Glenn Looper, originator, for
state museum -------------------------------------------------------------------------------- 1325, 1353 H R 170, Jeff Davis county, urge farmers' market___________________________________ _ 1325, 1353

HR 171, Kell, Capt. Mcintosh, urge naming U. S. destroyer in his
honor --------------------------------------------------------------------------------------------HR 172, House officers, committees, remain after adjournment___________ _ HR 173, Press, resolution thanking newspaper men__________________________________

1325, 1353 1361
1378-1379

HR 174, Notify Governor, General Assembly ready to adjourn sine die 1407, 1415

HR 175, Sine die adjournment--------------------------------------------------------------------

1422

INDEX

1479

SENATE BILLS

SB 3, State board of education, to reorganize........................................ 152, 182, 197

SB 4, State board of education............................................................! 52, 300, 327-330

SB 5, Pardon and parole board, to create..................247, 262, 279-280, 303, 326-327

(should read SB 5), 368-369

SB 6, Prison board, relieved of pardons and paroles............................ 247, 262, 280

SB 7, State treasurer and comptroller-general, to repeal suspension

of ..........................................................................................165-166, 182-183, 197

SB 8, State auditor, qualifications.............................. 184, 196, 227, 232-234, 253, 256

- SB 9, Finance commission, to establish.................................................... 247, 262, 280

SB 10, Governor removed from boards................................................166, 182, 197-198

SB 11, Campaign expenses for Governor limited........................659, 698, 898, 924-925

SB 12, Department of law, reorganized..............................................323, 423, 462-463

SB 15, Board of control, duties transferred to state board of

education ..............................................................................247-248, 300, 330-331

SB 16, Military force, fresh pursuit.......................................................... 582, 658, 898

SB 17, Merit system, to establish..........248, 263, 282-283, 325-326, 327, 337-338, 364

SB 18, Military forces, special policemen............................................582, 658, 896-898

SB 19, Explosives, sale regulated......................................................582, 658, 1295, 1326

SB 20, Borrowing power of Governor regulated.................................... 248,613, 753

SB 21, Commissioner of agriculture, term

extended ......................................................166, 182, 198, 229, 303, 304, 323-325

SB 22, Fiduciaries, sales of notes regulated................................263, 300, 523, 637-639

SB 23, Hundred-year leases, grants in perpetuity.................................... 978, 1267

SB 24, Fiduciaries, sell stocks and bonds.................................................. 263, 523, 639

SB 25, Minor children, year's support..................................................301, 523, 639-640

SB 26, Housing authorities law, amended..........................................382-383, 423, 463

SB 27, Housing for war industries............................................................ 383, 423,464

SB 28, Housing, state director created...................................................... 383, 423, 464

SB 30, Local constitutional amendments..................................................

301

SB 31, Divorce cases, $10 deposit instead of $6........................................

396-397

SB 32, Time bill, central war time for Georgia.................................... 209, 224, 251

SB 34, New Senatorial district, Lowndes and Echols....................457, 658, 1328-1332

SB 36, State planning board, abolished................................................263, 301, 335-336

SB 37, Shorthand, typing taught in high schools...................................... 264, 481

SB 38, State treasurer and comptroller-general repeal code section

to suspend ....................................................................................301, 345, 385-386

SB 39. Pauper's affidavit in lieu of bond in

foreclosure ......................................................264, 424, 465,637,910, 1119-1122

SB 40, Change of names; manner; petition........................................264, 424, 492, 506

SB 41, Fulton county, supplementing funds board of education............ 184, 375, 385

SB 42, Oglethorpe, amend charter registration voters............................ 397, 456,491

SB 43, Birth certificates, superior courts to

determine ................................301, 456, 529-531, 816, 864-867, 1399-1402, 1413

1480

INDEX

SB 44, Poll taxes, $3 re-establish delinquents..........................................

264

SB 46, Department of public safety, to reorganize............................248, 263, 283-284

SB 50, Costs, supreme court and court of appeals, to revise................ 302, 424, 493

SB 52, Banking law amended, deceased depositors............................302, 396, 640-641

SB 53, Banking law amended, limit state bank loans................302, 396, 584, 594, 640

SB 54, Griffin, ceded Camp Northern property..........................--481, 659, 1014-1015

SB 55, Court reporters, compensation in criminal cases....................302, 424, 723, 861

SB 56, Marriage licenses, to regulate........................................................

1177

SB 58, Macon, re-enact city charter..............................302, 456, 492-493, 494-495, 507

SB 59, Slot machines, to prohibit................................................................

660

SB 61, Fulton county, master electricians examination.......................... 264, 481, 702

SB 62, War bonds legal investments....................................................457-458, 523, 640

SB 63, Chattahoochee county, superior court terms................................ 264, 481, 702

SB 64, Auto riders, non-paying guests, no recovery for damages........

458

SB 65, Official organs, status preserved for duration............................ 302, 524, 589

SB 66, Banking law amended, par value stock............................302, 396,671, 754-756

SB 68, Talbot county, superior court term.............................................. 264, 456, 492

SB 70, Gasoline tax, levy on consumer, deductible from income tax....458, 659, 1002

SB 71, Public welfare laws amended........................................................

458, 581

SB 72, Welfare reorganization act amended............................................

458, 581

SB 73, Sheriff's fees from department of public safety..............481, 524, 568, 749-750

SB 74, Andrew Female College, trustees................................................ 303, 524, 702

SB 75, Oysters, shellfish, regulate sanitary conditions............................ 303, 319, 403

SB 77, Book plate metal, authorize Governor to selL .........................979, 1304, 1420

SB 78, Park committees authorized................:...............:......................... 265, 345, 403

SB 81, Mortgages, bills of sale, renewal notices............................525, 698, 1295, 1326

SB 82, Bonds, shares, transfer by executors with will attached valid..

525, 698

SB 84, Fiduciaries, intermediate reports....................................................660, 771, 1327

SB 85, Narcotic drug act amended........................................................458, 613, 895-896

SB 86, Convicts, 16-18, commit to training schooL...........................459, 581, 675, 759

SB 89, Carrollton, fi. fas. for licenses........................................................ 660, 806, 847

SB 90, Judges emeritus, offices created......................................582, 613, 925-927, 1255

SB 91, Husband and wife, compellable to give evidence........................482, 1045, 1339

SB 92, Gasoline truck tax, $10, repealed................................................--459, 771, 1001

SB 94, Embalming, state board created..............................--459, 581,867,891, 91R-919

SB 96, Elections, primary and general, fix time....................660, 696, 1390-13n 1403

SB 97, Acts, persons employed to compile..............................660, 696, 1417-1418, 1422

SB 98, Deeds, attested to by army or navy officers................................

525, 696

SB 99, Morgan county, salary clerk of commissioners............................ 459, 524, 547

SB 100, Eleemosynary institutions, board of directors..............................

482, 659

SB 103, Lumpkin county, abolish two commissioners..........................504, 524, 547-548

SB 104, Piedmont judicial circuit, pay court reporter..........................482, 613, 702-703

SB 105, Certified shorthand reporters law......................................841, 1097, 1133-1134

SB 106, Milk, evaporated, add cottonseed, soybean or peanut oiL.......

841, 978

SB 107, Bank examiners, clerk, raise salaries..........................................660, 1094, 1327

INDEX

1481

SB 108, Assignor of account receivable, notation on book notice____________ 525, 582, 750 SB 110, Administrators, executors, trustees, suspension upon entering

service ----------------------------------------------------------------------------------------660-661, 910, 1414 SB 111, Houston county, two terms superior court_____________________________ j25, 613, 701-702

SB 113, Highway mileage, add road in Twiggs, Bleckley, Bibb counties 1268, 1304

SB 114, Highway mileage, add road in Twiggs, Wilkinson counties______ 1268, 1304 SB 116, State highway commission, to create________________________878, 1131, 1314-1316, 1365

SB 117, State board social security, create_________________.S25-526, 659, 891, 921-922, 1255

SB 118, Homestead exemption, for persons in armed forces__________________ 661, 1094

SB 119, Appointees of Governor, to provide confirmation by Senate______ 661,697,895 SB 120, Fulton county, police pensions amended__________________________________526, 613, 703, 753

SB 123, Dade county, pay sheriff for home defense ___________________________ j26, 613-614, 1015

SB 124, Charlton county, pay sheriff for home defense____________________________

526

SB 125, Sheriff in armed forces, Governor to fill

vacancy ---------------------------------.526, 659, 858, 858-859, 890, 998, 1069-1070, 1083

SB 126, Judge, policyholder mutual insurance company, not

disqualified --------------------- ____________________ ------------------------------- __698, 771-772, 894-895 SB 128, Forsyth county, create board commissioners________________________________ 583, 614, 666

SB 133, Columbia county, from fee to salary system______________________661, 697, 1015-1016

SB 134, Vocational training, equalize opportunities__________________________________ 979, 1337

SB 135, Corporation suits, officers reimbursed__________________________________________ 661, 1267

SB 136, Drunkenness, in public places-------------------------------------------------------SB 137, Tax assessors, cannot hold other office________________________________________
SB 138, Insurance commission, to create____________________________________________________

698 698, 910
979

SB 139, Animal dealers, keep tag number of seller and description of

animals bought -------------------------------------------------------------------------------- 979, 1010 SB 140, Manufacturing plants, age limit night employees lowered

to 18 ----------------------------------------------------------------------------661, 1010, 1072-1073. 1082 SB 141, Homestead exemption, applies under bona fide option to pur-

chase dwelling ------------------------------------------------------------------------772, 806, 1295-1296 SB 142, Common trust funds, to authorize________________________________698-699, 939, 1332-1334

SB 143, Flour and bread, regulate manufacture oL________________________________ 772, 910

SB 145, General election, August biennially____________ 1045, 1093, 1367-1369, 1383, 1403

SB 147, Administrators, executors, annual returns____________________841-842, 939-940, 1339

SB 148, Administrators, temporary and permanently discharged____________

842

SB 150, Unemployment compensation law, no benefits in certain cases

772

SB 151, Twiggs superior court, repeal two terms____________________________________842, 940, 1292

SB 152, Twiggs superior court, fix two terms__________________________________________842, 940, 1292

SB 153, Garnishments, $500 exemption deceased employee____________________

979

SB 155, Collins, to incorporate____________________________________________________________________ 733, 806, 847

SB 156, Subsidiary corporation, 90% home-owned, exempt from

taxation --------------------------------------------------------------------------------772-773, 807, 891-894 SB 158, Collins, repeal charter--------------------------------------------------------------------- 733, 807, 847 SB 161, Rockdale county, abolish tax receiver______________________________________733-734, 772, 809 SB 162, Rockdale county, abolish tax collector__________________________________________ 734, 772, 809

1482

INDEX

SB 163, Rockdale county, create tax commissioner..-------------------------------- 734, 772, 809 SB 164, Recount in primary elections, appeals__________________________________________ 979, 1010
SB 165, Wages, paid in lawful money, checks, not apply to state__________ 773, 1267 SB 166, Lunches for school children, levy tax____________________________________878, 977-978, 1117

SB 167, State park authority, indefinite appointment by Governor________ 1176, 1200 SB 169, Fraternal insurance, revise laws____________________l046, 1093, 1289-1290, 1313-1314

SB 170, Entomology, director of ------------------------------------------------------------1046, 1093, 1342 SB 171, Credit unions, regulated like banks-------------------------------------------910, 1094, 1326
SB 172, Cartersville, city court abolished------------------------------------------------- 773,841,880 SB 173, University of Georgia, retirement system__________________________979-980, 1267, 1328

SB 174, Gasoline, sulphur content.J046, 1131, 1372-1376, 1388, 1390, 1408-1410,1413

SB 175, Fulton county precinct areas--------------------------------------------------------842, 1010, 1293 SB 176, Fulton county, naturalization of voters---------------------------842, 1010-1011, 1293 SB 177, Fulton county, preserve applications for ballots________________________842, 1011, 1293 SB 178, Atlanta, elect city attorney by people__________________________________________980, 1011, 1050
SB 179, Fulton county, create pension board____________________________________843, 910, 1135, 1413

SB 180, Public service commission ----------------------------------------1046, 1094-1095, 1369-1372 SB 182, Warner Robins, to incorporate----------------------------------------------------- 843, 940, 983 SB 184, Macon county, abolish county treasurer________________________________878, 910,983-984

SB 185, Pipe lines, tax returns to revenue commissioner________________________ 878, 1095

SB 186, Firemen, wartime mobilization --------------------------------------------------1268, 1304-1305 SB 189, "Company" to denote special partners___________________________JO%, 1131, 1326-1327

SB 192, Unemployment compensation, preserve rights of those in

service ----------------------------------------------------------------------------------1176-1177, 1305, 1418 SB 197, Quitman county, abolish and re-establish county court..911, 1011, 1050, 1256 SB 198, Convicts, insane, remove to Milledgeville_____________________ _l096, 1131, 1337-1338 SB 199, Convicts, receiving stations, to segregate_________________________________ _} 133, 1267, 1414 SB 200, Bank examiners, verify eighteen accounts_______________________________ _l046, 1095, 1296
SB 202, Bank examiners, shall interview directors___________ _l046, 1095, 1296, 1327, 1354 SB 203, Fulton county, voters must vote in home precinct____________________980, lOll, 1293 SB 204, Randolph county, terms and salary of commission____________________980, 1011, 1050 SB 206, Chatham superior court, salary woman bailiff__________________________980, 1011, 1050

SB 207, Fulton county, photostatic equipment for records..980, 1011, 1294, 1334-1335 SB 208, Jenkins county, dispense with quarterly reports________________________980, 1011, 1051

SB 209, Millen, abolish city court..----------------------------------------981, 1011-1012, 1050-1051 SB 210, Millen establish city courL----------------------------------------------------------- 1095, 1131 SB 211, Scalping on athletic tickets, to prevent___________________ J095-1096, 1267-1268, 1419

SB 212, Stephens superior court, 4 terms------------------------------------------------1096, 1131, 1292 SB 215, Paulding county, registration of voters___________________________ J096-1097, 1132, 1294 SB 216, Twiggs county, sheriff $100 per month extra_______________J096, 1132, 1292-1293 SB 217, Twiggs county, commissions for tax commissioner________________ 1096, 1132, 1294

SB 218, Gasoline tax, report to comptroller last day of month____________ 1133, 1176

SB 219, Adoption of children_____________________________________________"li_______________________

1097

SB 221, Dublin, suspension of employees.-----------------------------------------------1133, 1176, 1201 SB 222, Second-hand watches, regulate sale________________________________________________ 1200, 1268

INDEX

1483

SB 223, Grand juries, continued in session.................................................. 1268-1269 SB 224, Atlanta, teachers under pension system.................................... 1269, 1305, 1359 SB 225, Fulton county, employees in consolidated dept., share in
pensions ................................................................................ 1269, 1305, 1354-1355 SB 226, Atlanta, employees of consolidated depts., continue pension
payments ....................................................................1269, 1305, 1359-1360, 1414 SB 227, Catoosa county, $75 month extra for sherifL...............1269, 1305, 1360-1361 SB 229, Hull, regulate use of streets...................................................... 1201, 1268, 1306 SB 231, Atlanta, extend term democratic executive committee............ 1269, 1305, 1361 SB 236, Jenkins county, abolish tax receiver and collector........ 1269, 1305-1306, 1355 SB 237, Income tax, exclude recovery of bad debt......................1270, 1306, 1410-1412 SB 238, Moultrie, repeal sales and income tax.................................... 1270, 1306, 1355 SB 241, Veterans' service office, salary of director................................ 1270, 1306, 1420 SB 242, Catoosa county, pay sheriff $75 month extra............................1270, 1306 1 360

SENATE RESOLUTIONS

SR 2, Notify Governor, 10-day session convened......................................

21-22

SR 4, Election returns, to canvass..............................................................

22

SR 5, Inaugural committee, to be appointed............................................

22

SR 7, Inauguration joint session................................................................

22

SR 8, Tattnall prison loan, to reinstate....................................................55-56, 108-109

SR 9, Ten-day session, to adjourn............................................................

56

SR 10, Regular session to convene................................................................

56

SR 12, Pardon and parole board..............................................265, 319, 352-354, 358-362

SR 13, Teachers retirement ....................................................301, 697, 753-754, 774-777

SR 15, 18-year-old voters ................................................504, 524, 912-915, 942, 943-945

SR 16, Military drill for boys..................................................................184, 263, 281-282

(error in caption)

SR 21, Atlanta judicial circuit, 6-year-term judges........................382, 524, 1066-1069

SR 22, Rockdale county, pay bond premiums of officiaL.........................

184, 322

SR 26, "Peanut Week" designated .............................................................. 152, 224, 484

SR 28, Charlton county, deeded land..............................................265, 301, 331-334, 364

SR 30, Melton, Wightman F., named poet laureate................................ 265, 335

SR 31, General Assembly, $600 salary

members ..............................................457, 807, 848-852, 920, 922-923, 1386-1387

SR 32, General Assembly, abolish 10-day

session ..................457, 697, 754, 777-780, 816-823, 920-921,923-924, 1342-1343

SR 33, Metal date strips for auto tags..................................................397, 457, 568-569

SR 37, General Assembly, members eligible to state offices.................... 482, 940

SR 38, Wood, Brig. Gen. Eric Fisher, escort committee..........................

289

SR 40, Laurens superior oourt, library to furnish law books........459, 614, 1290-1292

SR 41, Rickenbacker, Capt. Eddie, invited to address General Assembly

385

SR 42, Eleemosynary institutions, board of directors................................661-662, 1093

1484

INDEX

SR 43, Dance halls, suspend part of tax.................................................J046-1047, 1095

SR 44, Ocmulgee bridge urged......................................................................

533

SR 45, McAllister, Fred G., to address General Assembly....................

504

SR 47, State treasurer, destroy old records................................................ 843, 941

SR 48, Home gardening program endorsed................................................

1133

SR 49, "Army-Navy Salvage Day" ............................................................ 662,701

SR 50, Interstate Co-operation Committee, pay expenses........................843, 878, 1414

SR 51, Food shortage, urge federal government to forestalL ...............843, 940, 1337

SR 52, Super highways, urge Congress to build after war...................... 843, 1045

SR 53, Tobacco, price ceilings urged............................................................ 662, 841

SR 54, Divorce, ten days after service........................................................ 1133, 1215

SR 55, "WAAC Week" ................................................................................

662

SR 56, Election returns for Governor........................................................ 1177, 1215

SR 57, Marketing system for agricultural products.................................. 1047, 1094

SR 58, Walton county, law books furnished..................................981, 1132, 1294-1295

SR 59, Pardon and parole board, consider misdemeanor cases...........J097, 1132, 1295

SR 62, Burch, R. F., permission to sue state.............................................. 1177, 1200

SR 63, State consitution, committee to draft new.................................. 1047, 1094, 1247

SR 66, Gasoline tax, exempt aviation gasoline........................................ 1270, 1306, 1419

SR 69, Rules of Senate and House, to revise.............................................. 1270, 1306

SR 73, Sine die adjournment........................................................................

1256

SR 75, Additional state property near Capitol, Governor to negotiate

for ........................................................................................................

1408